Public Act 098-0637
 
SB0978 EnrolledLRB098 05217 HEP 35249 b



    AN ACT concerning courts.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:



 
    Section 5. The State Records Act is amended by changing 
Section 3 as follows:
 



    (5 ILCS 160/3)  (from Ch. 116, par. 43.6)



    Sec. 3. Records as property of State. 

    (a) All records
created or received by
or under the 
authority of or coming into the custody, control, or possession 
of
public officials of this State in the course of their public 
duties are the
property of the State.  These records may not be 
mutilated, destroyed,
transferred, removed,
or otherwise 
damaged or disposed of, in whole or in part, except as provided 
by
law. Any person shall have the right of access to any public 
records, unless
access to the records is otherwise limited or

prohibited by law. This subsection (a) does not apply to 
records that are subject to expungement under subsections (1.5) 
and (1.6) of Section 5-915 of the Juvenile Court Act of 1987. 

    (b) Reports and records of the obligation,
 receipt and use 
of public
funds of the State are public records available for 
inspection by the
public, except as access to such records is 
otherwise limited or prohibited
by law or pursuant to law.  
These records shall be kept at the official
place of business 
of the State or at a designated place of business of the
State.  
These records shall be available for public inspection during 
regular
office hours except when in
immediate use by persons 
exercising official duties which require the use
of those 
records.  Nothing in this
section shall require the State to 
invade or assist in the invasion of any
person's right to 
privacy.  Nothing in this Section shall be construed to
limit 
any right given by statute or rule of law with respect to the

inspection of other types of records.

    Warrants and vouchers in the keeping of the State 
Comptroller may be
destroyed
by him as authorized in "An Act in 
relation to the reproduction and destruction
of records kept by 
the Comptroller", approved August 1, 1949, as now or
hereafter 
amended after obtaining the approval of the State Records

Commission.

(Source: P.A. 92-866, eff. 1-3-03.)

 
    Section 10. The Criminal Identification Act is amended  by 
changing Section 5.2 as follows:
 
 

    (20 ILCS 2630/5.2)

 
    Sec. 5.2. Expungement and sealing.
    (a) General Provisions.
        (1) Definitions. In this Act, words and phrases have


    the meanings set forth in this subsection, except when a


    particular context clearly requires a different meaning.
            (A) The following terms shall have the meanings 
        ascribed to them in the Unified Code of Corrections, 
        730 ILCS 5/5-1-2 through 5/5-1-22:
                (i) Business Offense (730 ILCS 5/5-1-2),
                (ii) Charge (730 ILCS 5/5-1-3),
                (iii) Court (730 ILCS 5/5-1-6),
                (iv) Defendant (730 ILCS 5/5-1-7),
                (v) Felony (730 ILCS 5/5-1-9),
                (vi) Imprisonment (730 ILCS 5/5-1-10),
                (vii) Judgment (730 ILCS 5/5-1-12),
                (viii) Misdemeanor (730 ILCS 5/5-1-14),
                (ix) Offense (730 ILCS 5/5-1-15),
                (x) Parole (730 ILCS 5/5-1-16),
                (xi) Petty Offense (730 ILCS 5/5-1-17),
                (xii) Probation (730 ILCS 5/5-1-18),
                (xiii) Sentence (730 ILCS 5/5-1-19),
                (xiv) Supervision (730 ILCS 5/5-1-21), and
                (xv) Victim (730 ILCS 5/5-1-22).
            (B)  As used in this Section, "charge not initiated 
        by arrest" means a charge (as defined by 730 ILCS 
        5/5-1-3) brought against a defendant where the 
        defendant is not arrested prior to or as a direct 
        result of the charge.
            (C) "Conviction" means a judgment of conviction or 
        sentence entered upon a plea of guilty or upon a 
        verdict or finding of guilty of an offense, rendered by 
        a legally constituted jury or by a court of competent 
        jurisdiction authorized to try the case without a jury. 
        An order of supervision successfully completed by the 
        petitioner is not a conviction.  An order of qualified 
        probation (as defined in subsection (a)(1)(J)) 
        successfully completed by the petitioner is not a 
        conviction.  An order of supervision or an order of 
        qualified probation that is terminated 
        unsatisfactorily is a conviction, unless the 
        unsatisfactory termination is reversed, vacated, or 
        modified and the judgment of conviction, if any, is 
        reversed or vacated.
            (D) "Criminal offense" means a petty offense, 
        business offense, misdemeanor, felony, or municipal 
        ordinance violation (as defined in subsection 
        (a)(1)(H)).  As used in this Section, a minor traffic 
        offense (as defined in subsection (a)(1)(G)) shall not 
        be considered a criminal offense.
            (E) "Expunge" means to physically destroy the 
        records or return them to the petitioner and to 
        obliterate the petitioner's name from any official 
        index or public record, or both. Nothing in this Act 
        shall require the physical destruction of the circuit 
        court file, but such records relating to arrests or 
        charges, or both, ordered expunged shall be impounded 
        as required by subsections (d)(9)(A)(ii) and 
        (d)(9)(B)(ii).
            (F) As used in this Section, "last sentence" means 
        the sentence, order of supervision, or order of 
        qualified probation (as defined by subsection 
        (a)(1)(J)), for a criminal offense (as defined by 
        subsection (a)(1)(D)) that terminates last in time in 
        any jurisdiction, regardless of whether the petitioner 
        has included the criminal offense for which the 
        sentence or order of supervision or qualified 
        probation was imposed in his or her petition.  If 
        multiple sentences, orders of supervision, or orders 
        of qualified probation terminate on the same day and 
        are last in time, they shall be collectively considered 
        the "last sentence" regardless of whether they were 
        ordered to run concurrently.
            (G) "Minor traffic offense" means a petty offense, 
        business offense, or Class C misdemeanor under the 
        Illinois Vehicle Code or a similar provision of a 
        municipal or local ordinance.
            (H) "Municipal ordinance violation" means an 
        offense defined by a municipal or local ordinance that 
        is criminal in nature and with which the petitioner was 
        charged or for which the petitioner was arrested and 
        released without charging.
            (I) "Petitioner" means an adult or a minor 
        prosecuted as an

adult who has applied for relief under 
        this Section.
            (J) "Qualified probation" means an order of 
        probation under Section 10 of the Cannabis Control Act, 
        Section 410 of the Illinois Controlled Substances Act, 
        Section 70 of the Methamphetamine Control and 
        Community Protection Act, Section 5-6-3.3 or 5-6-3.4 
        of the Unified Code of Corrections, Section 
        12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as 
        those provisions existed before their deletion by 
        Public Act 89-313), Section 10-102 of the Illinois 
        Alcoholism and Other Drug Dependency Act, Section 
        40-10 of the Alcoholism and Other Drug Abuse and 
        Dependency Act, or Section 10 of the Steroid Control 
        Act.  For the purpose of this Section, "successful 
        completion" of an order of qualified probation under 
        Section 10-102 of the Illinois Alcoholism and Other 
        Drug Dependency Act and Section 40-10 of the Alcoholism 
        and Other Drug Abuse and Dependency Act means that the 
        probation was terminated satisfactorily and the 
        judgment of conviction was vacated.
            (K) "Seal" means to physically and electronically 
        maintain the records, unless the records would 
        otherwise be destroyed due to age, but to make the 
        records unavailable without a court order, subject to 
        the exceptions in Sections 12 and 13 of this Act. The 
        petitioner's name shall also be obliterated from the 
        official index required to be kept by the circuit court 
        clerk under Section 16 of the Clerks of Courts Act, but 
        any index issued by the circuit court clerk before the 
        entry of the order to seal shall not be affected.
            (L) "Sexual offense committed against a minor" 
        includes but is

