Illinois General Assembly - Full Text of HB3817
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Full Text of HB3817  100th General Assembly

HB3817ham002 100TH GENERAL ASSEMBLY

Rep. Elaine Nekritz

Filed: 3/21/2017

 

 


 

 


 
10000HB3817ham002LRB100 11385 SLF 23715 a

1
AMENDMENT TO HOUSE BILL 3817

2    AMENDMENT NO. ______. Amend House Bill 3817, AS AMENDED, by
3replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Juvenile Court Act of 1987 is amended by
6changing Sections 1-7, 1-8, and 5-915 as follows:
 
7    (705 ILCS 405/1-7)  (from Ch. 37, par. 801-7)
8    Sec. 1-7. Confidentiality of law enforcement and municipal
9ordinance violation records.
10    (A) All juvenile records which have not been expunged are
11sealed and may never be disclosed to the general public or
12otherwise made widely available. Sealed records may be obtained
13only under this Section and Section 1-8 and 5-915 of this Act,
14when their use is needed for good cause and with an order from
15the juvenile court, as required by those not authorized to
16retain them. Inspection and copying of law enforcement records

 

 

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1maintained by law enforcement agencies or records of municipal
2ordinance violations maintained by any State, local, or
3municipal agency that relate to a minor who has been
4investigated, arrested, or taken into custody before his or her
518th birthday shall be restricted to the following:
6        (1) Any local, State or federal law enforcement
7    officers of any jurisdiction or agency when necessary for
8    the discharge of their official duties during the
9    investigation or prosecution of a crime or relating to a
10    minor who has been adjudicated delinquent and there has
11    been a previous finding that the act which constitutes the
12    previous offense was committed in furtherance of criminal
13    activities by a criminal street gang, or, when necessary
14    for the discharge of its official duties in connection with
15    a particular investigation of the conduct of a law
16    enforcement officer, an independent agency or its staff
17    created by ordinance and charged by a unit of local
18    government with the duty of investigating the conduct of
19    law enforcement officers. For purposes of this Section,
20    "criminal street gang" has the meaning ascribed to it in
21    Section 10 of the Illinois Streetgang Terrorism Omnibus
22    Prevention Act.
23        (2) Prosecutors, probation officers, social workers,
24    or other individuals assigned by the court to conduct a
25    pre-adjudication or pre-disposition investigation, and
26    individuals responsible for supervising or providing

 

 

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1    temporary or permanent care and custody for minors pursuant
2    to the order of the juvenile court, when essential to
3    performing their responsibilities.
4        (3) Prosecutors and probation officers:
5            (a) in the course of a trial when institution of
6        criminal proceedings has been permitted or required
7        under Section 5-805; or
8            (b) when institution of criminal proceedings has
9        been permitted or required under Section 5-805 and such
10        minor is the subject of a proceeding to determine the
11        amount of bail; or
12            (c) when criminal proceedings have been permitted
13        or required under Section 5-805 and such minor is the
14        subject of a pre-trial investigation, pre-sentence
15        investigation, fitness hearing, or proceedings on an
16        application for probation.
17        (4) Adult and Juvenile Prisoner Review Board.
18        (5) Authorized military personnel.
19        (6) Persons engaged in bona fide research, with the
20    permission of the Presiding Judge of the Juvenile Court and
21    the chief executive of the respective law enforcement
22    agency; provided that publication of such research results
23    in no disclosure of a minor's identity and protects the
24    confidentiality of the minor's record.
25        (7) Department of Children and Family Services child
26    protection investigators acting in their official

 

 

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1    capacity.
2        (8) The appropriate school official only if the agency
3    or officer believes that there is an imminent threat of
4    physical harm to students, school personnel, or others who
5    are present in the school or on school grounds.
6             (A) Inspection and copying shall be limited to law
7        enforcement records transmitted to the appropriate
8        school official or officials whom the school has
9        determined to have a legitimate educational or safety
10        interest by a local law enforcement agency under a
11        reciprocal reporting system established and maintained
12        between the school district and the local law
13        enforcement agency under Section 10-20.14 of the
14        School Code concerning a minor enrolled in a school
15        within the school district who has been arrested or
16        taken into custody for any of the following offenses:
17                (i) any violation of Article 24 of the Criminal
18            Code of 1961 or the Criminal Code of 2012;
19                (ii) a violation of the Illinois Controlled
20            Substances Act;
21                (iii) a violation of the Cannabis Control Act;
22                (iv) a forcible felony as defined in Section
23            2-8 of the Criminal Code of 1961 or the Criminal
24            Code of 2012;
25                (v) a violation of the Methamphetamine Control
26            and Community Protection Act;

 

 

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1                (vi) a violation of Section 1-2 of the
2            Harassing and Obscene Communications Act;
3                (vii) a violation of the Hazing Act; or
4                (viii) a violation of Section 12-1, 12-2,
5            12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
6            12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
7            Criminal Code of 1961 or the Criminal Code of 2012.
8            The information derived from the law enforcement
9        records shall be kept separate from and shall not
10        become a part of the official school record of that
11        child and shall not be a public record. The information
12        shall be used solely by the appropriate school official
13        or officials whom the school has determined to have a
14        legitimate educational or safety interest to aid in the
15        proper rehabilitation of the child and to protect the
16        safety of students and employees in the school. If the
17        designated law enforcement and school officials deem
18        it to be in the best interest of the minor, the student
19        may be referred to in-school or community based social
20        services if those services are available.
21        "Rehabilitation services" may include interventions by
22        school support personnel, evaluation for eligibility
23        for special education, referrals to community-based
24        agencies such as youth services, behavioral healthcare
25        service providers, drug and alcohol prevention or
26        treatment programs, and other interventions as deemed

 

 

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1        appropriate for the student.
2            (B) Any information provided to appropriate school
3        officials whom the school has determined to have a
4        legitimate educational or safety interest by local law
5        enforcement officials about a minor who is the subject
6        of a current police investigation that is directly
7        related to school safety shall consist of oral
8        information only, and not written law enforcement
9        records, and shall be used solely by the appropriate
10        school official or officials to protect the safety of
11        students and employees in the school and aid in the
12        proper rehabilitation of the child. The information
13        derived orally from the local law enforcement
14        officials shall be kept separate from and shall not
15        become a part of the official school record of the
16        child and shall not be a public record. This limitation
17        on the use of information about a minor who is the
18        subject of a current police investigation shall in no
19        way limit the use of this information by prosecutors in
20        pursuing criminal charges arising out of the
21        information disclosed during a police investigation of
22        the minor. For purposes of this paragraph,
23        "investigation" means an official systematic inquiry
24        by a law enforcement agency into actual or suspected
25        criminal activity.
26        (9) Mental health professionals on behalf of the

 

 

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1    Illinois Department of Corrections or the Department of
2    Human Services or prosecutors who are evaluating,
3    prosecuting, or investigating a potential or actual
4    petition brought under the Sexually Violent Persons
5    Commitment Act relating to a person who is the subject of
6    juvenile law enforcement records or the respondent to a
7    petition brought under the Sexually Violent Persons
8    Commitment Act who is the subject of the juvenile law
9    enforcement records sought. Any records and any
10    information obtained from those records under this
11    paragraph (9) may be used only in sexually violent persons
12    commitment proceedings.
13        (10) The president of a park district. Inspection and
14    copying shall be limited to law enforcement records
15    transmitted to the president of the park district by the
16    Illinois State Police under Section 8-23 of the Park
17    District Code or Section 16a-5 of the Chicago Park District
18    Act concerning a person who is seeking employment with that
19    park district and who has been adjudicated a juvenile
20    delinquent for any of the offenses listed in subsection (c)
21    of Section 8-23 of the Park District Code or subsection (c)
22    of Section 16a-5 of the Chicago Park District Act.
23        (B)(1) Except as provided in paragraph (2), no law
24    enforcement officer or other person or agency may knowingly
25    transmit to the Department of Corrections or the Department
26    of State Police or to the Federal Bureau of Investigation

