|
without an additional subsequent arrest or filing of a |
petition for delinquency or criminal charges whether |
related or not to the arrest or law enforcement |
interaction documented in the records. |
(b) If the law enforcement agency is unable to verify |
satisfaction of conditions (2) and (3) of this subsection |
(0.1), records that satisfy condition (1) of this subsection |
(0.1) shall be automatically expunged if the records relate to |
an offense that if committed by an adult would not be an |
offense classified as a Class 2 felony or higher, an offense |
under Article 11 of the Criminal Code of 1961 or 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. |
(c) If the juvenile law enforcement record was received |
through a public submission to a statewide student |
confidential reporting system administered by the Illinois |
State Police, the record will be maintained for a period of 5 |
years according to all other provisions in this subsection |
(0.1). |
(0.15) If a juvenile law enforcement record meets |
paragraph (a) of subsection (0.1) of this Section, a juvenile |
law enforcement record created: |
(1) prior to January 1, 2018, but on or after January |
1, 2013 shall be automatically expunged prior to January |
1, 2020; |
(2) prior to January 1, 2013, but on or after January |
|
1, 2000, shall be automatically expunged prior to January |
1, 2023; and |
(3) prior to January 1, 2000 shall not be subject to |
the automatic expungement provisions of this Act. |
Nothing in this subsection (0.15) shall be construed to |
restrict or modify an individual's right to have the person's |
juvenile law enforcement records expunged except as otherwise |
may be provided in this Act. |
(0.2)(a) Upon dismissal of a petition alleging delinquency |
or upon a finding of not delinquent, the successful |
termination of an order of supervision, or the successful |
termination of an adjudication for an offense which would be a |
Class B misdemeanor, Class C misdemeanor, or a petty or |
business offense if committed by an adult, the court shall |
automatically order the expungement of the juvenile court |
records and juvenile law enforcement records. The clerk shall |
deliver a certified copy of the expungement order to the |
Illinois State Police and the arresting agency. Upon request, |
the State's Attorney shall furnish the name of the arresting |
agency. The expungement shall be completed within 60 business |
days after the receipt of the expungement order. |
(b) If the chief law enforcement officer of the agency, or |
the chief law enforcement officer's designee, certifies in |
writing that certain information is needed for a pending |
investigation involving the commission of a felony, that |
information, and information identifying the juvenile, may be |
|
retained until the statute of limitations for the felony has |
run. If the chief law enforcement officer of the agency, or the |
chief law enforcement officer's designee, certifies in writing |
that certain information is needed with respect to an internal |
investigation of any law enforcement office, that information |
and information identifying the juvenile may be retained |
within an intelligence file until the investigation is |
terminated or the disciplinary action, including appeals, has |
been completed, whichever is later. Retention of a portion of |
a juvenile's law enforcement record does not disqualify the |
remainder of a juvenile's record from immediate automatic |
expungement. |
(0.3)(a) Upon an adjudication of delinquency based on any |
offense except a disqualified offense, the juvenile court |
shall automatically order the expungement of the juvenile |
court and law enforcement records 2 years after the juvenile's |
case was closed if no delinquency or criminal proceeding is |
pending and the person has had no subsequent delinquency |
adjudication or criminal conviction. The clerk shall deliver a |
certified copy of the expungement order to the Illinois State |
Police and the arresting agency. Upon request, the State's |
Attorney shall furnish the name of the arresting agency. The |
expungement shall be completed within 60 business days after |
the receipt of the expungement order. In this subsection |
(0.3), "disqualified offense" means any of the following |
offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, |
|
10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, |
11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, |
12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, |
12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, |
18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, |
24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, |
31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or |
subsection (b) of Section 8-1, paragraph (4) of subsection (a) |
of Section 11-14.4, subsection (a-5) of Section 12-3.1, |
paragraph (1), (2), or (3) of subsection (a) of Section 12-6, |
subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or |
(2) of subsection (a) of Section 12-7.4, subparagraph (i) of |
paragraph (1) of subsection (a) of Section 12-9, subparagraph |
(H) of paragraph (3) of subsection (a) of Section 24-1.6, |
paragraph (1) of subsection (a) of Section 25-1, or subsection |
(a-7) of Section 31-1 of the Criminal Code of 2012. |
(b) If the chief law enforcement officer of the agency, or |
the chief law enforcement officer's designee, certifies in |
writing that certain information is needed for a pending |
investigation involving the commission of a felony, that |
information, and information identifying the juvenile, may be |
retained in an intelligence file until the investigation is |
terminated or for one additional year, whichever is sooner. |
Retention of a portion of a juvenile's juvenile law |
enforcement record does not disqualify the remainder of a |
juvenile's record from immediate automatic expungement. |
|
(0.4) Automatic expungement for the purposes of this |
Section shall not require law enforcement agencies to |
obliterate or otherwise destroy juvenile law enforcement |
