Full Text of HB1639 095th General Assembly
HB1639enr 95TH GENERAL ASSEMBLY
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| AN ACT concerning courts.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Juvenile Court Act of 1987 is amended by | 5 |
| changing Section 5-915 as follows:
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| (705 ILCS 405/5-915)
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| Sec. 5-915. Expungement of juvenile law enforcement and | 8 |
| court records.
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| (1) Whenever any person has attained the age of 17 or | 10 |
| whenever all juvenile
court proceedings relating to that person | 11 |
| have been terminated, whichever is
later, the person may | 12 |
| petition the court to expunge law enforcement records
relating | 13 |
| to incidents occurring before his or her 17th birthday or his | 14 |
| or her
juvenile court
records, or both, but only in the | 15 |
| following circumstances:
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| (a) the minor was arrested and no petition for | 17 |
| delinquency was filed with
the clerk of the circuit court; | 18 |
| or
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| (b) the minor was charged with an offense and was found | 20 |
| not delinquent of
that offense; or
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| (c) the minor was placed under supervision pursuant to | 22 |
| Section 5-615, and
the order of
supervision has since been | 23 |
| successfully terminated; or
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LRB095 09748 RLC 29956 b |
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| (d)
the minor was adjudicated for an offense which | 2 |
| would be a Class B
misdemeanor, Class C misdemeanor, or a | 3 |
| petty or business offense if committed by an adult.
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| (2) Any person may petition the court to expunge all law | 5 |
| enforcement records
relating to any
incidents occurring before | 6 |
| his or her 17th birthday which did not result in
proceedings in | 7 |
| criminal court and all juvenile court records with respect to
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| any adjudications except those based upon first degree
murder | 9 |
| and
sex offenses which would be felonies if committed by an | 10 |
| adult, if the person
for whom expungement is sought has had no
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| convictions for any crime since his or her 17th birthday and:
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| (a) has attained the age of 21 years; or
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| (b) 5 years have elapsed since all juvenile court | 14 |
| proceedings relating to
him or her have been terminated or | 15 |
| his or her commitment to the Department of
Juvenile Justice
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| pursuant to this Act has been terminated;
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| whichever is later of (a) or (b). | 18 |
| (2.5) If a minor is arrested and no petition for | 19 |
| delinquency is filed with the clerk of the circuit court as | 20 |
| provided in paragraph (a) of subsection (1) at the time the | 21 |
| minor is released from custody, the youth officer, if | 22 |
| applicable, or other designated person from the arresting | 23 |
| agency, shall notify verbally and in writing to the minor or | 24 |
| the minor's parents or guardians that if the State's Attorney | 25 |
| does not file a petition for delinquency, the minor has a right | 26 |
| to petition to have his or her arrest record expunged when the |
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| minor attains the age of 17 or when all juvenile court | 2 |
| proceedings relating to that minor have been terminated and | 3 |
| that unless a petition to expunge is filed, the minor shall | 4 |
| have an arrest record and shall provide the minor and the | 5 |
| minor's parents or guardians with an expungement information | 6 |
| packet, including a petition to expunge juvenile records | 7 |
| obtained from the clerk of the circuit court. | 8 |
| (2.6) If a minor is charged with an offense and is found | 9 |
| not delinquent of that offense; or if a minor is placed under | 10 |
| supervision under Section 5-615, and the order of supervision | 11 |
| is successfully terminated; or if a minor is adjudicated for an | 12 |
| offense that would be a Class B misdemeanor, a Class C | 13 |
| misdemeanor, or a business or petty offense if committed by an | 14 |
| adult; or if a minor has incidents occurring before his or her | 15 |
| 17th birthday that have not resulted in proceedings in criminal | 16 |
| court, or resulted in proceedings in juvenile court, and the | 17 |
| adjudications were not based upon first degree murder or sex | 18 |
| offenses that would be felonies if committed by an adult; then | 19 |
| at the time of sentencing or dismissal of the case, the judge | 20 |
| shall inform the delinquent minor of his or her right to | 21 |