not limited to the offenses of indecent 
        solicitation of a child

or criminal sexual abuse when 
        the victim of such offense is

under 18 years of age.
            (M) "Terminate" as it relates to a sentence or 
        order of supervision or qualified probation includes 
        either satisfactory or unsatisfactory termination of 
        the sentence, unless otherwise specified in this 
        Section.
        (2) Minor Traffic Offenses.
Orders of supervision or 
    convictions for minor traffic offenses shall not affect a 
    petitioner's eligibility to expunge or seal records 
    pursuant to this Section.
        (3) Exclusions.  Except as otherwise provided in 
    subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) 
    of this Section, the court shall not order:
            (A) the sealing or expungement of the records of 
        arrests or charges not initiated by arrest that result 
        in an order of supervision for or conviction of:
 (i) 
        any sexual offense committed against a
minor; (ii) 
        Section 11-501 of the Illinois Vehicle Code or a 
        similar provision of a local ordinance; or (iii) 
        Section 11-503 of the Illinois Vehicle Code or a 
        similar provision of a local ordinance, unless the 
        arrest or charge is for a misdemeanor  violation of 
        subsection (a) of Section 11-503 or a similar provision 
        of a local ordinance, that occurred prior to the 
        offender reaching the age of 25 years and the offender 
        has no other conviction for violating Section 11-501 or 
        11-503 of the Illinois Vehicle Code or a similar 
        provision of a local ordinance.
            (B) the sealing or expungement of records of minor 
        traffic offenses (as defined in subsection (a)(1)(G)), 
        unless the petitioner was arrested and released 
        without charging.
            (C) the sealing of the records of arrests or 
        charges not initiated by arrest which result in an 
        order of supervision, an order of qualified probation 
        (as defined in subsection (a)(1)(J)), or a conviction 
        for the following offenses:
                (i)  offenses included in Article 11 of the 
            Criminal Code of 1961 or the Criminal Code of 2012 
            or a similar provision of a local ordinance, except 
            Section 11-14 of the Criminal Code of 1961 or the 
            Criminal Code of 2012, or a similar provision of a 
            local ordinance;
                (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, 
            26-5, or 48-1 of the Criminal Code of 1961 or the 
            Criminal Code of 2012, or a similar provision of a 
            local ordinance;
                (iii) offenses defined as "crimes of violence" 
            in Section 2 of the Crime Victims Compensation Act 
            or a similar provision of a local ordinance;
                (iv) offenses which are Class A misdemeanors 
            under the Humane Care for Animals Act; or
                (v) any offense or attempted offense that 
            would subject a person to registration under the 
            Sex Offender Registration Act.
            (D) the sealing of the records of an arrest which 
        results in
the petitioner being charged with a felony 
        offense or records of a charge not initiated by arrest 
        for a felony offense unless:
                (i) the charge is amended to a misdemeanor and 
            is otherwise
eligible to be sealed pursuant to 
            subsection (c);
                (ii) the charge is brought along with another 
            charge as a part of one case and the charge results 
            in acquittal, dismissal, or conviction when the 
            conviction was reversed or vacated, and another 
            charge brought in the same case results in a 
            disposition for a misdemeanor offense that is 
            eligible to be sealed pursuant to subsection (c) or 
            a disposition listed in paragraph (i), (iii), or 
            (iv) of this subsection; 
                (iii) the charge results in first offender 
            probation as set forth in subsection (c)(2)(E);
                (iv) the charge is for a felony offense listed 
            in subsection (c)(2)(F) or the charge is amended to 
            a felony offense listed in subsection (c)(2)(F);
                (v) the charge results in acquittal, 
            dismissal, or the petitioner's release without 
            conviction; or
                (vi) the charge results in a conviction, but 
            the conviction was reversed or vacated. 
    (b) Expungement.
        (1) A petitioner may petition the circuit court to 
    expunge the
records of his or her arrests and charges not 
    initiated by arrest when:
            (A) He or she has never been convicted of a 
        criminal offense; and
            (B) Each arrest or charge not initiated by arrest


        sought to be expunged resulted in:

        (i) acquittal, 
        dismissal, or the petitioner's release             without  
        charging, unless excluded by subsection (a)(3)(B);
         
        (ii) a conviction which was vacated or reversed, unless 
        excluded by subsection (a)(3)(B);
(iii) an order  of 
        supervision and such supervision was successfully 
        completed by the petitioner, unless excluded by 
        subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of 
        qualified probation (as defined in subsection 
        (a)(1)(J)) and such probation was successfully 
        completed by the petitioner.
        (2) Time frame for filing a petition to expunge.
            (A) When the arrest or charge not initiated by 
        arrest sought to be expunged resulted in an acquittal, 
        dismissal, the petitioner's release without charging, 
        or the reversal or vacation of a conviction, there is 
        no waiting period to petition for the expungement of 
        such records.
            (B) When the arrest or charge not initiated by 
        arrest

sought to be expunged resulted in an order of 
        supervision, successfully

completed by  the petitioner, 
        the following time frames will apply:
                (i) Those arrests or charges that resulted in 
            orders of

supervision under Section 3-707, 3-708, 
            3-710, or 5-401.3 of the Illinois Vehicle Code or a 
            similar provision of a local ordinance, or under 
            Section 11-1.50, 12-3.2, or 12-15 of the Criminal 
            Code of 1961 or the Criminal Code of 2012, or a 
            similar provision of a local ordinance, shall not 
            be eligible for expungement until 5 years have 
            passed following the satisfactory termination of 
            the supervision.
                (i-5) Those arrests or charges that resulted 
            in orders of supervision for a misdemeanor  
            violation of subsection (a) of Section 11-503 of 
            the Illinois Vehicle Code or a similar provision of 
            a local ordinance, that occurred prior to the 
            offender reaching the age of 25 years and the 
            offender has no other conviction for violating 
            Section 11-501 or 11-503 of the Illinois Vehicle 
            Code or a similar provision of a local ordinance 
            shall not be eligible for expungement until the 
            petitioner has reached the age of 25 years. 
                (ii) Those arrests or charges that resulted in 
            orders

            of supervision for any other offenses shall 
            not be

            eligible for expungement until 2 years have 
            passed

following the satisfactory termination of 
            the supervision.
            (C) When the arrest or charge not initiated by 
        arrest sought to

be expunged resulted in an order of 
        qualified probation, successfully

completed by the 
        petitioner, such records shall not be eligible for


        expungement until 5 years have passed following the 
        satisfactory

termination of the probation.
        (3) Those records maintained by the Department for

    
    persons arrested prior to their 17th birthday shall be

    
    expunged as provided in Section 5-915 of the Juvenile Court

    
    Act of 1987.
        (4) Whenever a person has been arrested for or 
    convicted of any

  offense, in the name of a person whose 
    identity he or she has stolen or otherwise

  come into 
    possession of, the aggrieved person from whom the identity

    
    was stolen or otherwise obtained without authorization,

    
    upon learning of the person having been arrested using his

    
    or her identity, may, upon verified petition to the chief 
    judge of

    the circuit wherein the arrest was made, have a 
    court order

    entered nunc pro tunc by the Chief Judge to 
    correct the

    arrest record, conviction record, if any, and 
    all official

    records of the arresting authority, the 
    Department, other

    criminal justice agencies, the 
    prosecutor, and the trial

    court concerning such arrest, if 
    any, by removing his or her name

    from all such records in 
    connection with the arrest and

    conviction, if any, and by 
    inserting in the records the

    name of the offender, if known 
    or ascertainable, in lieu of

    the aggrieved's name. The 
    records of the circuit court clerk shall be sealed until 
    further order of

    the court upon good cause shown and the 
    name of the

    aggrieved person obliterated on the official 
    index

    required to be kept by the circuit court clerk under

    
    Section 16 of the Clerks of Courts Act, but the order shall

    
    not affect any index issued by the circuit court clerk

    
    before the entry of the order. Nothing in this Section

    
    shall limit the Department of State Police or other

    
    criminal justice agencies or prosecutors from listing

    
    under an offender's name the false names he or she has

    
    used.
        (5) Whenever a person has been convicted of criminal

    
    sexual assault, aggravated criminal sexual assault,

    
    predatory criminal sexual assault of a child, criminal

    
    sexual abuse, or aggravated criminal sexual abuse, the

    
    victim of that offense may request that the State's

    
    Attorney of the county in which the conviction occurred

    
    file a verified petition with the presiding trial judge at

    
    the petitioner's trial to have a court order entered to 
    seal

    the records of the circuit court clerk in connection

    
    with the proceedings of the trial court concerning that

    
    offense. However, the records of the arresting authority

    
    and the Department of State Police concerning the offense

    
    shall not be sealed. The court, upon good cause shown,

    
    shall make the records of the circuit court clerk in

    
    connection with the proceedings of the trial court

    
    concerning the offense available for public inspection.
        (6) If a conviction has been set aside on direct review

    
    or on collateral attack and the court determines by clear

    
    and convincing evidence that the petitioner was factually

    
    innocent of the charge, the court that finds the petitioner 
    factually innocent of the charge shall enter an

    expungement 
    order for the conviction for which the petitioner has been 
    determined to be innocent as provided in subsection (b) of 
    Section