 

 

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1    any fingerprint or photograph relating to a minor who has
2    been arrested or taken into custody before his or her 18th
3    birthday, unless the court in proceedings under this Act
4    authorizes the transmission or enters an order under
5    Section 5-805 permitting or requiring the institution of
6    criminal proceedings.
7        (2) Law enforcement officers or other persons or
8    agencies shall transmit to the Department of State Police
9    copies of fingerprints and descriptions of all minors who
10    have been arrested or taken into custody before their 18th
11    birthday for the offense of unlawful use of weapons under
12    Article 24 of the Criminal Code of 1961 or the Criminal
13    Code of 2012, a Class X or Class 1 felony, a forcible
14    felony as defined in Section 2-8 of the Criminal Code of
15    1961 or the Criminal Code of 2012, or a Class 2 or greater
16    felony under the Cannabis Control Act, the Illinois
17    Controlled Substances Act, the Methamphetamine Control and
18    Community Protection Act, or Chapter 4 of the Illinois
19    Vehicle Code, pursuant to Section 5 of the Criminal
20    Identification Act. Information reported to the Department
21    pursuant to this Section may be maintained with records
22    that the Department files pursuant to Section 2.1 of the
23    Criminal Identification Act. Nothing in this Act prohibits
24    a law enforcement agency from fingerprinting a minor taken
25    into custody or arrested before his or her 18th birthday
26    for an offense other than those listed in this paragraph

 

 

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1    (2).
2    (C) The records of law enforcement officers, or of an
3independent agency created by ordinance and charged by a unit
4of local government with the duty of investigating the conduct
5of law enforcement officers, concerning all minors under 18
6years of age must be maintained separate from the records of
7arrests and may not be open to public inspection or their
8contents disclosed to the public except by order of the court
9presiding over matters pursuant to this Act or when the
10institution of criminal proceedings has been permitted or
11required under Section 5-805 or such a person has been
12convicted of a crime and is the subject of pre-sentence
13investigation or proceedings on an application for probation or
14when provided by law. For purposes of obtaining documents under
15pursuant to this Section, a civil subpoena is not an order of
16the court.
17        (1) In cases where the law enforcement, or independent
18    agency, records concern a pending juvenile court case, the
19    party seeking to inspect the records shall provide actual
20    notice to the attorney or guardian ad litem of the minor
21    whose records are sought.
22        (2) In cases where the records concern a juvenile court
23    case that is no longer pending, the party seeking to
24    inspect the records shall provide actual notice to the
25    minor or the minor's parent or legal guardian, and the
26    matter shall be referred to the chief judge presiding over

 

 

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1    matters pursuant to this Act.
2        (3) In determining whether the records should be
3    available for inspection, the court shall consider the
4    minor's interest in confidentiality and rehabilitation
5    over the moving party's interest in obtaining the
6    information. Any records obtained in violation of this
7    subsection (C) shall not be admissible in any criminal or
8    civil proceeding, or operate to disqualify a minor from
9    subsequently holding public office or securing employment,
10    or operate as a forfeiture of any public benefit, right,
11    privilege, or right to receive any license granted by
12    public authority.
13    (D) Nothing contained in subsection (C) of this Section
14shall prohibit the inspection or disclosure to victims and
15witnesses of photographs contained in the records of law
16enforcement agencies when the inspection and disclosure is
17conducted in the presence of a law enforcement officer for the
18purpose of the identification or apprehension of any person
19subject to the provisions of this Act or for the investigation
20or prosecution of any crime.
21    (E) Law enforcement officers, and personnel of an
22independent agency created by ordinance and charged by a unit
23of local government with the duty of investigating the conduct
24of law enforcement officers, may not disclose the identity of
25any minor in releasing information to the general public as to
26the arrest, investigation or disposition of any case involving

 

 

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1a minor.
2    (F) Nothing contained in this Section shall prohibit law
3enforcement agencies from communicating with each other by
4letter, memorandum, teletype or intelligence alert bulletin or
5other means the identity or other relevant information
6pertaining to a person under 18 years of age if there are
7reasonable grounds to believe that the person poses a real and
8present danger to the safety of the public or law enforcement
9officers. The information provided under this subsection (F)
10shall remain confidential and shall not be publicly disclosed,
11except as otherwise allowed by law.
12    (G) Nothing in this Section shall prohibit the right of a
13Civil Service Commission or appointing authority of any state,
14county or municipality examining the character and fitness of
15an applicant for employment with a law enforcement agency,
16correctional institution, or fire department from obtaining
17and examining the records of any law enforcement agency
18relating to any record of the applicant having been arrested or
19taken into custody before the applicant's 18th birthday.
20    (H) The changes made to this Section by Public Act 98-61
21apply to law enforcement records of a minor who has been
22arrested or taken into custody on or after January 1, 2014 (the
23effective date of Public Act 98-61).
24    (I) Willful violation of this Section is a Class C
25misdemeanor and each violation is subject to a fine of $1,000.
26This subsection (I) shall not apply to the person who is the

 

 

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1subject of the record.
2    (J) A person convicted of violating this Section is liable
3for damages in the amount of $1,000 or actual damages,
4whichever is greater.
5(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298,
6eff. 8-6-15.)
 
7    (705 ILCS 405/1-8)  (from Ch. 37, par. 801-8)
8    Sec. 1-8. Confidentiality and accessibility of juvenile
9court records.
10    (A) A juvenile adjudication shall never be considered a
11conviction nor shall an adjudicated individual be considered a
12criminal. Unless expressly allowed by law, a juvenile
13adjudication shall not operate to impose upon the individual
14any of the civil disabilities ordinarily imposed by or
15resulting from conviction. Adjudications shall not prejudice
16or disqualify the individual in any civil service application
17or appointment, from holding public office, or from receiving
18any license granted by public authority. All juvenile records
19which have not been expunged are sealed and may never be
20disclosed to the general public or otherwise made widely
21available. Sealed records may be obtained only under this
22Section and Section 1-7 and Section 5-915 of this Act, when
23their use is needed for good cause and with an order from the
24juvenile court, as required by those not authorized to retain
25them. Inspection and copying of juvenile court records relating

 

 

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1to a minor who is the subject of a proceeding under this Act
2shall be restricted to the following:
3        (1) The minor who is the subject of record, his
4    parents, guardian and counsel.
5        (2) Law enforcement officers and law enforcement
6    agencies when such information is essential to executing an
7    arrest or search warrant or other compulsory process, or to
8    conducting an ongoing investigation or relating to a minor
9    who has been adjudicated delinquent and there has been a
10    previous finding that the act which constitutes the
11    previous offense was committed in furtherance of criminal
12    activities by a criminal street gang.
13        Before July 1, 1994, for the purposes of this Section,
14    "criminal street gang" means any ongoing organization,
15    association, or group of 3 or more persons, whether formal
16    or informal, having as one of its primary activities the
17    commission of one or more criminal acts and that has a
18    common name or common identifying sign, symbol or specific
19    color apparel displayed, and whose members individually or
20    collectively engage in or have engaged in a pattern of
21    criminal activity.
22        Beginning July 1, 1994, for purposes of this Section,
23    "criminal street gang" has the meaning ascribed to it in
24    Section 10 of the Illinois Streetgang Terrorism Omnibus
25    Prevention Act.
26        (3) Judges, hearing officers, prosecutors, probation