| petition for expungement as provided by law, and the clerk of | 22 |
| the circuit court shall provide an expungement information | 23 |
| packet to the delinquent minor, written in plain language, | 24 |
| including a petition for expungement, a sample of a completed | 25 |
| petition, expungement instructions that shall include | 26 |
| information informing the minor that (i) once the case is |
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LRB095 09748 RLC 29956 b |
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| expunged, it shall be treated as if it never occurred, (ii) he | 2 |
| or she may apply to have petition fees waived, (iii) once he or | 3 |
| she obtains an expungement, he or she may not be required to | 4 |
| disclose that he or she had a juvenile record, and (iv) he or | 5 |
| she may file the petition on his or her own or with the | 6 |
| assistance of an attorney. The failure of the judge to inform | 7 |
| the delinquent minor of his or her right to petition for | 8 |
| expungement as provided by law does not create a substantive | 9 |
| right, nor is that failure grounds for: (i) a reversal of an | 10 |
| adjudication of delinquency, (ii) a new trial; or (iii) an | 11 |
| appeal. | 12 |
| (2.7) For counties with a population over 3,000,000, the | 13 |
| clerk of the circuit court shall send a "Notification of a | 14 |
| Possible Right to Expungement" post card to the minor at the | 15 |
| address last received by the clerk of the circuit court on the | 16 |
| date that the minor attains the age of 17 based on the | 17 |
| birthdate provided to the court by the minor or his or her | 18 |
| guardian in cases under paragraphs (b), (c), and (d) of | 19 |
| subsection (1); and when the minor attains the age of 21 based | 20 |
| on the birthdate provided to the court by the minor or his or | 21 |
| her guardian in cases under subsection (2). | 22 |
| (2.8) The petition for expungement for subsection (1) shall | 23 |
| be substantially in the following form: | 24 |
| IN THE CIRCUIT COURT OF ......, ILLINOIS
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| ........ JUDICIAL CIRCUIT
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LRB095 09748 RLC 29956 b |
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| IN THE INTEREST OF ) NO.
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| )
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| )
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| ...................)
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| (Name of Petitioner) | 6 |
| PETITION TO EXPUNGE JUVENILE RECORDS | 7 |
| (705 ILCS 405/5-915 (SUBSECTION 1)) | 8 |
| (Please prepare a separate petition for each offense) | 9 |
| Now comes ............., petitioner, and respectfully requests
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| that this Honorable Court enter an order expunging all juvenile | 11 |
| law enforcement and court records of petitioner and in support | 12 |
| thereof states that:
Petitioner has attained the age of 17, | 13 |
| his/her birth date being ......, or all
Juvenile Court | 14 |
| proceedings terminated as of ......, whichever occurred later.
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| Petitioner was arrested on ..... by the ....... Police | 16 |
| Department for the offense of ......., and:
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| (Check One:)
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| ( ) a. no petition was filed with the Clerk of the Circuit | 19 |
| Court. | 20 |
| ( ) b. was charged with ...... and was found not delinquent
of | 21 |
| the offense. | 22 |
| ( ) c. a petition was filed and the petition was dismissed | 23 |
| without a finding of delinquency on ..... | 24 |
| ( ) d. on ....... placed under supervision pursuant to Section | 25 |
| 5-615 of the Juvenile Court Act of 1987 and such order of |
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LRB095 09748 RLC 29956 b |
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| supervision successfully terminated on ........ | 2 |
| ( ) e. was adjudicated for the offense, which would have been a | 3 |
| Class B misdemeanor, a Class C misdemeanor, or a petty offense | 4 |
| or business offense if committed by an adult.
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| Petitioner .... has .... has not been arrested on charges in | 6 |
| this or any county other than the charges listed above. If | 7 |
| petitioner has been arrested on additional charges, please list | 8 |
| the charges below:
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| Charge(s): ...... | 10 |
| Arresting Agency or Agencies: ........... | 11 |
| Disposition/Result: (choose from a. through e., above): .....
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| WHEREFORE, the petitioner respectfully requests this Honorable | 13 |
| Court to (1) order all law enforcement agencies to expunge all | 14 |
| records of petitioner to this incident, and (2) to order the | 15 |
| Clerk of the Court to expunge all records concerning the | 16 |
| petitioner regarding this incident. | 17 |
| ......................