    5-5-4 of the Unified Code of Corrections.
        (7) Nothing in this Section shall prevent the 
    Department of

    State Police from maintaining all records of 
    any person who

    is admitted to probation upon terms and 
    conditions and who

    fulfills those terms and conditions 
    pursuant to Section 10

    of the Cannabis Control Act, Section 
    410 of the Illinois

    Controlled Substances Act, Section 70 
    of the

    Methamphetamine Control and Community Protection 
    Act,

    Section 5-6-3.3 or 5-6-3.4 of the Unified Code of 
    Corrections, Section 12-4.3 or subdivision (b)(1) of 
    Section 12-3.05 of the Criminal Code of 1961 or the 
    Criminal Code of 2012, Section 10-102

    of the Illinois 
    Alcoholism and Other Drug Dependency Act,

    Section 40-10 of 
    the Alcoholism and Other Drug Abuse and

    Dependency Act, or 
    Section 10 of the Steroid Control Act.
        (8)  If the petitioner has been granted a certificate of 
    innocence under Section 2-702 of the Code of Civil 
    Procedure, the court that grants the certificate of 
    innocence shall also enter an order expunging the 
    conviction for which the petitioner has been determined to 
    be innocent as provided in subsection (h) of Section 2-702 
    of the Code of Civil Procedure.
    (c) Sealing.
        (1) Applicability. Notwithstanding any other provision 
    of this Act to the contrary, and cumulative with any rights 
    to expungement of criminal records, this subsection 
    authorizes the sealing of criminal records of adults and of 
    minors prosecuted as adults.
        (2) Eligible Records. The following records may be 
    sealed:
            (A) All arrests resulting in release without 
        charging;
            (B) Arrests or charges not initiated by arrest 
        resulting in acquittal, dismissal, or conviction when 
        the conviction was reversed or vacated, except as 
        excluded by subsection (a)(3)(B);
            (C) Arrests or charges not initiated by arrest 
        resulting in orders of supervision successfully 
        completed by the petitioner, unless excluded by 
        subsection (a)(3);
            (D) Arrests or charges not initiated by arrest 
        resulting in convictions unless excluded by subsection 
        (a)(3);
            (E) Arrests or charges not initiated by arrest 
        resulting in orders of first offender probation under 
        Section 10 of the Cannabis Control Act, Section 410 of 
        the Illinois Controlled Substances Act, Section 70 of 
        the Methamphetamine Control and Community Protection 
        Act,  or Section 5-6-3.3 of the Unified Code of 
        Corrections; and
            (F) Arrests or charges not initiated by arrest 
        resulting in felony convictions for the following 
        offenses:
                (i) Class 4 felony convictions for: 
                    Prostitution under Section 11-14 of the 
                Criminal Code of 1961 or the Criminal Code of 
                2012. 
                    Possession of cannabis under Section 4 of 
                the Cannabis Control Act. 
                    Possession of a controlled substance under 
                Section 402 of the Illinois Controlled 
                Substances Act. 
                    Offenses under the Methamphetamine 
                Precursor Control Act. 
                    Offenses under the Steroid Control Act. 
                    Theft under Section 16-1 of the Criminal 
                Code of 1961 or the Criminal Code of 2012. 
                    Retail theft under Section 16A-3 or 
                paragraph (a) of 16-25 of the Criminal Code of 
                1961 or the Criminal Code of 2012. 
                    Deceptive practices under Section 17-1 of 
                the Criminal Code of 1961 or the Criminal Code 
                of 2012. 
                    Forgery under Section 17-3 of the Criminal 
                Code of 1961 or the Criminal Code of 2012. 
                    Possession of burglary tools under Section 
                19-2 of the Criminal Code of 1961 or the 
                Criminal Code of 2012. 
            (ii) Class 3 felony convictions for: 
                    Theft under Section 16-1 of the Criminal 
                Code of 1961 or the Criminal Code of 2012. 
                    Retail theft under Section 16A-3 or 
                paragraph (a) of 16-25 of the Criminal Code of 
                1961 or the Criminal Code of 2012. 
                    Deceptive practices under Section 17-1 of 
                the Criminal Code of 1961 or the Criminal Code 
                of 2012. 
                    Forgery under Section 17-3 of the Criminal 
                Code of 1961 or the Criminal Code of 2012. 
                    Possession with intent to manufacture or 
                deliver a controlled substance under Section 
                401 of the Illinois Controlled Substances Act. 
        (3) When Records Are Eligible to Be Sealed. Records 
    identified as eligible under subsection (c)(2) may be 
    sealed as follows:
            (A) Records identified as eligible under 
        subsection (c)(2)(A) and (c)(2)(B) may be sealed at any 
        time.
            (B) Records identified as eligible under 
        subsection (c)(2)(C) may be sealed
(i) 3 years after 
        the termination of petitioner's last sentence (as 
        defined in subsection (a)(1)(F)) if the petitioner has 
        never been convicted of a criminal offense (as defined 
        in subsection (a)(1)(D)); or
(ii) 4 years after the 
        termination of the petitioner's last sentence (as 
        defined in subsection (a)(1)(F)) if the petitioner has 
        ever been convicted of a criminal offense (as defined 
        in subsection (a)(1)(D)).
            (C) Records identified as eligible under 
        subsections (c)(2)(D), (c)(2)(E), and (c)(2)(F) may be 
        sealed 4 years after the termination of the 
        petitioner's last sentence (as defined in subsection 
        (a)(1)(F)).
            (D) Records identified in subsection 
        (a)(3)(A)(iii) may be sealed after the petitioner has 
        reached the age of 25 years. 
        (4) Subsequent felony convictions. A person may not 
    have

        subsequent felony conviction records sealed as 
    provided in this subsection
   (c) if he or she is convicted 
    of any felony offense after the date of the
   sealing of 
    prior felony convictions as provided in this subsection 
    (c).  The court may, upon conviction for a subsequent felony 
    offense, order the unsealing of prior felony conviction 
    records previously ordered sealed by the court.
        (5) Notice of eligibility for sealing. Upon entry of a 
    disposition for an eligible record under this subsection 
    (c), the petitioner shall be informed by the court of the 
    right to have the records sealed and the procedures for the 
    sealing of the records.
    (d) Procedure. The following procedures apply to 
expungement under subsections (b), (e), and (e-6) and sealing 
under subsections (c) and (e-5):
        (1) Filing the petition.  Upon becoming eligible to 
    petition for
the expungement or sealing of records under 
    this Section, the petitioner shall file a petition 
    requesting the expungement
or sealing of records with the 
    clerk of the court where the arrests occurred or the 
    charges were brought, or both. If arrests occurred or 
    charges were brought in multiple jurisdictions, a petition 
    must be filed in each such jurisdiction. The petitioner 
    shall pay the applicable fee, if not waived.
        (2) Contents of petition. The petition shall be