 

 

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1    officers, social workers or other individuals assigned by
2    the court to conduct a pre-adjudication or predisposition
3    investigation, and individuals responsible for supervising
4    or providing temporary or permanent care and custody for
5    minors pursuant to the order of the juvenile court when
6    essential to performing their responsibilities.
7        (4) Judges, prosecutors and probation officers:
8            (a) in the course of a trial when institution of
9        criminal proceedings has been permitted or required
10        under Section 5-805; or
11            (b) when criminal proceedings have been permitted
12        or required under Section 5-805 and a minor is the
13        subject of a proceeding to determine the amount of
14        bail; or
15            (c) when criminal proceedings have been permitted
16        or required under Section 5-805 and a minor is the
17        subject of a pre-trial investigation, pre-sentence
18        investigation or fitness hearing, or proceedings on an
19        application for probation; or
20            (d) when a minor becomes 18 years of age or older,
21        and is the subject of criminal proceedings, including a
22        hearing to determine the amount of bail, a pre-trial
23        investigation, a pre-sentence investigation, a fitness
24        hearing, or proceedings on an application for
25        probation.
26        (5) Adult and Juvenile Prisoner Review Boards.

 

 

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1        (6) Authorized military personnel.
2        (7) Victims, their subrogees and legal
3    representatives; however, such persons shall have access
4    only to the name and address of the minor and information
5    pertaining to the disposition or alternative adjustment
6    plan of the juvenile court.
7        (8) Persons engaged in bona fide research, with the
8    permission of the presiding judge of the juvenile court and
9    the chief executive of the agency that prepared the
10    particular records; provided that publication of such
11    research results in no disclosure of a minor's identity and
12    protects the confidentiality of the record.
13        (9) The Secretary of State to whom the Clerk of the
14    Court shall report the disposition of all cases, as
15    required in Section 6-204 of the Illinois Vehicle Code.
16    However, information reported relative to these offenses
17    shall be privileged and available only to the Secretary of
18    State, courts, and police officers.
19        (10) The administrator of a bonafide substance abuse
20    student assistance program with the permission of the
21    presiding judge of the juvenile court.
22        (11) Mental health professionals on behalf of the
23    Illinois Department of Corrections or the Department of
24    Human Services or prosecutors who are evaluating,
25    prosecuting, or investigating a potential or actual
26    petition brought under the Sexually Violent Persons

 

 

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1    Commitment Act relating to a person who is the subject of
2    juvenile court records or the respondent to a petition
3    brought under the Sexually Violent Persons Commitment Act,
4    who is the subject of juvenile court records sought. Any
5    records and any information obtained from those records
6    under this paragraph (11) may be used only in sexually
7    violent persons commitment proceedings.
8    (A-1) Findings and exclusions of paternity entered in
9proceedings occurring under Article II of this Act shall be
10disclosed, in a manner and form approved by the Presiding Judge
11of the Juvenile Court, to the Department of Healthcare and
12Family Services when necessary to discharge the duties of the
13Department of Healthcare and Family Services under Article X of
14the Illinois Public Aid Code.
15    (B) A minor who is the victim in a juvenile proceeding
16shall be provided the same confidentiality regarding
17disclosure of identity as the minor who is the subject of
18record.
19    (C) Juvenile Except as otherwise provided in this
20subsection (C), juvenile court records shall not be made
21available to the general public. Subject to the limitations in
22paragraphs (0.1) through (0.4) of this subsection (C), the
23judge presiding over a juvenile court proceeding brought under
24this Act, in his or her discretion, may order that juvenile
25court records of an individual case be made available for
26inspection upon request by a representative of an agency,

 

 

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1association, or news media entity or by a properly interested
2person. For purposes of inspecting documents under this Section
3subsection (C), a civil subpoena is not an order of the court.
4        (0.1) In cases where the records concern a pending
5    juvenile court case, the requesting party seeking to
6    inspect the juvenile court records shall provide actual
7    notice to the attorney or guardian ad litem of the minor
8    whose records are sought.
9        (0.2) In cases where the records concern a juvenile
10    court case that is no longer pending, the requesting party
11    seeking to inspect the juvenile court records shall provide
12    actual notice to the minor or the minor's parent or legal
13    guardian, and the matter shall be referred to the chief
14    judge presiding over matters pursuant to this Act.
15        (0.3) In determining whether records should be made
16    available for inspection and whether inspection should be
17    limited to certain parts of the file, the court shall
18    consider the minor's interest in confidentiality and
19    rehabilitation over the requesting party's interest in
20    obtaining the information. The State's Attorney, the
21    minor, and the minor's parents, guardian, and counsel shall
22    at all times have the right to examine court files and
23    records.
24        (0.4) Any records obtained in violation of this Section
25    subsection (C) shall not be admissible in any criminal or
26    civil proceeding, or operate to disqualify a minor from

 

 

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1    subsequently holding public office, or operate as a
2    forfeiture of any public benefit, right, privilege, or
3    right to receive any license granted by public authority.
4        (1) The court shall allow the general public to have
5    access to the name, address, and offense of a minor who is
6    adjudicated a delinquent minor under this Act under either
7    of the following circumstances:
8            (A) The adjudication of delinquency was based upon
9        the minor's commission of first degree murder, attempt
10        to commit first degree murder, aggravated criminal
11        sexual assault, or criminal sexual assault; or
12            (B) The court has made a finding that the minor was
13        at least 13 years of age at the time the act was
14        committed and the adjudication of delinquency was
15        based upon the minor's commission of: (i) an act in
16        furtherance of the commission of a felony as a member
17        of or on behalf of a criminal street gang, (ii) an act
18        involving the use of a firearm in the commission of a
19        felony, (iii) an act that would be a Class X felony
20        offense under or the minor's second or subsequent Class
21        2 or greater felony offense under the Cannabis Control
22        Act if committed by an adult, (iv) an act that would be
23        a second or subsequent offense under Section 402 of the
24        Illinois Controlled Substances Act if committed by an
25        adult, (v) an act that would be an offense under
26        Section 401 of the Illinois Controlled Substances Act

 

 

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1        if committed by an adult, (vi) an act that would be a
2        second or subsequent offense under Section 60 of the
3        Methamphetamine Control and Community Protection Act,
4        or (vii) an act that would be an offense under another
5        Section of the Methamphetamine Control and Community
6        Protection Act.
7        (2) The court shall allow the general public to have
8    access to the name, address, and offense of a minor who is
9    at least 13 years of age at the time the offense is
10    committed and who is convicted, in criminal proceedings
11    permitted or required under Section 5-4, under either of
12    the following circumstances:
13            (A) The minor has been convicted of first degree
14        murder, attempt to commit first degree murder,
15        aggravated criminal sexual assault, or criminal sexual
16        assault,
17            (B) The court has made a finding that the minor was
18        at least 13 years of age at the time the offense was
19        committed and the conviction was based upon the minor's
20        commission of: (i) an offense in furtherance of the
21        commission of a felony as a member of or on behalf of a
22        criminal street gang, (ii) an offense involving the use
23        of a firearm in the commission of a felony, (iii) a
24        Class X felony offense under or a second or subsequent
25        Class 2 or greater felony offense under the Cannabis
26        Control Act, (iv) a second or subsequent offense under

 

 