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| Petitioner (Signature)
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| ..........................
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| Petitioner's Street Address
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| .....................
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| City, State, Zip Code
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| .............................
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| Petitioner's Telephone Number
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| Pursuant to the penalties of perjury under the Code of Civil | 4 |
| Procedure, 735 ILCS 5/1-109, I hereby certify that the | 5 |
| statements in this petition are true and correct, or on | 6 |
| information and belief I believe the same to be true. | 7 |
| ......................
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| Petitioner (Signature)
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| The Petition for Expungement for subsection (2) shall be | 10 |
| substantially in the following form: | 11 |
| IN THE CIRCUIT COURT OF ........, ILLINOIS | 12 |
| ........ JUDICIAL CIRCUIT | 13 |
| IN THE INTEREST OF ) NO.
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| )
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| )
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| ...................)
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| (Name of Petitioner) | 18 |
| PETITION TO EXPUNGE JUVENILE RECORDS
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| (705 ILCS 405/5-915 (SUBSECTION 2))
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| (Please prepare a separate petition for each offense)
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| Now comes ............, petitioner, and respectfully requests |
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| that this Honorable Court enter an order expunging all Juvenile | 2 |
| Law Enforcement and Court records of petitioner and in support | 3 |
| thereof states that: | 4 |
| The incident for which the Petitioner seeks expungement | 5 |
| occurred before the Petitioner's 17th birthday and did not | 6 |
| result in proceedings in criminal court and the Petitioner has | 7 |
| not had any convictions for any crime since his/her 17th | 8 |
| birthday; and
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| The incident for which the Petitioner seeks expungement | 10 |
| occurred before the Petitioner's 17th birthday and the | 11 |
| adjudication was not based upon first-degree murder or sex | 12 |
| offenses which would be felonies if committed by an adult, and | 13 |
| the Petitioner has not had any convictions for any crime since | 14 |
| his/her 17th birthday. | 15 |
| Petitioner was arrested on ...... by the ....... Police | 16 |
| Department for the offense of ........, and: | 17 |
| (Check whichever one occurred the latest:) | 18 |
| ( ) a. The Petitioner has attained the age of 21 years, his/her | 19 |
| birthday being .......; or | 20 |
| ( ) b. 5 years have elapsed since all juvenile court | 21 |
| proceedings relating to the Petitioner have been terminated; or | 22 |
| the Petitioner's commitment to the Department of Juvenile | 23 |
| Justice
pursuant to the expungement of juvenile law enforcement | 24 |
| and court records provisions of the Juvenile Court Act of 1987 | 25 |
| has been terminated.
Petitioner ...has ...has not been arrested | 26 |
| on charges in this or any other county other than the charge |
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| listed above. If petitioner has been arrested on additional | 2 |
| charges, please list the charges below: | 3 |
| Charge(s): .......... | 4 |
| Arresting Agency or Agencies: ....... | 5 |
| Disposition/Result: (choose from a or b, above): .......... | 6 |
| WHEREFORE, the petitioner respectfully requests this Honorable | 7 |
| Court to (1) order all law enforcement agencies to expunge all | 8 |
| records of petitioner related to this incident, and (2) to | 9 |
| order the Clerk of the Court to expunge all records concerning | 10 |
| the petitioner regarding this incident. | 11 |
| .......................
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| Petitioner (Signature)
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| ......................
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| Petitioner's Street Address
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| .....................
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| City, State, Zip Code
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| .............................
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| Petitioner's Telephone Number
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| Pursuant to the penalties of perjury under the Code of Civil | 20 |
| Procedure, 735 ILCS 5/1-109, I hereby certify that the | 21 |
| statements in this petition are true and correct, or on | 22 |
| information and belief I believe the same to be true. |
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| ......................