    
    verified and shall contain the petitioner's name, date of

    
    birth, current address and, for each arrest or charge not 
    initiated by

  arrest sought to be sealed or expunged, the 
    case number, the date of

  arrest (if any), the identity of 
    the arresting authority, and such

  other information as the 
    court may require. During the pendency

    of the proceeding, 
    the petitioner shall promptly notify the

    circuit court 
    clerk of any change of his or her address. If the 
    petitioner has received a certificate of eligibility for 
    sealing from the Prisoner Review Board under paragraph (10) 
    of subsection (a) of Section 3-3-2 of the Unified Code of 
    Corrections, the certificate shall be attached to the 
    petition.
        (3) Drug test. The petitioner must attach to the 
    petition proof that the petitioner has passed a test taken 
    within 30 days before the filing of the petition showing 
    the absence within his or her body of all illegal 
    substances as defined by the Illinois Controlled 
    Substances Act, the Methamphetamine Control and Community 
    Protection Act, and the Cannabis Control Act if he or she 
    is petitioning to:
            (A) seal felony records under clause (c)(2)(E);
            (B) seal felony records for a violation of the 
        Illinois Controlled Substances Act, the 
        Methamphetamine Control and Community Protection Act, 
        or the Cannabis Control Act under clause (c)(2)(F);
            (C) seal felony records under subsection   (e-5); or 
            (D) expunge felony records of a qualified 
        probation under clause (b)(1)(B)(iv).
        (4) Service of petition. The circuit court clerk shall 
    promptly
serve a copy of the petition and documentation to 
    support the petition under subsection (e), (e-5), or (e-6) 
    on the State's Attorney or
    prosecutor charged with the duty 
    of prosecuting the

    offense, the Department of State Police, 
    the arresting

    agency and the chief legal officer of the 
    unit of local

    government effecting the arrest.
        (5) Objections.
            (A) Any party entitled to notice of the petition 
        may file an objection to the petition.  All objections 
        shall be in writing, shall be filed with the circuit 
        court clerk, and shall state with specificity the basis 
        of the objection. Whenever a person who has been 
        convicted of an offense is granted
a pardon by the 
        Governor which specifically authorizes expungement, an 
        objection to the petition may not be filed. 
            (B) Objections to a petition to expunge or seal 
        must be filed within 60 days of the date of service of 
        the petition.
        (6) Entry of order.
            (A) The Chief Judge of the circuit wherein the 
        charge was brought, any judge of that circuit 
        designated by the Chief Judge, or in counties of less 
        than 3,000,000 inhabitants, the presiding trial judge 
        at the petitioner's trial, if any, shall rule on the 
        petition to expunge or seal as set forth in this 
        subsection (d)(6).
            (B) Unless the State's Attorney or prosecutor, the 
        Department of
State Police, the arresting agency, or 
        the chief legal officer
files an objection to the 
        petition to expunge or seal within 60 days from the 
        date of service of the petition, the court shall enter 
        an order granting or denying the petition.
        (7) Hearings. If an objection is filed, the court shall 
    set a date for a hearing and notify the petitioner and all 
    parties entitled to notice of the petition of the hearing 
    date at least 30 days prior to the hearing.  Prior to the 
    hearing, the State's Attorney shall consult with the 
    Department as to the appropriateness of the relief sought 
    in the petition to expunge or seal.  At the hearing, the 
    court shall hear evidence on whether the petition should or 
    should not be granted, and shall grant or deny the petition 
    to expunge or seal the records based on the evidence 
    presented at the hearing. The court may consider the 
    following:
            (A) the strength of the evidence supporting the 
        defendant's conviction; 
            (B) the reasons for retention of the conviction 
        records by the State; 
            (C) the petitioner's age, criminal record history, 
        and employment history; 
            (D) the period of time between the petitioner's 
        arrest on the charge resulting in the conviction and 
        the filing of the petition under this Section; and 
            (E) the specific adverse consequences the 
        petitioner may be subject to if the petition is denied. 
        (8) Service of order. After entering an order to 
    expunge or
seal records, the court must provide copies of 
    the order to the
    Department, in a form and manner 
    prescribed by the Department,
  to the petitioner, to the 
    State's Attorney or prosecutor
  charged with the duty of 
    prosecuting the offense, to the
  arresting agency, to the 
    chief legal officer of the unit of
  local government 
    effecting the arrest, and to such other
  criminal justice 
    agencies as may be ordered by the court.
        (9) Implementation of order.
            (A) Upon entry of an order to expunge records 
        pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both:
                (i) the records shall be expunged (as defined 
            in subsection (a)(1)(E)) by the arresting agency, 
            the Department, and any other agency as ordered by 
            the court, within 60 days of the date of service of 
            the order, unless a motion to vacate, modify, or 
            reconsider the order is filed pursuant to 
            paragraph (12) of subsection (d) of this Section;
                (ii) the records of the circuit court clerk 
            shall be impounded until further order of the court 
            upon good cause shown and the name of the 
            petitioner obliterated on the official index 
            required to be kept by the circuit court clerk 
            under Section 16 of the Clerks of Courts Act, but 
            the order shall not affect any index issued by the 
            circuit court clerk before the entry of the order; 
            and
                (iii) in response to an inquiry for expunged 
            records, the court, the Department, or the agency 
            receiving such inquiry, shall reply as it does in 
            response to inquiries when no records ever 
            existed.
            (B) Upon entry of an order to expunge records 
        pursuant to (b)(2)(B)(i) or (b)(2)(C), or both:
                (i) the records shall be expunged (as defined 
            in subsection (a)(1)(E)) by the arresting agency 
            and any other agency as ordered by the court, 
            within 60 days of the date of service of the order, 
            unless a motion to vacate, modify, or reconsider 
            the order is filed pursuant to paragraph (12) of 
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk 
            shall be impounded until further order of the court 
            upon good cause shown and the name of the 
            petitioner obliterated on the official index 
            required to be kept by the circuit court clerk 
            under Section 16 of the Clerks of Courts Act, but 
            the order shall not affect any index issued by the 
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the

            Department within 60 days of the date of service of 
            the order as ordered by the court, unless a motion 
            to vacate, modify, or reconsider the order is filed 
            pursuant to paragraph (12) of subsection (d) of 
            this Section;
                (iv)  records impounded by the Department may 
            be disseminated by the Department only as required 
            by law or to the arresting authority, the State's 
            Attorney, and the court upon a later arrest for the 
            same or a similar offense or for the purpose of 
            sentencing for any subsequent felony, and to the 
            Department of Corrections upon conviction for any 
            offense; and
                (v) in response to an inquiry for such records 
            from anyone not authorized by law to access such 
            records, the court, the Department, or the agency 
            receiving such inquiry shall reply as it does in 
            response to inquiries when no records ever 
            existed.
            (B-5)  Upon entry of an order to expunge records 
        under subsection (e-6):
                (i) the records shall be expunged (as defined 
            in subsection (a)(1)(E)) by the arresting agency 
            and any other agency as ordered by the court, 
            within 60 days of the date of service of the order, 
            unless a motion to vacate, modify, or reconsider 
            the order is filed under paragraph (12) of 
            subsection (d) of this Section;
                (ii) the records of the circuit court clerk 
            shall be impounded until further order of the court 
            upon good cause shown and the name of the 
            petitioner obliterated on the official index 
            required to be kept by the circuit court clerk 
            under Section 16 of the Clerks of Courts Act, but 
            the order shall not affect any index issued by the 
            circuit court clerk before the entry of the order;
                (iii) the records shall be impounded by the