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1        Section 402 of the Illinois Controlled Substances Act,
2        (v) an offense under Section 401 of the Illinois
3        Controlled Substances Act, (vi) an act that would be a
4        second or subsequent offense under Section 60 of the
5        Methamphetamine Control and Community Protection Act,
6        or (vii) an act that would be an offense under another
7        Section of the Methamphetamine Control and Community
8        Protection Act.
9    (D) Pending or following any adjudication of delinquency
10for any offense defined in Sections 11-1.20 through 11-1.60 or
1112-13 through 12-16 of the Criminal Code of 1961 or the
12Criminal Code of 2012, the victim of any such offense shall
13receive the rights set out in Sections 4 and 6 of the Bill of
14Rights for Victims and Witnesses of Violent Crime Act; and the
15juvenile who is the subject of the adjudication,
16notwithstanding any other provision of this Act, shall be
17treated as an adult for the purpose of affording such rights to
18the victim.
19    (E) Nothing in this Section shall affect the right of a
20Civil Service Commission or appointing authority of any state,
21county or municipality examining the character and fitness of
22an applicant for employment with a law enforcement agency,
23correctional institution, or fire department to ascertain
24whether that applicant was ever adjudicated to be a delinquent
25minor and, if so, to examine the records of disposition or
26evidence which were made in proceedings under this Act.

 

 

10000HB3817ham002- 21 -LRB100 11385 SLF 23715 a

1    (F) Following any adjudication of delinquency for a crime
2which would be a felony if committed by an adult, or following
3any adjudication of delinquency for a violation of Section
424-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
5Criminal Code of 2012, the State's Attorney shall ascertain
6whether the minor respondent is enrolled in school and, if so,
7shall provide a copy of the dispositional order to the
8principal or chief administrative officer of the school. Access
9to such juvenile records shall be limited to the principal or
10chief administrative officer of the school and any guidance
11counselor designated by him.
12    (G) Nothing contained in this Act prevents the sharing or
13disclosure of information or records relating or pertaining to
14juveniles subject to the provisions of the Serious Habitual
15Offender Comprehensive Action Program when that information is
16used to assist in the early identification and treatment of
17habitual juvenile offenders.
18    (H) When a Court hearing a proceeding under Article II of
19this Act becomes aware that an earlier proceeding under Article
20II had been heard in a different county, that Court shall
21request, and the Court in which the earlier proceedings were
22initiated shall transmit, an authenticated copy of the Court
23record, including all documents, petitions, and orders filed
24therein and the minute orders, transcript of proceedings, and
25docket entries of the Court.
26    (I) The Clerk of the Circuit Court shall report to the

 

 

10000HB3817ham002- 22 -LRB100 11385 SLF 23715 a

1Department of State Police, in the form and manner required by
2the Department of State Police, the final disposition of each
3minor who has been arrested or taken into custody before his or
4her 18th birthday for those offenses required to be reported
5under Section 5 of the Criminal Identification Act. Information
6reported to the Department under this Section may be maintained
7with records that the Department files under Section 2.1 of the
8Criminal Identification Act.
9    (J) The changes made to this Section by Public Act 98-61
10apply to law enforcement records of a minor who has been
11arrested or taken into custody on or after January 1, 2014 (the
12effective date of Public Act 98-61).
13    (K) Willful violation of this Section is a Class C
14misdemeanor and each violation is subject to a fine of $1,000.
15This subsection (K) shall not apply to the person who is the
16subject of the record.
17    (L) A person convicted of violating this Section is liable
18for damages in the amount of $1,000 or actual damages,
19whichever is greater.
20(Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;
2198-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff.
227-16-14.)
 
23    (705 ILCS 405/5-915)
24    Sec. 5-915. Expungement of juvenile law enforcement and
25court records.

 

 

10000HB3817ham002- 23 -LRB100 11385 SLF 23715 a

1    (0.05) For purposes of this Section and Section 5-622:
2        "Dissemination" or "disseminate" means to publish,
3    produce, print, manufacture, distribute, sell, lease,
4    exhibit, broadcast, display, transmit, or otherwise share
5    information in any format so as to make the information
6    accessible to others.
7        "Expunge" means to physically destroy the records and
8    to obliterate the minor's name and juvenile court records
9    from any official index, or public record, or electronic
10    database both. No evidence of the juvenile court records
11    may be retained by any law enforcement agency, the juvenile
12    court, or by any municipal, county, or State agency or
13    department. Nothing in this Act shall require the physical
14    destruction of the internal office records, files, or
15    databases maintained by a State's Attorney's Office or
16    other prosecutor.
17        "Juvenile court record" includes, but is not limited
18    to:
19            (a) all documents filed in or maintained by the
20    juvenile court pertaining to a specific incident,
21    proceeding, or individual;
22            (b) all documents relating to a specific incident,
23    proceeding, or individual made available to or maintained
24    by probation officers;
25            (c) all documents, video or audio tapes,
26    photographs, and exhibits admitted into evidence at

 

 

10000HB3817ham002- 24 -LRB100 11385 SLF 23715 a

1    juvenile court hearings; or
2            (d) all documents, transcripts, records, reports
3    or other evidence prepared by, maintained by, or released
4    by any municipal, county, or state agency or department, in
5    any format, if indicating involvement with the juvenile
6    court relating to a specific incident, proceeding, or
7    individual.
8        "Law enforcement record" includes but is not limited to
9    records of arrest, station adjustments, fingerprints,
10    probation adjustments, the issuance of a notice to appear,
11    or any other records or documents maintained by any a law
12    enforcement agency relating to a minor suspected of
13    committing an offense or evidence of interaction with law
14    enforcement.
15    (0.1) (a) The Department of State Police and all law
16enforcement agencies within the State shall automatically
17expunge, on or before January 1 of each year, all law
18enforcement records relating to events occurring before an
19individual's 18th birthday if:
20        (1) one year or more has elapsed since the date of the
21    arrest or law enforcement interaction documented in the
22    records;
23        (2) no petition for delinquency or criminal charges
24    were filed with the clerk of the circuit court relating to
25    the arrest or law enforcement interaction documented in the
26    records; and

 

 

10000HB3817ham002- 25 -LRB100 11385 SLF 23715 a

1        (3) 6 months have elapsed without an additional
2    subsequent arrest or filing of a petition for delinquency
3    or criminal charges whether related or not to the arrest or
4    law enforcement interaction documented in the records.
5    (b) If the law enforcement agency is unable to verify
6satisfaction of conditions (2) and (3) of this subsection
7(0.1), records that satisfy condition (1) of this subsection
8(0.1) shall be automatically expunged if the records relate to
9an offense that if committed by an adult would not be an
10offense classified as Class 2 felony or higher, an offense
11under Article 11 of the Criminal Code of 1961 or Criminal Code
12of 2012, or an offense under 12-13, 12-14, 12-14.1, 12-15, or
1312-16 of the Criminal Code of 1961.
14    (0.2) (a) Upon dismissal of a petition alleging delinquency
15or upon a finding of not delinquent, the successful termination
16of an order of supervision, or an adjudication for an offense
17which would be a Class B misdemeanor, Class C misdemeanor, or a
18petty or business offense if committed by an adult, the court
19shall automatically order the expungement of the juvenile court
20and law enforcement records within 5 business days.
21    (b) If the chief law enforcement officer of the agency, or
22his or her designee, certifies in writing that certain
23information is needed for a pending investigation involving the
24commission of a felony, that information, and information
25identifying the juvenile, may be retained in an intelligence
26file until the investigation is terminated or for one

 

 