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| Petitioner (Signature)
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| (3) The chief judge of the circuit in which an arrest was | 4 |
| made or a charge
was brought or any
judge of that circuit | 5 |
| designated by the chief judge
may, upon verified petition
of a | 6 |
| person who is the subject of an arrest or a juvenile court | 7 |
| proceeding
under subsection (1) or (2) of this Section, order | 8 |
| the law enforcement
records or official court file, or both, to | 9 |
| be expunged from the official
records of the arresting | 10 |
| authority, the clerk of the circuit court and the
Department of | 11 |
| State Police. The person whose records are to be expunged shall | 12 |
| petition the court using the appropriate form containing his or | 13 |
| her current address and shall promptly notify the clerk of the | 14 |
| circuit court of any change of address. Notice
of the petition | 15 |
| shall be served upon the State's Attorney or prosecutor charged | 16 |
| with the duty of prosecuting the offense, the Department of | 17 |
| State Police, and the arresting agency or agencies by the clerk | 18 |
| of the circuit court. If an objection is filed within 45
90
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| days of the notice of the petition, the clerk of the circuit | 20 |
| court shall set a date for hearing after the 45
90 day | 21 |
| objection period. At the hearing the court shall hear evidence | 22 |
| on whether the expungement should or should not be granted. | 23 |
| Unless the State's Attorney or prosecutor, the Department of | 24 |
| State Police, or an arresting agency objects to the expungement | 25 |
| within 45
90 days of the notice, the court may enter an order | 26 |
| granting expungement. The person whose records are to be |
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LRB095 09748 RLC 29956 b |
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| expunged shall pay the clerk of the circuit court a fee | 2 |
| equivalent to the cost associated with expungement of records | 3 |
| by the clerk and the Department of State Police. The clerk | 4 |
| shall forward a certified copy of the order to the Department | 5 |
| of State Police, the appropriate portion of the fee to the | 6 |
| Department of State Police for processing, and deliver a | 7 |
| certified copy of the order to the arresting agency.
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| (3.1) The Notice of Expungement shall be in substantially | 9 |
| the following form: | 10 |
| IN THE CIRCUIT COURT OF ....., ILLINOIS
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| .... JUDICIAL CIRCUIT
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| IN THE INTEREST OF ) NO.
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| )
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| )
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| ...................)
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| (Name of Petitioner) | 17 |
| NOTICE
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| TO: State's Attorney
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| TO: Arresting Agency
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|
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| ................
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| ................
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| ................
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| ................
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| TO: Illinois State Police
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|
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| .....................
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|
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| .....................
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| ATTENTION: Expungement
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| You are hereby notified that on ....., at ....., in courtroom | 9 |
| ..., located at ..., before the Honorable ..., Judge, or any | 10 |
| judge sitting in his/her stead, I shall then and there present | 11 |
| a Petition to Expunge Juvenile records in the above-entitled | 12 |
| matter, at which time and place you may appear. | 13 |
| ......................
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| Petitioner's Signature
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| ...........................
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| Petitioner's Street Address
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| .....................
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| City, State, Zip Code
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| .............................
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| Petitioner's Telephone Number
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| PROOF OF SERVICE
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| On the ....... day of ......, 20..., I on oath state that I | 23 |
| served this notice and true and correct copies of the | 24 |
| above-checked documents by: | 25 |
| (Check One:) | 26 |
| delivering copies personally to each entity to whom they are |
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| directed; | 2 |
| or | 3 |
| by mailing copies to each entity to whom they are directed by | 4 |
| depositing the same in the U.S. Mail, proper postage fully | 5 |
| prepaid, before the hour of 5:00 p.m., at the United States | 6 |
| Postal Depository located at ................. | 7 |
| .........................................
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|
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| Signature | 10 |
| Clerk of the Circuit Court or Deputy Clerk
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| Printed Name of Delinquent Minor/Petitioner: .... | 12 |
| Address: ........................................ | 13 |
| Telephone Number: ............................... | 14 |
| (3.2) The Order of Expungement shall be in substantially | 15 |
| the following form: | 16 |
| IN THE CIRCUIT COURT OF ....., ILLINOIS
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| .... JUDICIAL CIRCUIT
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| IN THE INTEREST OF ) NO.
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| )
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| )
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| ...................)