            Department within 60 days of the date of service of 
            the order as ordered by the court, unless a motion 
            to vacate, modify, or reconsider the order is filed 
            under paragraph (12) of subsection (d) of this 
            Section;
                (iv)  records impounded by the Department may 
            be disseminated by the Department only as required 
            by law or to the arresting authority, the State's 
            Attorney, and the court upon a later arrest for the 
            same or a similar offense or for the purpose of 
            sentencing for any subsequent felony, and to the 
            Department of Corrections upon conviction for any 
            offense; and
                (v) in response to an inquiry for these records 
            from anyone not authorized by law to access the 
            records, the court, the Department, or the agency 
            receiving the inquiry shall reply as it does in 
            response to inquiries when no records ever 
            existed. 
            (C) Upon entry of an order to seal records under 
        subsection
(c), the arresting agency, any other agency 
        as ordered by the court, the Department, and the court 
        shall seal the records (as defined in subsection 
        (a)(1)(K)). In response to an inquiry for such records 
        from anyone not authorized by law to access such 
        records, the court, the Department, or the agency 
        receiving such inquiry shall reply as it does in 
        response to inquiries when no records ever existed.
            (D)  The Department shall send written notice to the 
        petitioner of its compliance with each order to expunge 
        or seal records within 60 days of the date of service 
        of that order or, if a motion to vacate, modify, or 
        reconsider is filed, within 60 days of service of the 
        order resolving the motion, if that order requires the 
        Department to expunge or seal records.  In the event of 
        an appeal from the circuit court order, the Department 
        shall send written notice to the petitioner of its 
        compliance with an Appellate Court or Supreme Court 
        judgment to expunge or seal records within 60 days of 
        the issuance of the court's mandate.  The notice is not 
        required while any motion to vacate, modify, or 
        reconsider, or any appeal or petition for 
        discretionary appellate review, is pending. 
        (10)  Fees.  The Department may charge the petitioner a 
    fee equivalent to the cost of processing any order to 
    expunge or seal records. Notwithstanding any provision of 
    the Clerks of Courts Act to the contrary, the circuit court 
    clerk may charge a fee equivalent to the cost associated 
    with the sealing or expungement of records by the circuit 
    court clerk. From the total filing fee collected for the 
    petition to seal or expunge, the circuit court clerk shall 
    deposit $10 into the Circuit Court Clerk Operation and 
    Administrative Fund, to be used to offset the costs 
    incurred by the circuit court clerk in performing the 
    additional duties required to serve the petition to seal or 
    expunge on all parties. The circuit court clerk shall 
    collect and forward the Department of State Police portion 
    of the fee to the Department and it shall be deposited in 
    the State Police Services Fund.
        (11) Final Order. No court order issued under the 
    expungement or sealing provisions of this Section shall 
    become final for purposes of appeal until 30 days after 
    service of the order on the petitioner and all parties 
    entitled to notice of the petition.
        (12) Motion to Vacate, Modify, or Reconsider. Under 
    Section 2-1203 of the Code of Civil Procedure, the 
    petitioner or any party entitled to notice may file a 
    motion to vacate, modify, or reconsider the order granting 
    or denying the petition to expunge or seal within 60 days 
    of service of the order. If filed more than 60 days after 
    service of the order, a petition to vacate, modify, or 
    reconsider shall comply with subsection (c) of Section 
    2-1401 of the Code of Civil Procedure. Upon filing of a 
    motion to vacate, modify, or reconsider, notice of the 
    motion shall be served upon the petitioner and all parties 
    entitled to notice of the petition. 
        (13) Effect of Order.  An order granting a petition 
    under the expungement or sealing provisions of this Section 
    shall not be considered void because it fails to comply 
    with the provisions of this Section or because of any error 
    asserted in a motion to vacate, modify, or reconsider.  The 
    circuit court retains jurisdiction to determine whether 
    the order is voidable and to vacate, modify, or reconsider 
    its terms based on a motion filed under paragraph (12) of 
    this subsection (d).
        (14) Compliance with Order Granting Petition to Seal 
    Records.  Unless a court has entered a stay of an order 
    granting a petition to seal, all parties entitled to notice 
    of the petition must fully comply with the terms of the 
    order within 60 days of service of the order even if a 
    party is seeking relief from the order through a motion 
    filed under paragraph (12) of this subsection (d) or is 
    appealing the order.
        (15) Compliance with Order Granting Petition to 
    Expunge Records.  While a party is seeking relief from the 
    order granting the petition to expunge through a motion 
    filed under paragraph (12) of this subsection (d) or is 
    appealing the order, and unless a court has entered a stay 
    of that order, the parties entitled to notice of the 
    petition must seal, but need not expunge, the records until 
    there is a final order on the motion for relief or, in the 
    case of an appeal, the issuance of that court's mandate.
        (16) The changes to this subsection (d) made by Public 
    Act 98-163 this amendatory Act of the 98th General Assembly 
    apply to all petitions pending on August 5, 2013 (the 
    effective date of Public Act 98-163) this amendatory Act of 
    the 98th General Assembly and to all orders ruling on a 
    petition to expunge or seal on or after August 5, 2013 (the 
    effective date of Public Act 98-163) this amendatory Act of 
    the 98th General Assembly. 
    (e) Whenever a person who has been convicted of an offense 
is granted
a pardon by the Governor which specifically 
authorizes expungement, he or she  may,
upon verified petition 
to the Chief Judge of the circuit where the person had
been 
convicted, any judge of the circuit designated by the Chief 
Judge, or in
counties of less than 3,000,000 inhabitants, the 
presiding trial judge at the
defendant's trial, have a court 
order entered expunging the record of
arrest from the official 
records of the arresting authority and order that the
records 
of the circuit court clerk and the Department be sealed until

further order of the court upon good cause shown or as 
otherwise provided
herein, and the name of the defendant 
obliterated from the official index
requested to be kept by the 
circuit court clerk under Section 16 of the Clerks
of Courts 
Act in connection with the arrest and conviction for the 
offense for
which he or she had been pardoned but the order 
shall not affect any index issued by
the circuit court clerk 
before the entry of the order.  All records sealed by
the 
Department may be disseminated by the Department only to the 
arresting authority, the State's Attorney, and the court upon a 
later
arrest for the same or similar offense or for the purpose 
of sentencing for any
subsequent felony.  Upon conviction for 
any subsequent offense, the Department
of Corrections shall 
have access to all sealed records of the Department
pertaining 
to that individual.  Upon entry of the order of expungement, the

circuit court clerk shall promptly mail a copy of the order to 
the
person who was pardoned.
    (e-5) Whenever a person who has been convicted of an 
offense is granted a certificate of eligibility for sealing by 
the Prisoner Review Board which specifically authorizes 
sealing, he or she may, upon verified petition to the Chief 
Judge of the circuit where the person had been convicted, any 
judge of the circuit designated by the Chief Judge, or in 
counties of less than 3,000,000 inhabitants, the presiding 
trial judge at the petitioner's trial, have a court order 
entered sealing the record of arrest from the official records 
of the arresting authority and order that the records of the 
circuit court clerk and the Department be sealed until further 
order of the court upon good cause shown or as otherwise 
provided herein, and the name of the petitioner obliterated 
from the official index requested to be kept by the circuit 
court clerk under Section 16 of the Clerks of Courts Act in 
connection with the arrest and conviction for the offense for 
which he or she had been granted the certificate but the order 
shall not affect any index issued by the circuit court clerk 
before the entry of the order. All records sealed by the 
Department may be disseminated by the Department only as 
required by this Act or to the arresting authority, a law 
enforcement agency, the State's Attorney, and the court upon a 
later arrest for the same or similar offense or for the purpose 
of sentencing for any subsequent felony. Upon conviction for 
any subsequent offense, the Department of Corrections shall 
have access to all sealed records of the Department pertaining 
to that individual. Upon entry of the order of sealing, the 
circuit court clerk shall promptly mail a copy of the order to 
the person who was granted the certificate of eligibility for 
sealing. 
    (e-6) Whenever a person who has been convicted of an 
offense is granted a certificate of eligibility for expungement 
by the Prisoner Review Board which specifically authorizes 
expungement, he or she may, upon verified petition to the Chief 
Judge of the circuit where the person had been convicted, any 
judge of the circuit designated by the Chief Judge, or in 
counties of less than 3,000,000 inhabitants, the presiding 
trial judge at the petitioner's trial, have a court order 
entered expunging the record of arrest from the official 
records of the arresting authority and order that the records 
of the circuit court clerk and the Department be sealed until 
further order of the court upon good cause shown or as 
otherwise provided herein, and the name of the petitioner 
obliterated from the official index requested to be kept by the 
circuit court clerk under Section 16 of the Clerks of Courts 
Act in connection with the arrest and conviction for the 
offense for which he or she had been granted the certificate 
but the order shall not affect any index issued by the circuit 
court clerk before the entry of the order. All records sealed 
by the Department may be disseminated by the Department only as 
required by this Act or to the arresting authority, a law 
enforcement agency, the State's Attorney, and the court upon a 
later arrest for the same or similar offense or for the purpose 
of sentencing for any subsequent felony. Upon conviction for 
any subsequent offense, the Department of Corrections shall 
have access to all expunged records of the Department 
pertaining to that individual. Upon entry of the order of 
expungement, the circuit court clerk shall promptly mail a copy 
of the order to the person who was granted the certificate of 
eligibility for expungement. 
    (f) Subject to available funding, the Illinois Department

of Corrections shall conduct a study of the impact of sealing,

especially on employment and recidivism rates, utilizing a

random sample of those who apply for the sealing of their

criminal records under Public Act 93-211. At the request of the

Illinois Department of Corrections, records of the Illinois

Department of Employment Security shall be utilized as

appropriate to assist in the study. The study shall not

disclose any data in a manner that would allow the

identification of any particular individual or employing unit.