10000HB3817ham002- 26 -LRB100 11385 SLF 23715 a

1additional year, whichever is sooner. Retention of a portion of
2a juvenile's law enforcement record does not disqualify the
3remainder of his or her record from immediate automatic
4expungement.
5    (0.3) (a) Upon an adjudication of delinquency based on any
6offense except first degree murder, the juvenile court shall
7automatically order the expungement of the juvenile records 2
8years after the juvenile's case was closed if no delinquency or
9criminal proceeding is pending and the person has had no
10subsequent delinquency adjudication or criminal conviction.
11The court shall automatically order the expungement of the
12juvenile court and law enforcement records within 5 business
13days.
14    (b) If the chief law enforcement officer of the agency, or
15his or her designee, certifies in writing that certain
16information is needed for a pending investigation involving the
17commission of a felony, that information, and information
18identifying the juvenile, may be retained in an intelligence
19file until the investigation is terminated or for one
20additional year, whichever is sooner. Retention of a portion of
21a juvenile's law enforcement record does not disqualify the
22remainder of his or her record from immediate automatic
23expungement.
24    (1) Nothing in this subsection (1) precludes an eligible
25minor from obtaining expungement under subsections (0.1),
26(0.2), or (0.3). Whenever a person has been arrested, charged,

 

 

10000HB3817ham002- 27 -LRB100 11385 SLF 23715 a

1or adjudicated delinquent for an incident occurring before his
2or her 18th birthday that if committed by an adult would be an
3offense, and that person's records are not eligible for
4automatic expungement under subsections (0.1), (0.2), or
5(0.3), the person may petition the court at any time for
6expungement of law enforcement records and juvenile court
7records relating to the incident and upon termination of all
8juvenile court proceedings relating to that incident, the court
9shall order the expungement of all records in the possession of
10the Department of State Police, the clerk of the circuit court,
11and law enforcement agencies relating to the incident, but only
12in any of the following circumstances:
13        (a) the minor was arrested and no petition for
14    delinquency was filed with the clerk of the circuit court;
15        (a-5) the minor was charged with an offense and the
16    petition or petitions were dismissed without a finding of
17    delinquency;
18        (b) the minor was charged with an offense and was found
19    not delinquent of that offense;
20        (c) the minor was placed under supervision pursuant to
21    Section 5-615, and the order of supervision has since been
22    successfully terminated; or
23        (d) the minor was adjudicated for an offense which
24    would be a Class B misdemeanor, Class C misdemeanor, or a
25    petty or business offense if committed by an adult.
26    (1.5) (Blank). Commencing 180 days after the effective date

 

 

10000HB3817ham002- 28 -LRB100 11385 SLF 23715 a

1of this amendatory Act of the 98th General Assembly, the
2Department of State Police shall automatically expunge, on or
3before January 1 of each year, a person's law enforcement
4records which are not subject to subsection (1) relating to
5incidents occurring before his or her 18th birthday in the
6Department's possession or control and which contains the final
7disposition which pertain to the person when arrested as a
8minor if:
9        (a) the minor was arrested for an eligible offense and
10    no petition for delinquency was filed with the clerk of the
11    circuit court; and
12        (b) the person attained the age of 18 years during the
13    last calendar year; and
14        (c) since the date of the minor's most recent arrest,
15    at least 6 months have elapsed without an additional
16    arrest, filing of a petition for delinquency whether
17    related or not to a previous arrest, or filing of charges
18    not initiated by arrest.
19    The Department of State Police shall allow a person to use
20the Access and Review process, established in the Department of
21State Police, for verifying that his or her law enforcement
22records relating to incidents occurring before his or her 18th
23birthday eligible under this subsection have been expunged as
24provided in subsection (0.1) of this Section this subsection.
25    The Department of State Police shall provide by rule the
26process for access, review, and automatic expungement.

 

 

10000HB3817ham002- 29 -LRB100 11385 SLF 23715 a

1    (1.6) (Blank). Commencing on the effective date of this
2amendatory Act of the 98th General Assembly, a person whose law
3enforcement records are not subject to subsection (1) or (1.5)
4of this Section and who has attained the age of 18 years may
5use the Access and Review process, established in the
6Department of State Police, for verifying his or her law
7enforcement records relating to incidents occurring before his
8or her 18th birthday in the Department's possession or control
9which pertain to the person when arrested as a minor, if the
10incident occurred no earlier than 30 years before the effective
11date of this amendatory Act of the 98th General Assembly. If
12the person identifies a law enforcement record of an eligible
13offense that meets the requirements of this subsection,
14paragraphs (a) and (c) of subsection (1.5) of this Section, and
15all juvenile court proceedings related to the person have been
16terminated, the person may file a Request for Expungement of
17Juvenile Law Enforcement Records, in the form and manner
18prescribed by the Department of State Police, with the
19Department and the Department shall consider expungement of the
20record as otherwise provided for automatic expungement under
21subsection (1.5) of this Section. The person shall provide
22notice and a copy of the Request for Expungement of Juvenile
23Law Enforcement Records to the arresting agency, prosecutor
24charged with the prosecution of the minor, or the State's
25Attorney of the county that prosecuted the minor. The
26Department of State Police shall provide by rule the process

 

 

10000HB3817ham002- 30 -LRB100 11385 SLF 23715 a

1for access, review, and Request for Expungement of Juvenile Law
2Enforcement Records.
3    (1.7) (Blank). Nothing in subsections (1.5) and (1.6) of
4this Section precludes a person from filing a petition under
5subsection (1) for expungement of records subject to automatic
6expungement under that subsection (1) or subsection (1.5) or
7(1.6) of this Section.
8    (1.8) (Blank). For the purposes of subsections (1.5) and
9(1.6) of this Section, "eligible offense" means records
10relating to an arrest or incident occurring before the person's
1118th birthday that if committed by an adult is not an offense
12classified as a Class 2 felony or higher offense, an offense
13under Article 11 of the Criminal Code of 1961 or the Criminal
14Code of 2012, or an offense under Section 12-13, 12-14,
1512-14.1, 12-15, or 12-16 of the Criminal Code of 1961.
16    (2) Any person whose delinquency adjudications are not
17eligible for automatic expungement under subsection (0.3) of
18this Section may petition the court to expunge all law
19enforcement records relating to any incidents occurring before
20his or her 18th birthday which did not result in proceedings in
21criminal court and all juvenile court records with respect to
22any adjudications except those based upon first degree murder:
23and sex offenses which would be felonies if committed by an
24adult, if the person for whom expungement is sought has had no
25convictions for any crime since his or her 18th birthday and:
26        (a) (blank); or has attained the age of 21 years; or

 

 

10000HB3817ham002- 31 -LRB100 11385 SLF 23715 a

1        (b) 2 5 years have elapsed since all juvenile court
2    proceedings relating to him or her have been terminated and
3    or his or her commitment to the Department of Juvenile
4    Justice under pursuant to this Act has been terminated. ;
5whichever is later of (a) or (b). Nothing in this Section 5-915
6precludes a minor from obtaining expungement under Section
75-622.
8    (2.5) If a minor is arrested and no petition for
9delinquency is filed with the clerk of the circuit court as
10provided in paragraph (a) of subsection (1) at the time the
11minor is released from custody, the youth officer, if
12applicable, or other designated person from the arresting
13agency, shall notify verbally and in writing to the minor or
14the minor's parents or guardians that the minor has a right to
15petition to have his or her arrest record expunged when all
16juvenile court proceedings relating to that minor have been
17terminated and that unless a petition to expunge is filed, the
18minor shall have an arrest record and shall provide the minor
19and the minor's parents or guardians with an expungement
20information packet, information regarding this State's
21expungement laws including a petition to expunge juvenile
22records obtained from the clerk of the circuit court.
23    (2.6) If a minor is referred to court charged with an
24offense and is found not delinquent of that offense; or if a
25minor is placed under supervision under Section 5-615, and the
26order of supervision is successfully terminated; or if a minor