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| (Name of Petitioner)
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| DOB ................ | 24 |
| Arresting Agency/Agencies ...... |
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| ORDER OF EXPUNGEMENT
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| (705 ILCS 405/5-915 (SUBSECTION 3))
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| This matter having been heard on the petitioner's motion and | 4 |
| the court being fully advised in the premises does find that | 5 |
| the petitioner is indigent or has presented reasonable cause to | 6 |
| waive all costs in this matter, IT IS HEREBY ORDERED that: | 7 |
| ( ) 1. Clerk of Court and Department of State Police costs | 8 |
| are hereby waived in this matter. | 9 |
| ( ) 2. The Illinois State Police Bureau of Identification | 10 |
| and the following law enforcement agencies expunge all records | 11 |
| of petitioner relating to an arrest dated ...... for the | 12 |
| offense of ...... | 13 |
| Law Enforcement Agencies:
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| .........................
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| .........................
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| ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | 17 |
| Court expunge all records regarding the above-captioned case. | 18 |
| ENTER: ......................
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|
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| JUDGE | 21 |
| DATED: ....... | 22 |
| Name:
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| Attorney for:
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| Address:
City/State/Zip:
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| Attorney Number: | 26 |
| (3.3) The Notice of Objection shall be in substantially the |
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| following form: | 2 |
| IN THE CIRCUIT COURT OF ....., ILLINOIS
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| ....................... JUDICIAL CIRCUIT
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| IN THE INTEREST OF ) NO.
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| )
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| )
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| ...................)
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| (Name of Petitioner) | 9 |
| NOTICE OF OBJECTION
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| TO:(Attorney, Public Defender, Minor)
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| .................................
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| .................................
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| TO:(Illinois State Police)
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| .................................
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| ................................. | 16 |
| TO:(Clerk of the Court)
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| .................................
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| .................................
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| TO:(Judge)
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| .................................
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| .................................
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| TO:(Arresting Agency/Agencies)
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| .................................
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| ................................. |
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| ATTENTION:
You are hereby notified that an objection has been | 2 |
| filed by the following entity regarding the above-named minor's | 3 |
| petition for expungement of juvenile records: | 4 |
| ( ) State's Attorney's Office;
| 5 |
| ( ) Prosecutor (other than State's Attorney's Office) charged | 6 |
| with the duty of prosecuting the offense sought to be expunged;
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| ( ) Department of Illinois State Police; or
| 8 |
| ( ) Arresting Agency or Agencies.
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| The agency checked above respectfully requests that this case | 10 |
| be continued and set for hearing on whether the expungement | 11 |
| should or should not be granted.
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| DATED: ....... | 13 |
| Name: | 14 |
| Attorney For:
| 15 |
| Address: | 16 |
| City/State/Zip:
| 17 |
| Telephone:
| 18 |
| Attorney No.:
| 19 |
| FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
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| This matter has been set for hearing on the foregoing | 21 |
| objection, on ...... in room ...., located at ....., before the | 22 |
| Honorable ....., Judge, or any judge sitting in his/her stead.
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| (Only one hearing shall be set, regardless of the number of | 24 |
| Notices of Objection received on the same case).
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| A copy of this completed Notice of Objection containing the | 26 |
| court date, time, and location, has been sent via regular U.S. |
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| Mail to the following entities. (If more than one Notice of | 2 |
| Objection is received on the same case, each one must be | 3 |
| completed with the court date, time and location and mailed to | 4 |
| the following entities):
| 5 |
| ( ) Attorney, Public Defender or Minor;
| 6 |
| ( ) State's Attorney's Office; | 7 |
| ( ) Prosecutor (other than State's Attorney's Office) charged | 8 |
| with the duty of prosecuting the offense sought to be expunged; | 9 |
| ( ) Department of Illinois State Police; and | 10 |
| ( ) Arresting agency or agencies.
| 11 |
| Date: ...... | 12 |
| Initials of Clerk completing this section: .....
| 13 |
| (4) Upon entry of an order expunging records or files, the | 14 |
| offense, which
the records or files concern shall be treated as | 15 |
| if it never occurred. Law
enforcement officers and other public | 16 |
| offices and agencies shall properly reply
on inquiry that no | 17 |
| record or file exists with respect to the
person.
| 18 |
| (5) Records which have not been expunged are sealed, and | 19 |
| may be obtained
only under the provisions of Sections 5-901, | 20 |
| 5-905 and 5-915.