The study shall be made available to the General Assembly no

later than September 1, 2010.

(Source: P.A. 97-443, eff. 8-19-11; 97-698, eff. 1-1-13; 
97-1026, eff. 1-1-13; 97-1108, eff. 1-1-13; 97-1109, eff. 
1-1-13; 97-1118, eff. 1-1-13; 97-1120, eff. 1-1-13; 97-1150, 
eff. 1-25-13; 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, 
eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; revised 
9-4-13.)
  
 
    Section 15. The Juvenile Court Act of 1987 is amended  by 
changing Section 5-915 as follows:
 


    (705 ILCS 405/5-915)


    Sec. 5-915. Expungement of juvenile law enforcement and 
court records. 

    (0.05)  For purposes of this Section and Section 5-622:
        "Expunge" means to physically destroy the records and 
    to obliterate the minor's name from any official index or 
    public record, or both. Nothing in this Act shall require 
    the physical destruction of the internal office records, 
    files, or databases maintained by a State's Attorney's 
    Office or other prosecutor.
        "Law enforcement record" includes but is not limited to 
    records of arrest, station adjustments, fingerprints, 
    probation adjustments, the issuance of a notice to appear, 
    or any other records maintained by a law enforcement agency 
    relating to a minor suspected of committing an offense. 
    (1) Whenever any person has attained the age of 18 or 
whenever all juvenile
court proceedings relating to that person 
have been terminated, whichever is
later, the person may 
petition the court to expunge law enforcement records
relating 
to incidents occurring before his or her 18th birthday or his 
or her
juvenile court
records, or both, but only in the 
following circumstances:


        (a) the minor was arrested and no petition for 
    delinquency was filed with
the clerk of the circuit court; 
    or


        (b) the minor was charged with an offense and was found 
    not delinquent of
that offense; or


        (c) the minor was placed under supervision pursuant to 
    Section 5-615, and
the order of
supervision has since been 
    successfully terminated; or


        (d)
the minor was adjudicated for an offense which 
    would be a Class B
misdemeanor, Class C misdemeanor, or a 
    petty or business offense if committed by an adult.

    (1.5)  Commencing 180 days after the effective date of this 
amendatory Act of the 98th General Assembly, the Department of 
State Police shall automatically expunge, on or before January 
1 of each year, a person's law enforcement records relating to 
incidents occurring before his or her 18th birthday in the 
Department's  possession or control and which contains the final 
disposition which pertain to the person when arrested as a 
minor if:

        (a) the minor was arrested for an eligible offense and 
    no petition for delinquency was filed with the clerk of the 
    circuit court; and
        (b) the person attained the age of 18 years during the 
    last calendar year; and 
        (c) since the date of the minor's most recent arrest, 
    at least 6 months have elapsed without an additional 
    arrest, filing of a petition for delinquency whether 
    related or not to a previous arrest, or filing of charges 
    not initiated by arrest.
    The Department of State Police shall allow a person to use 
the Access and Review process, established in the Department of 
State Police, for verifying that his or her law enforcement 
records relating to incidents occurring before his or her 18th 
birthday eligible under this subsection have been expunged as 
provided in this subsection. 
    The Department of State Police shall provide by rule the 
process for access, review, and automatic expungement. 
    (1.6) Commencing on the effective date of this amendatory 
Act of the 98th General Assembly, a person whose law 
enforcement records are not subject to subsection (1.5) of this 
Section and who has attained the age of 18 years may use the 
Access and Review process, established in the Department of 
State Police, for verifying his or her law enforcement records 
relating to incidents occurring before his or her 18th birthday 
in the Department's  possession or control which pertain to the 
person when arrested as a minor, if the incident occurred no 
earlier than 30 years before the effective date of this 
amendatory Act of the 98th General Assembly. If the person 
identifies a law enforcement record of an eligible offense that 
meets the requirements of this subsection, paragraphs (a) and 
(c) of subsection (1.5) of this Section, and all juvenile court 
proceedings related to the person have been terminated, the 
person may file a Request for Expungement of Juvenile Law 
Enforcement Records, in the form and manner prescribed by the 
Department of State Police, with the Department and the 
Department shall consider expungement of the record as 
otherwise provided for automatic expungement under subsection 
(1.5) of this Section. The person shall provide notice and a 
copy of the Request for Expungement of Juvenile Law Enforcement 
Records to the arresting agency, prosecutor charged with the 
prosecution of the minor, or the State's Attorney of the county 
that prosecuted the minor. The Department of State Police shall 
provide by rule the process for access, review, and Request for 
Expungement of Juvenile Law Enforcement Records. 
    (1.7)  Nothing in subsections (1.5) and (1.6) of this 
Section precludes a person from filing a petition under 
subsection (1) for expungement of records subject to automatic 
expungement under subsection (1.5) or (1.6) of this Section.
    (1.8)  For the purposes of subsections (1.5) and (1.6) of 
this Section, "eligible offense" means records relating to an 
arrest or incident  occurring before the person's 18th birthday 
that if committed by an adult is not an offense classified as a 
Class 2 felony or higher offense, an offense under Article 11 
of the Criminal Code of 1961 or the Criminal Code of 2012, or 
an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 
of the Criminal Code of 1961. 
    (2) Any person may petition the court to expunge all law 
enforcement records
relating to any
incidents occurring before 
his or her 18th birthday which did not result in
proceedings in 
criminal court and all juvenile court records with respect to

any adjudications except those based upon first degree
murder 
and
sex offenses which would be felonies if committed by an 
adult, if the person
for whom expungement is sought has had no

convictions for any crime since his or her 18th birthday and:


        (a) has attained the age of 21 years; or


        (b) 5 years have elapsed since all juvenile court 
    proceedings relating to
him or her have been terminated or 
    his or her commitment to the Department of
Juvenile Justice


    pursuant to this Act has been terminated;

whichever is later of (a) or (b). Nothing in this Section 5-915 
precludes a minor from obtaining expungement under Section 
5-622. 
    (2.5) If a minor is arrested and no petition for 
delinquency is filed with the clerk of the circuit court as 
provided in paragraph (a) of subsection (1) at the time the 
minor is released from custody, the youth officer, if 
applicable, or other designated person from the arresting 
agency, shall notify verbally and in writing to the minor or 
the minor's parents or guardians that if the State's Attorney 
does not file a petition for delinquency, the minor has a right 
to petition to have his or her arrest record expunged when the 
minor attains the age of 18 or when all juvenile court 
proceedings relating to that minor have been terminated and 
that unless a petition to expunge is filed, the minor shall 
have an arrest record and shall provide the minor and the 
minor's parents or guardians with an expungement information 
packet, including a petition to expunge juvenile records 
obtained from the clerk of the circuit court.
    (2.6) If a minor is charged with an offense and is found 
not delinquent of that offense; or if a minor is placed under 
supervision under Section 5-615, and the order of supervision 
is successfully terminated; or  if a minor is adjudicated for an 
offense that would be a Class B misdemeanor, a Class C 
misdemeanor, or a business or petty offense if committed by an 
adult; or if a minor has incidents occurring before his or her 
18th birthday that have not resulted in proceedings in criminal 
court, or resulted in proceedings in juvenile court, and the 
adjudications were not based upon first degree murder or sex 
offenses that would be felonies if committed by an adult; then 
at the time of sentencing or dismissal of the case, the judge 
shall inform the delinquent minor of his or her right to 
petition for expungement as provided by law, and the clerk of 
the circuit court shall provide an expungement information 
packet to the delinquent minor, written in plain language, 
including a petition for expungement, a sample of a completed 
petition, expungement instructions that shall include 
information informing the minor that (i) once the case is 
expunged, it shall be treated as if it never occurred, (ii) he 
or she may apply to have petition fees waived, (iii) once he or 
she obtains an expungement, he or she may not be required to 
disclose that he or she had a juvenile record, and (iv) he or 
she may file the petition on his or her own or with the 
assistance of an attorney. The failure of the judge to inform 
the delinquent minor of his or her right to petition for 
expungement as provided by law does not create a substantive 
right, nor is that failure grounds for: (i) a reversal of an 
adjudication of delinquency, (ii) a new trial; or (iii) an 
appeal.
    (2.7) For counties with a population over 3,000,000, the 
clerk of the circuit court shall send a "Notification of a 
Possible Right to Expungement" post card to the minor at the 
address last received by the clerk of the circuit court on the 
date that the minor attains the age of 18 based on the 
birthdate provided to the court by the minor or his or her 
guardian in cases under paragraphs (b), (c),  and (d) of 
subsection (1); and when the minor attains the age of 21 based 
on the birthdate provided to the court by the minor or his or 
her guardian in cases under subsection (2).
    (2.8) The petition for expungement for subsection (1)  may 
include multiple offenses on the same petition and shall be 
substantially in the following form:
IN THE CIRCUIT COURT OF ......, ILLINOIS
 

........ JUDICIAL CIRCUIT


 
IN THE INTEREST OF )    NO.