 

 

10000HB3817ham002- 32 -LRB100 11385 SLF 23715 a

1is adjudicated for an offense that would be a Class B
2misdemeanor, a Class C misdemeanor, or a business or petty
3offense if committed by an adult; or if a minor has incidents
4occurring before his or her 18th birthday that have not
5resulted in proceedings in criminal court, or resulted in
6proceedings in juvenile court, and the adjudications were not
7based upon first degree murder or sex offenses that would be
8felonies if committed by an adult; then at the time of
9sentencing or dismissal of the case, or successful completion
10of supervision, the judge shall inform the delinquent minor of
11his or her rights regarding expungement right to petition for
12expungement as provided by law, and the clerk of the circuit
13court shall provide an expungement information packet to the
14delinquent minor, written in plain language, including
15information regarding this State's expungement laws and a
16petition for expungement, a sample of a completed petition,
17expungement instructions that shall include information
18informing the minor that (i) once the case is expunged, it
19shall be treated as if it never occurred, (ii) he or she may
20apply to have petition fees waived, (iii) once he or she
21obtains an expungement, he or she may not be required to
22disclose that he or she had a juvenile record, and (iv) if
23petitioning he or she may file the petition on his or her own
24or with the assistance of an attorney. The failure of the judge
25to inform the delinquent minor of his or her right to petition
26for expungement as provided by law does not create a

 

 

10000HB3817ham002- 33 -LRB100 11385 SLF 23715 a

1substantive right, nor is that failure grounds for: (i) a
2reversal of an adjudication of delinquency, (ii) a new trial;
3or (iii) an appeal.
4    (2.7) (Blank). For counties with a population over
53,000,000, the clerk of the circuit court shall send a
6"Notification of a Possible Right to Expungement" post card to
7the minor at the address last received by the clerk of the
8circuit court on the date that the minor attains the age of 18
9based on the birthdate provided to the court by the minor or
10his or her guardian in cases under paragraphs (b), (c), and (d)
11of subsection (1); and when the minor attains the age of 21
12based on the birthdate provided to the court by the minor or
13his or her guardian in cases under subsection (2).
14    (2.8) The petition for expungement for subsection (1) and
15(2) may include multiple offenses on the same petition and
16shall be substantially in the following form:
17
IN THE CIRCUIT COURT OF ......, ILLINOIS
18
........ JUDICIAL CIRCUIT

 
19IN THE INTEREST OF )    NO.
20                   )
21                   )
22...................)
23(Name of Petitioner)
 
24
PETITION TO EXPUNGE JUVENILE RECORDS

 

 

10000HB3817ham002- 34 -LRB100 11385 SLF 23715 a

1
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2 ))
2Now comes ............., petitioner, and respectfully requests
3that this Honorable Court enter an order expunging all juvenile
4law enforcement and court records of petitioner and in support
5thereof states that: Petitioner has attained the age of ....,
6his/her birth date being ......, or all Juvenile Court
7proceedings terminated as of ......, whichever occurred later.
8Petitioner was arrested on ..... by the ....... Police
9Department for the offense or offenses of ......., and:
10(Check All That Apply:)
11( ) a. no petition or petitions were filed with the Clerk of
12the Circuit Court.
13( ) b. was charged with ...... and was found not delinquent of
14the offense or offenses.
15( ) c. a petition or petitions were filed and the petition or
16petitions were dismissed without a finding of delinquency on
17.....
18( ) d. on ....... placed under supervision pursuant to Section
195-615 of the Juvenile Court Act of 1987 and such order of
20supervision successfully terminated on ........
21( ) e. was adjudicated for the offense or offenses, which would
22have been a Class B misdemeanor, a Class C misdemeanor, or a
23petty offense or business offense if committed by an adult.
24( ) f. was adjudicated for a Class A misdemeanor or felony,
25except first degree murder, and 2 years have passed since the
26adjudication.

 

 

10000HB3817ham002- 35 -LRB100 11385 SLF 23715 a

1Petitioner .... has .... has not been arrested on charges in
2this or any county other than the charges listed above. If
3petitioner has been arrested on additional charges, please list
4the charges below:
5Charge(s): ......
6Arresting Agency or Agencies: ...........
7Disposition/Result: (choose from a. through e., above): .....
8WHEREFORE, the petitioner respectfully requests this Honorable
9Court to (1) order all law enforcement agencies to expunge all
10records of petitioner to this incident or incidents, and (2) to
11order the Clerk of the Court to expunge all records concerning
12the petitioner regarding this incident or incidents.
 
13
......................
14
Petitioner (Signature)

 
15
..........................
16
Petitioner's Street Address

 
17
.....................
18
City, State, Zip Code

 
19
.............................
20
Petitioner's Telephone Number

 
21Pursuant to the penalties of perjury under the Code of Civil

 

 

10000HB3817ham002- 36 -LRB100 11385 SLF 23715 a

1Procedure, 735 ILCS 5/1-109, I hereby certify that the
2statements in this petition are true and correct, or on
3information and belief I believe the same to be true.
 
4
......................
5
Petitioner (Signature)
6The Petition for Expungement for subsection (2) shall be
7substantially in the following form:
 
8
IN THE CIRCUIT COURT OF ........, ILLINOIS
9
........ JUDICIAL CIRCUIT

 
10IN THE INTEREST OF )    NO.
11                   )
12                   )
13...................)
14(Name of Petitioner)
 
15
PETITION TO EXPUNGE JUVENILE RECORDS
16
(705 ILCS 405/5-915 (SUBSECTION 2))
17
(Please prepare a separate petition for each offense)
18Now comes ............, petitioner, and respectfully requests
19that this Honorable Court enter an order expunging all Juvenile
20Law Enforcement and Court records of petitioner and in support
21thereof states that:
22The incident for which the Petitioner seeks expungement

 

 

10000HB3817ham002- 37 -LRB100 11385 SLF 23715 a

1occurred before the Petitioner's 18th birthday and did not
2result in proceedings in criminal court and the Petitioner has
3not had any convictions for any crime since his/her 18th
4birthday; and
5The incident for which the Petitioner seeks expungement
6occurred before the Petitioner's 18th birthday and the
7adjudication was not based upon first-degree murder or sex
8offenses which would be felonies if committed by an adult, and
9the Petitioner has not had any convictions for any crime since
10his/her 18th birthday.
11Petitioner was arrested on ...... by the ....... Police
12Department for the offense of ........, and:
13(Check whichever one occurred the latest:)
14( ) a. The Petitioner has attained the age of 21 years, his/her
15birthday being .......; or
16( ) b. 5 years have elapsed since all juvenile court
17proceedings relating to the Petitioner have been terminated; or
18the Petitioner's commitment to the Department of Juvenile
19Justice pursuant to the expungement of juvenile law enforcement
20and court records provisions of the Juvenile Court Act of 1987
21has been terminated. Petitioner ...has ...has not been arrested
22on charges in this or any other county other than the charge
23listed above. If petitioner has been arrested on additional
24charges, please list the charges below:
25Charge(s): ..........
26Arresting Agency or Agencies: .......

 

 

10000HB3817ham002- 38 -LRB100 11385 SLF 23715 a

1Disposition/Result: (choose from a or b, above): ..........
2WHEREFORE, the petitioner respectfully requests this Honorable
3Court to (1) order all law enforcement agencies to expunge all
4records of petitioner related to this incident, and (2) to
5order the Clerk of the Court to expunge all records concerning
6the petitioner regarding this incident.
 