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| (6) Nothing in this Section shall be construed to prohibit | 22 |
| the maintenance
of information relating to an offense after | 23 |
| records or files concerning the
offense have been expunged if | 24 |
| the information is kept in a manner that does not
enable | 25 |
| identification of the offender. This information may only be | 26 |
| used for
statistical and bona fide research purposes. |
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| (7)(a) The State Appellate Defender shall establish, | 2 |
| maintain, and carry out, by December 31, 2004, a juvenile | 3 |
| expungement program
to provide information and assistance to | 4 |
| minors eligible to have their juvenile records expunged.
| 5 |
| (b) The State Appellate Defender shall develop brochures, | 6 |
| pamphlets, and
other
materials in
printed form and through the | 7 |
| agency's World Wide Web site. The pamphlets and
other materials | 8 |
| shall
include at a minimum the following information:
| 9 |
| (i) An explanation of the State's juvenile expungement | 10 |
| process; | 11 |
| (ii) The circumstances under which juvenile | 12 |
| expungement may occur; | 13 |
| (iii) The juvenile offenses that may be expunged; | 14 |
| (iv) The steps necessary to initiate and complete the | 15 |
| juvenile expungement process;
and | 16 |
| (v) Directions on how to contact the State Appellate | 17 |
| Defender. | 18 |
| (c) The State Appellate Defender shall establish and | 19 |
| maintain a statewide
toll-free telephone
number that a person | 20 |
| may use to receive information or assistance concerning
the | 21 |
| expungement of juvenile records. The State Appellate
Defender | 22 |
| shall advertise
the toll-free telephone number statewide. The | 23 |
| State Appellate Defender shall
develop an expungement
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| information packet that may be sent to eligible persons seeking | 25 |
| expungement of
their juvenile records,
which may include, but | 26 |
| is not limited to, a pre-printed expungement petition
with |
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HB1639 Enrolled |
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LRB095 09748 RLC 29956 b |
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| instructions on how
to complete the petition and a pamphlet | 2 |
| containing information that would
assist individuals through
| 3 |
| the juvenile expungement process. | 4 |
| (d) The State Appellate Defender shall compile a statewide | 5 |
| list of volunteer
attorneys willing
to assist eligible | 6 |
| individuals through the juvenile expungement process. | 7 |
| (e) This Section shall be implemented from funds | 8 |
| appropriated by the General
Assembly to the State
Appellate | 9 |
| Defender
for this purpose. The State Appellate Defender shall | 10 |
| employ the necessary staff
and adopt the
necessary rules for | 11 |
| implementation of this Section. | 12 |
| (8)(a) Except with respect to law enforcement agencies, the | 13 |
| Department of Corrections, State's Attorneys, or other | 14 |
| prosecutors, an expunged juvenile record may not be considered | 15 |
| by any private or public entity in employment matters, | 16 |
| certification, licensing, revocation of certification or | 17 |
| licensure, or registration. Applications for employment must | 18 |
| contain specific language that states that the applicant is not | 19 |
| obligated to disclose expunged juvenile records of conviction | 20 |
| or arrest. Employers may not ask if an applicant has had a | 21 |
| juvenile record expunged. Effective January 1, 2005, the | 22 |
| Department of Labor shall develop a link on the Department's | 23 |
| website to inform employers that employers may not ask if an | 24 |
| applicant had a juvenile record expunged and that application | 25 |
| for employment must contain specific language that states that | 26 |
| the applicant is not obligated to disclose expunged juvenile |
|
|
|
HB1639 Enrolled |
- 20 - |
LRB095 09748 RLC 29956 b |
|
| 1 |
| records of arrest or conviction. | 2 |
| (b) A person whose juvenile records have been expunged is | 3 |
| not entitled to remission of any fines, costs, or other money | 4 |
| paid as a consequence of expungement. This amendatory Act of | 5 |
| the 93rd General Assembly does not affect the right of the | 6 |
| victim of a crime to prosecute or defend a civil action for | 7 |
| damages.
| 8 |
| (Source: P.A. 93-912, eff. 8-12-04; 94-696, eff. 6-1-06 .)
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