                   )

                   )

...................)

(Name of Petitioner)
 
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 1))
(Please prepare a separate petition for each offense)
Now comes ............., petitioner, and respectfully requests

that this Honorable Court enter an order expunging all juvenile 
law enforcement and court records of petitioner and in support 
thereof states that:
Petitioner has attained the age of 18, 
his/her birth date being ......, or all
Juvenile Court 
proceedings terminated as of ......, whichever occurred later.


Petitioner was arrested on ..... by the ....... Police 
Department for the offense or offenses of ......., and:

(Check All That Apply One:)

( ) a. no petition or petitions were was filed with the Clerk 
of the Circuit Court.
( ) b. was charged with ...... and was found not delinquent
        of 
the offense or offenses.
( ) c. a petition or petitions were was filed and the petition 
or petitions were was dismissed without a finding of 
delinquency on .....
( ) d. on ....... placed under supervision pursuant to Section 
5-615 of the Juvenile Court Act of 1987 and such order of 
supervision successfully terminated on ........
( ) e. was adjudicated for the offense or offenses, which would 
have been a Class B misdemeanor, a Class C misdemeanor, or a 
petty offense or business offense if committed by an adult.

Petitioner .... has  .... has not  been arrested on charges in 
this or any county other than the charges listed above.  If 
petitioner has been arrested on additional charges, please list 
the charges below:

Charge(s): ......
Arresting Agency or Agencies: ...........
Disposition/Result: (choose from a. through e., above): .....

WHEREFORE, the petitioner respectfully requests this Honorable 
Court to (1) order all law enforcement agencies to expunge all 
records of petitioner to this incident or incidents, and (2) to 
order the Clerk of the Court to expunge all records concerning 
the petitioner regarding this incident or incidents.
 
......................

Petitioner (Signature)



 
..........................



Petitioner's Street Address

 
.....................



City, State, Zip Code

 
.............................
Petitioner's Telephone Number

 
Pursuant to the penalties of perjury under the Code of Civil 
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
statements in this petition are true and correct, or on 
information and belief I believe the same to be true.
 
......................
Petitioner (Signature)

The Petition for Expungement for subsection (2) shall be 
substantially in the following form:
 
IN THE CIRCUIT COURT OF ........, ILLINOIS
........ JUDICIAL CIRCUIT

 
IN THE INTEREST OF )    NO.

                   )

                   )

...................)

(Name of Petitioner)
 
PETITION TO EXPUNGE JUVENILE RECORDS
 

(705 ILCS 405/5-915 (SUBSECTION 2))

(Please prepare a separate petition for each offense)

Now comes ............, petitioner, and respectfully requests 
that this Honorable Court enter an order expunging all Juvenile 
Law Enforcement and Court records of petitioner and in support 
thereof states that:
The incident for which the Petitioner seeks expungement 
occurred before the Petitioner's 18th birthday and did not 
result in proceedings in criminal court and the Petitioner has 
not had any convictions for any crime since his/her 18th 
birthday; and

The incident for which the Petitioner seeks expungement 
occurred before the Petitioner's 18th birthday and the 
adjudication was not based upon first-degree murder or sex 
offenses which would be felonies if committed by an adult, and 
the Petitioner has not had any convictions for any crime since 
his/her 18th birthday.
Petitioner was arrested on ...... by the ....... Police 
Department for the offense of ........, and:
(Check whichever one occurred the latest:)
( ) a. The Petitioner has attained the age of 21 years, his/her 
birthday being .......; or
( ) b. 5 years have elapsed since all juvenile court 
proceedings relating to the Petitioner have been terminated; or 
the Petitioner's commitment to the Department of Juvenile 
Justice
 pursuant to the expungement of juvenile law enforcement 
and  court records provisions of the Juvenile Court Act of 1987 
has been terminated.

Petitioner ...has ...has not been arrested 
on charges in this or any other county other than the charge 
listed above.  If petitioner has been arrested on additional 
charges, please list the charges below:
Charge(s):  ..........
Arresting Agency or Agencies: .......
Disposition/Result: (choose from a or b, above): ..........
WHEREFORE, the petitioner respectfully requests this Honorable 
Court to (1) order all law enforcement agencies to expunge all 
records of petitioner related to this incident, and (2) to 
order the Clerk of the Court to expunge all records concerning 
the petitioner regarding this incident.
 
.......................

Petitioner (Signature)

 
......................
Petitioner's Street Address

 


.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number

 

Pursuant to the penalties of perjury under the Code of Civil 
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
statements in this petition are true and correct, or on 
information and belief I believe the same to be true.
......................
Petitioner (Signature)

    (3) The chief judge of the circuit in which an arrest was 
made or a charge
was brought or any
judge of that circuit 
designated by the chief judge
may, upon verified petition
of a 
person who is the subject of an arrest or a juvenile court 
proceeding
under subsection (1) or (2) of this Section, order 
the law enforcement
records or official court file, or both, to 
be expunged from the official
records of the arresting 
authority, the clerk of the circuit court and the
Department of 
State Police. The person whose records are to be expunged shall 
petition the court using the appropriate form containing his or 
her current address and shall promptly notify the clerk of the 
circuit court of any change of address.  Notice

of the petition 
shall be served upon the State's Attorney or prosecutor charged 
with the duty of prosecuting the offense, the Department of 
State Police, and the arresting agency or agencies by the clerk 
of the circuit court.  If an objection is filed within 45

days 
of the notice of the petition, the clerk of the circuit court 
shall set a date for hearing after the 45
 day objection period.  
At the hearing the court shall hear evidence on whether the 
expungement should or should not be granted.  Unless the State's 
Attorney or prosecutor, the Department of State Police, or an 
arresting agency objects to the expungement within 45
 days of 
the notice, the court may enter an order granting expungement.  
The person whose records are to be expunged shall pay the clerk 
of the circuit court a fee equivalent to the cost associated 
with expungement of records by the clerk and the Department of 
State Police.  The clerk shall forward a certified copy of the 
order to the Department of State Police, the appropriate 
portion of the fee to the Department of State Police for 
processing, and deliver a certified copy of the order to the 
arresting agency.

    (3.1) The Notice of Expungement shall be in substantially 
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS

.... JUDICIAL CIRCUIT


 
IN THE INTEREST OF )    NO.

                   )

                   )

...................)

(Name of Petitioner)
 
NOTICE

TO:  State's Attorney

TO:  Arresting Agency



................

................



................

................

TO:  Illinois State Police



.....................



.....................


ATTENTION: Expungement

You are hereby notified that on ....., at ....., in courtroom 
..., located at ..., before the Honorable ..., Judge, or any 
judge sitting in his/her stead, I shall then and there present 
a Petition to Expunge Juvenile records in the above-entitled 
matter, at which time and place you may appear.
......................
Petitioner's Signature
...........................

Petitioner's Street Address
.....................


City, State, Zip Code
.............................
Petitioner's Telephone Number
PROOF OF SERVICE

On the ....... day of ......, 20..., I on oath state that I 
served this notice and true and correct copies of the 
above-checked documents by:
(Check One:)
delivering copies personally to each entity to whom they are 
directed;
or
by mailing copies to each entity to whom they are directed by 
depositing the same in the U.S. Mail, proper postage fully 
prepaid, before the hour of 5:00 p.m., at the United States 
Postal Depository located at .................
.........................................