7
.......................
8
Petitioner (Signature)

 
9
......................
10
Petitioner's Street Address

 
11
.....................
12
City, State, Zip Code
13
.............................
14
Petitioner's Telephone Number

 
15Pursuant to the penalties of perjury under the Code of Civil
16Procedure, 735 ILCS 5/1-109, I hereby certify that the
17statements in this petition are true and correct, or on
18information and belief I believe the same to be true.
19
......................
20
Petitioner (Signature)
21    (3) The chief judge of the circuit in which an arrest was
22made or a charge was brought or any judge of that circuit

 

 

10000HB3817ham002- 39 -LRB100 11385 SLF 23715 a

1designated by the chief judge may, upon verified petition of a
2person who is the subject of an arrest or a juvenile court
3proceeding under subsection (1) or (2) of this Section, order
4the law enforcement records or official court file, or both, to
5be expunged from the official records of the arresting
6authority, the clerk of the circuit court and the Department of
7State Police. The person whose records are to be expunged shall
8petition the court using the appropriate form containing his or
9her current address and shall promptly notify the clerk of the
10circuit court of any change of address. Notice of the petition
11shall be served upon the State's Attorney or prosecutor charged
12with the duty of prosecuting the offense, the Department of
13State Police, and the arresting agency or agencies by the clerk
14of the circuit court. If an objection is filed within 45 days
15of the notice of the petition, the clerk of the circuit court
16shall set a date for hearing after the 45-day 45 day objection
17period. At the hearing the court shall hear evidence on whether
18the expungement should or should not be granted. Unless the
19State's Attorney or prosecutor, the Department of State Police,
20or an arresting agency objects to the expungement within 45
21days of the notice, the court may enter an order granting
22expungement. The clerk shall forward a certified copy of the
23order to the Department of State Police and deliver a certified
24copy of the order to the arresting agency.
25    (3.1) The Notice of Expungement shall be in substantially
26the following form:

 

 

10000HB3817ham002- 40 -LRB100 11385 SLF 23715 a

1
IN THE CIRCUIT COURT OF ....., ILLINOIS
2
.... JUDICIAL CIRCUIT

 
3IN THE INTEREST OF )    NO.
4                   )
5                   )
6...................)
7(Name of Petitioner)
 
8
NOTICE
9TO:  State's Attorney
10TO:  Arresting Agency
11
12................
13................
14
15................
16................
17TO:  Illinois State Police
18
19.....................
20
21.....................
22ATTENTION: Expungement
23You are hereby notified that on ....., at ....., in courtroom
24..., located at ..., before the Honorable ..., Judge, or any

 

 

10000HB3817ham002- 41 -LRB100 11385 SLF 23715 a

1judge sitting in his/her stead, I shall then and there present
2a Petition to Expunge Juvenile records in the above-entitled
3matter, at which time and place you may appear.
4
......................
5
Petitioner's Signature
6
...........................
7
Petitioner's Street Address
8
.....................
9
City, State, Zip Code
10
.............................
11
Petitioner's Telephone Number
12
PROOF OF SERVICE
13On the ....... day of ......, 20..., I on oath state that I
14served this notice and true and correct copies of the
15above-checked documents by:
16(Check One:)
17delivering copies personally to each entity to whom they are
18directed;
19or
20by mailing copies to each entity to whom they are directed by
21depositing the same in the U.S. Mail, proper postage fully
22prepaid, before the hour of 5:00 p.m., at the United States
23Postal Depository located at .................
24
.........................................
25
26Signature

 

 

10000HB3817ham002- 42 -LRB100 11385 SLF 23715 a

1
Clerk of the Circuit Court or Deputy Clerk
2Printed Name of Delinquent Minor/Petitioner: ....
3Address: ........................................
4Telephone Number: ...............................
5    (3.2) The Order of Expungement shall be in substantially
6the following form:
7
IN THE CIRCUIT COURT OF ....., ILLINOIS
8
.... JUDICIAL CIRCUIT

 
9IN THE INTEREST OF )    NO.
10                   )
11                   )
12...................)
13(Name of Petitioner)
 
14DOB ................
15Arresting Agency/Agencies ......
16
ORDER OF EXPUNGEMENT
17
(705 ILCS 405/5-915 (SUBSECTION 3))
18This matter having been heard on the petitioner's motion and
19the court being fully advised in the premises does find that
20the petitioner is indigent or has presented reasonable cause to
21waive all costs in this matter, IT IS HEREBY ORDERED that:
22    ( ) 1. Clerk of Court and Department of State Police costs
23are hereby waived in this matter.
24    ( ) 2. The Illinois State Police Bureau of Identification

 

 

10000HB3817ham002- 43 -LRB100 11385 SLF 23715 a

1and the following law enforcement agencies expunge all records
2of petitioner relating to an arrest dated ...... for the
3offense of ......
4
Law Enforcement Agencies:
5
.........................
6
.........................
7    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
8Court expunge all records regarding the above-captioned case.
9
ENTER: ......................
10
11JUDGE
12DATED: .......
13Name:
14Attorney for:
15Address: City/State/Zip:
16Attorney Number:
17    (3.3) The Notice of Objection shall be in substantially the
18following form:
19
IN THE CIRCUIT COURT OF ....., ILLINOIS
20
....................... JUDICIAL CIRCUIT

 
21IN THE INTEREST OF )    NO.
22                   )
23                   )
24...................)
25(Name of Petitioner)
 

 

 

10000HB3817ham002- 44 -LRB100 11385 SLF 23715 a

1
NOTICE OF OBJECTION
2TO:(Attorney, Public Defender, Minor)
3.................................
4.................................
5TO:(Illinois State Police)
6.................................
7.................................
8TO:(Clerk of the Court)
9.................................
10.................................
11TO:(Judge)
12.................................
13.................................
14TO:(Arresting Agency/Agencies)
15.................................
16.................................
17ATTENTION: You are hereby notified that an objection has been
18filed by the following entity regarding the above-named minor's
19petition for expungement of juvenile records:
20( ) State's Attorney's Office;
21( ) Prosecutor (other than State's Attorney's Office) charged
22with the duty of prosecuting the offense sought to be expunged;
23( ) Department of Illinois State Police; or
24( ) Arresting Agency or Agencies.
25The agency checked above respectfully requests that this case

 

 

10000HB3817ham002- 45 -LRB100 11385 SLF 23715 a

1be continued and set for hearing on whether the expungement
2should or should not be granted.
3DATED: .......
4Name:
5Attorney For:
6Address:
7City/State/Zip:
8Telephone:
9Attorney No.:
10
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
11This matter has been set for hearing on the foregoing
12objection, on ...... in room ...., located at ....., before the
13Honorable ....., Judge, or any judge sitting in his/her stead.
14(Only one hearing shall be set, regardless of the number of
15Notices of Objection received on the same case).
16A copy of this completed Notice of Objection containing the
17court date, time, and location, has been sent via regular U.S.
18Mail to the following entities. (If more than one Notice of
19Objection is received on the same case, each one must be
20completed with the court date, time and location and mailed to
21the following entities):
22( ) Attorney, Public Defender or Minor;
23( ) State's Attorney's Office;
24( ) Prosecutor (other than State's Attorney's Office) charged
25with the duty of prosecuting the offense sought to be expunged;
26( ) Department of Illinois State Police; and

 

 

10000HB3817ham002- 46 -LRB100 11385 SLF 23715 a

1( ) Arresting agency or agencies.
2Date: ......
3Initials of Clerk completing this section: .....
4    (4)(a) Upon entry of an order expunging records or files,
5the offense, which the records or files concern shall be
6treated as if it never occurred. Law enforcement officers and
7other public offices and agencies shall properly reply on
8inquiry that no record or file exists with respect to the
9person.
10    (a-5) Local law enforcement agencies shall send written
11notice to the minor of the expungement of any records within 60
12days of automatic expungement or the date of service of an
13expungement order, whichever applies. If a minor's court file
14has been expunged, the clerk of the circuit court shall send
15written notice to the minor of the expungement of any records
16within 60 days of automatic expungement or the date of service
17of an expungement order, whichever applies.
18    (b) Except with respect to authorized military personnel,
19an expunged juvenile record may not be considered by any
20private or public entity in employment matters, certification,
21licensing, revocation of certification or licensure, or
22registration. Applications for employment within the State
23must contain specific language that states that the applicant
24is not obligated to disclose expunged juvenile records of
25adjudication or arrest. Employers may not ask, in any format or
26context, if an applicant has had a juvenile record expunged.

 

 

10000HB3817ham002- 47 -LRB100 11385 SLF 23715 a

1Information about an expunged record obtained by a potential
2employer, even inadvertently, from an employment application
3that does not contain specific language that states that the
4applicant is not obligated to disclose expunged juvenile
5records of adjudication or arrest, shall be treated as
6dissemination of an expunged record by the employer.
7    (c) A person whose juvenile records have been expunged is
8not entitled to remission of any fines, costs, or other money
9paid as a consequence of expungement.
10    (5) (Blank). Records which have not been expunged are
11sealed, and may be obtained only under the provisions of
12Sections 5-901, 5-905 and 5-915.
13    (5.5) Whether or not expunged, records eligible for
14automatic expungement under subdivision (0.1)(a), (0.2)(a), or
15(0.3)(a) may be treated as expunged by the individual subject
16to the records.
17    (6) Nothing in this Section shall be construed to prohibit
18the maintenance of information relating to an offense after
19records or files concerning the offense have been expunged if
20the information is kept in a manner that does not enable
21identification of the individual offender. This information
22may only be used for anonymous statistical and bona fide
23research purposes.
24    (6.5) The Department of State Police or any employee of the
25Department shall be immune from civil or criminal liability for
26failure to expunge any records of arrest that are subject to

 

 

10000HB3817ham002- 48 -LRB100 11385 SLF 23715 a

1expungement under subsection (1.5) or (1.6) of this Section
2because of inability to verify a record. Nothing in subsection
3(1.5) or (1.6) of this Section shall create Department of State
4Police liability or responsibility for the expungement of law
5enforcement records it does not possess.
6    (7)(a) The State Appellate Defender shall establish,
7maintain, and carry out, by December 31, 2004, a juvenile
8expungement program to provide information and assistance to
9minors eligible to have their juvenile records expunged.
10    (b) The State Appellate Defender shall develop brochures,
11pamphlets, and other materials in printed form and through the
12agency's World Wide Web site. The pamphlets and other materials
13shall include at a minimum the following information:
14        (i) An explanation of the State's juvenile expungement
15    laws, including both automatic expungement and expungement
16    by petition process;
17        (ii) The circumstances under which juvenile
18    expungement may occur;
19        (iii) The juvenile offenses that may be expunged;
20        (iv) The steps necessary to initiate and complete the
21    juvenile expungement process; and
22        (v) Directions on how to contact the State Appellate
23    Defender.
24    (c) The State Appellate Defender shall establish and
25maintain a statewide toll-free telephone number that a person
26may use to receive information or assistance concerning the

 

 

10000HB3817ham002- 49 -LRB100 11385 SLF 23715 a

1expungement of juvenile records. The State Appellate Defender
2shall advertise the toll-free telephone number statewide. The
3State Appellate Defender shall develop an expungement
4information packet that may be sent to eligible persons seeking
5expungement of their juvenile records, which may include, but
6is not limited to, a pre-printed expungement petition with
7instructions on how to complete the petition and a pamphlet
8containing information that would assist individuals through
9the juvenile expungement process.
10    (d) The State Appellate Defender shall compile a statewide
11list of volunteer attorneys willing to assist eligible
12individuals through the juvenile expungement process.
13    (e) This Section shall be implemented from funds
14appropriated by the General Assembly to the State Appellate
15Defender for this purpose. The State Appellate Defender shall
16employ the necessary staff and adopt the necessary rules for
17implementation of this Section.
18    (7.5) (a) Willful dissemination of any information
19contained in an expunged record shall be treated as a Class C
20misdemeanor and punishable by a fine of $1,000 per violation.
21    (b) Willful dissemination for financial gain of any
22information contained in an expunged record shall be treated as
23a Class 4 felony. Dissemination for financial gain by an
24employee of any municipal, county, or State agency, including
25law enforcement, shall result in immediate termination.
26    (c) The person whose record was expunged has a right of

 

 

10000HB3817ham002- 50 -LRB100 11385 SLF 23715 a

1action against any person who intentionally disseminates an
2expunged record. In the proceeding, punitive damages up to an
3amount of $1,000 may be sought in addition to any actual
4damages. The prevailing party shall be entitled to costs and
5reasonable attorney fees.
6    (d) The punishments for dissemination of an expunged record
7shall never apply to the person whose record was expunged.
8    (8)(a) An Except with respect to law enforcement agencies,
9the Department of Corrections, State's Attorneys, or other
10prosecutors, an expunged juvenile record may not be considered
11by any private or public entity in employment matters,
12certification, licensing, revocation of certification or
13licensure, or registration. Applications for employment must
14contain specific language that states that the applicant is not
15obligated to disclose expunged juvenile records of
16adjudication, conviction, or arrest. Employers may not ask if
17an applicant has had a juvenile record expunged. Effective
18January 1, 2005, the Department of Labor shall develop a link
19on the Department's website to inform employers that employers
20may not ask if an applicant had a juvenile record expunged and
21that application for employment must contain specific language
22that states that the applicant is not obligated to disclose
23expunged juvenile records of adjudication, arrest, or
24conviction.
25    (b) A person whose juvenile records have been expunged is
26not entitled to remission of any fines, costs, or other money

 

 

10000HB3817ham002- 51 -LRB100 11385 SLF 23715 a

1paid as a consequence of expungement. This amendatory Act of
2the 93rd General Assembly does not affect the right of the
3victim of a crime to prosecute or defend a civil action for
4damages.
5    (c) The expungement of juvenile records under subsections
60.1, 0.2, or 0.3 of this Section Section 5-622 shall be funded
7by the additional fine imposed under Section 5-9-1.17 of the
8Unified Code of Corrections and additional appropriations made
9by the General Assembly for such purpose.
10    (9) (Blank). The changes made to this Section by Public Act
1198-61 apply to law enforcement records of a minor who has been
12arrested or taken into custody on or after January 1, 2014 (the
13effective date of Public Act 98-61).
14    (10) (Blank). The changes made in subsection (1.5) of this
15Section by this amendatory Act of the 98th General Assembly
16apply to law enforcement records of a minor who has been
17arrested or taken into custody on or after January 1, 2015. The
18changes made in subsection (1.6) of this Section by this
19amendatory Act of the 98th General Assembly apply to law
20enforcement records of a minor who has been arrested or taken
21into custody before January 1, 2015.
22(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
23eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
249-2-16.)
 
25    (705 ILCS 405/5-622 rep.)

 

 

10000HB3817ham002- 52 -LRB100 11385 SLF 23715 a

1    Section 10. The Juvenile Court Act of 1987 is amended by
2repealing Section 5-622".