Signature
Clerk of the Circuit Court or Deputy Clerk
Printed Name of Delinquent Minor/Petitioner: ....
Address: ........................................
Telephone Number: ...............................
    (3.2) The Order of Expungement shall be in substantially 
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS

.... JUDICIAL CIRCUIT


 
IN THE INTEREST OF )    NO.

                   )

                   )

...................)

(Name of Petitioner)
 

DOB ................
Arresting Agency/Agencies ......
ORDER OF EXPUNGEMENT

(705 ILCS 405/5-915 (SUBSECTION 3))



This matter having been heard on the petitioner's motion and 
the court being fully advised in the premises does find that 
the petitioner is indigent or has presented reasonable cause to 
waive all costs in this matter, IT IS HEREBY ORDERED that:
    ( ) 1. Clerk of Court and Department of State Police costs 
are hereby waived in this matter.
    ( ) 2. The Illinois State Police Bureau of Identification 
and the following law enforcement agencies expunge all records 
of petitioner relating to an arrest dated ...... for the 
offense of ......
Law Enforcement Agencies:

.........................

.........................

    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit 
Court expunge all records regarding the above-captioned case.
ENTER: ......................



JUDGE
DATED: .......
Name:

Attorney for:

Address:
City/State/Zip:

Attorney Number:
    (3.3) The Notice of Objection shall be in substantially the 
following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS

....................... JUDICIAL CIRCUIT


 
IN THE INTEREST OF )    NO.

                   )

                   )

...................)

(Name of Petitioner)
 
NOTICE OF OBJECTION

TO:(Attorney, Public Defender, Minor)

.................................

.................................

TO:(Illinois State Police)

.................................

.................................
TO:(Clerk of the Court)

.................................

.................................

TO:(Judge)

.................................

.................................

TO:(Arresting Agency/Agencies)

.................................

.................................
ATTENTION:

You are hereby notified that an objection has been 
filed by the following entity regarding the above-named minor's 
petition for expungement of juvenile records:
( ) State's Attorney's Office;

( ) Prosecutor (other than State's Attorney's Office) charged 
with the duty of prosecuting the               offense sought to be expunged;

( ) Department of Illinois State Police; or

( ) Arresting Agency or Agencies.

The agency checked above respectfully requests that this case 
be continued and set for hearing on whether the expungement 
should or should not be granted.

DATED: .......
Name:
Attorney For:

Address:
City/State/Zip:

Telephone:

Attorney No.: 

FOR USE BY CLERK OF THE COURT PERSONNEL ONLY



This matter has been set for hearing on the foregoing 
objection, on ...... in room ...., located at ....., before the 
Honorable ....., Judge, or any judge sitting in his/her stead.
 
(Only one hearing shall be set, regardless of the number of 
Notices of Objection received on the same case).

A copy of this completed Notice of Objection containing the 
court date, time, and location, has been sent via regular U.S. 
Mail to the following entities.  (If more than one Notice of 
Objection is received on the same case, each one must be 
completed with the court date, time and location and mailed to 
the following entities):

( ) Attorney, Public Defender or Minor;

( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged 
with the duty of prosecuting the     offense sought to be expunged;
( ) Department of Illinois State Police; and
( ) Arresting agency or agencies.

Date: ......
Initials of Clerk completing this section: .....


    (4) Upon entry of an order expunging records or files, the 
offense, which
the records or files concern shall be treated as 
if it never occurred. Law
enforcement officers and other public 
offices and agencies shall properly reply
on inquiry that no 
record or file exists with respect to the
person. 

    (5) Records which have not been expunged are sealed, and 
may be obtained
only under the provisions of Sections 5-901, 
5-905 and 5-915.

    (6) Nothing in this Section shall be construed to prohibit 
the maintenance
of information relating to an offense after 
records or files concerning the
offense have been expunged if 
the information is kept in a manner that does not
enable 
identification of the offender.  This information may only be 
used for
statistical and bona fide research purposes.
    (6.5)   The Department of  State Police or any employee of the 
Department shall be immune from civil or criminal liability for 
failure to expunge any records of arrest that are subject to 
expungement under subsection (1.5) or (1.6) of this Section 
because of inability to verify a record.  Nothing in subsection 
(1.5) or (1.6) of this Section shall create Department of State 
Police liability or responsibility for the expungement of law 
enforcement records it does not possess. 
    (7)(a) The State Appellate Defender shall establish, 
maintain, and carry out, by December 31, 2004,  a juvenile 
expungement program
to provide information and assistance to 
minors eligible to have their juvenile records expunged.

    (b) The State Appellate Defender shall develop brochures, 
pamphlets, and
other
materials in
printed form and through the 
agency's World Wide Web site.  The pamphlets and
other materials 
shall
include at a minimum the following information:


        (i) An explanation of the State's juvenile expungement 
    process;
        (ii) The circumstances under which juvenile 
    expungement may occur;
        (iii) The juvenile offenses that may be expunged;
        (iv) The steps necessary to initiate and complete the 
    juvenile expungement process;
and
        (v) Directions on how to contact the State Appellate 
    Defender.
    (c) The State Appellate Defender shall establish and 
maintain a statewide
toll-free telephone
number that a person 
may use to receive information or assistance concerning
the 
expungement of juvenile records. The State Appellate
Defender 
shall advertise
the toll-free telephone number statewide. The 
State Appellate Defender shall
develop an expungement

information packet that may be sent to eligible persons seeking 
expungement of
their juvenile records,
which may include, but 
is not limited to, a pre-printed expungement petition
with 
instructions on how
to complete the petition and a pamphlet 
containing information that would
assist individuals through

the juvenile expungement process.
    (d) The State Appellate Defender shall compile a statewide 
list of volunteer
attorneys willing
to assist eligible 
individuals through the juvenile expungement process.
    (e) This Section shall be implemented from funds 
appropriated by the General
Assembly to the State
Appellate 
Defender
for this purpose. The State Appellate Defender shall 
employ the necessary staff
and adopt the
necessary rules for 
implementation of this Section.
    (8)(a) Except with respect to law enforcement agencies, the 
Department of Corrections, State's Attorneys, or other 
prosecutors, an expunged juvenile record may not be considered 
by any private or public entity in employment matters, 
certification, licensing, revocation of certification or 
licensure, or registration.  Applications for employment must 
contain specific language that states that the applicant is not 
obligated to disclose expunged juvenile records of conviction 
or arrest.  Employers may not ask  if an applicant has had a 
juvenile record expunged.  Effective January 1, 2005, the 
Department of Labor shall develop a link on the Department's 
website to inform employers that employers may not ask if an 
applicant had a juvenile record expunged and that application 
for employment must contain specific language that states that 
the applicant is not obligated to disclose expunged juvenile 
records of arrest or conviction.
    (b) A person whose juvenile records have been expunged is 
not entitled to remission of any fines, costs, or other money 
paid as a consequence of expungement.  This amendatory Act of 
the 93rd General Assembly does not affect the right of the 
victim of a crime to prosecute or defend a civil action for 
damages.

    (c)  The expungement of juvenile records under Section 5-622 
shall be funded by the additional fine imposed under Section 
5-9-1.17 of the Unified Code of Corrections and additional 
appropriations made by the General Assembly for such purpose. 
    (9) The changes made to this Section by Public Act 98-61 
this amendatory Act of the 98th General Assembly apply to law 
enforcement records of  a minor who has been arrested or taken 
into custody on or after January 1, 2014 (the effective date of 
Public Act 98-61) this amendatory Act. 
    (10) The changes made in subsection (1.5) of this Section 
by this amendatory Act of the 98th General Assembly apply to 
law enforcement records of a minor who has been arrested or 
taken into custody on or after January 1, 2015. The changes  
made in subsection (1.6) of this Section by this amendatory Act 
of the 98th General Assembly apply to law enforcement records 
of a minor who has been arrested or taken into custody before 
January 1, 2015. 
(Source: P.A. 98-61, eff. 1-1-14; revised 3-27-14.)