records that would otherwise need to be automatically expunged |
under this Act, except after 2 years following the subject |
arrest for purposes of use in civil litigation against a |
governmental entity or its law enforcement agency or personnel |
which created, maintained, or used the records. However, these |
juvenile law enforcement records shall be considered expunged |
for all other purposes during this period and the offense, |
which the records or files concern, shall be treated as if it |
never occurred as required under Section 5-923. |
(0.5) Subsection (0.1) or (0.2) of this Section does not |
apply to violations of traffic, boating, fish and game laws, |
or county or municipal ordinances. |
(0.6) Juvenile law enforcement records of a plaintiff who |
has filed civil litigation against the governmental entity or |
its law enforcement agency or personnel that created, |
maintained, or used the records, or juvenile law enforcement |
records that contain information related to the allegations |
set forth in the civil litigation may not be expunged until |
after 2 years have elapsed after the conclusion of the |
lawsuit, including any appeal. |
(0.7) Officer-worn body camera recordings shall not be |
automatically expunged except as otherwise authorized by the |
Law Enforcement Officer-Worn Body Camera Act. |
|
(1) Whenever a person has been arrested, charged, or |
adjudicated delinquent for an incident occurring before a |
person's 18th birthday that if committed by an adult would be |
an offense, and that person's juvenile law enforcement and |
juvenile court records are not eligible for automatic |
expungement under subsection (0.1), (0.2), or (0.3), the |
person may petition the court at any time at no cost to the |
person for expungement of juvenile law enforcement records and |
juvenile court records relating to the incident and, upon |
termination of all juvenile court proceedings relating to that |
incident, the court shall order the expungement of all records |
in the possession of the Illinois State Police, the clerk of |
the circuit court, and law enforcement agencies relating to |
the incident, but only in any of the following circumstances: |
(a) the minor was arrested and no petition for |
delinquency was filed with the clerk of the circuit court; |
(a-5) the minor was charged with an offense and the |
petition or petitions were dismissed without a finding of |
delinquency; |
(b) the minor was charged with an offense and was |
found not delinquent of that offense; |
(c) the minor was placed under supervision under |
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) At no cost to the person, the Illinois State Police |
shall allow a person to use the Access and Review process, |
established in the Illinois State Police, for verifying that |
the person's juvenile law enforcement records relating to |
incidents occurring before the person's 18th birthday eligible |
under this Act have been expunged. |
(1.6) (Blank). |
(1.7) (Blank). |
(1.8) (Blank). |
(2) Any person whose delinquency adjudications are not |
eligible for automatic expungement under subsection (0.3) of |
this Section may petition the court at no cost to the person to |
expunge all juvenile law enforcement records relating to any |
incidents occurring before the person's 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 or an offense |
under Article 11 of the Criminal Code of 2012 if the person is |
required to register under the Sex Offender Registration Act |
at the time the person petitions the court for expungement; |
provided that 2 years have elapsed since all juvenile court |
proceedings relating to the person have been terminated and |
the person's commitment to the Department of Juvenile Justice |
under this Act has been terminated. |
(2.5) If a minor is arrested and no petition for |
|
delinquency is filed with the clerk of the circuit court 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 the minor shall have an |
arrest record and shall provide the minor and the minor's |
parents or guardians with an expungement information packet, |
information regarding this State's expungement laws including |
a petition to expunge juvenile law enforcement and juvenile |
court records obtained from the clerk of the circuit court. |
(2.6) If a minor is referred to court, then, at the time of |
sentencing, dismissal of the case, or successful completion of |
supervision, the judge shall inform the delinquent minor of |
the minor's rights regarding expungement and the clerk of the |
circuit court shall provide an expungement information packet |
to the minor, written in plain language, including information |
regarding this State's expungement laws and 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) the minor shall not be charged a |
fee to petition for expungement, (iii) once the minor obtains |
an expungement, the minor may not be required to disclose that |
the minor had a juvenile law enforcement or juvenile court |
record, and (iv) if petitioning the minor may file the |
petition on the minor's own or with the assistance of an |
|
attorney. The failure of the judge to inform the delinquent |
minor of the minor's 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. |
(2.6-1) A trafficking victim, as defined by paragraph (10) |
of subsection (a) of Section 10-9 of the Criminal Code of 2012, |
may petition for vacation and expungement or immediate sealing |
of his or her juvenile court records and juvenile law |
enforcement records relating to events that resulted in the |
victim's adjudication of delinquency for an offense if |
committed by an adult would be a violation of the criminal laws |
occurring before the victim's 18th birthday upon the |
completion of his or her juvenile court sentence if his or her |
participation in the underlying offense was a result of human |
trafficking under Section 10-9 of the Criminal Code of 2012 or |
a severe form of trafficking under the federal Trafficking |
Victims Protection Act. |
(2.7) (Blank). |
(2.8) (Blank). |
(3) (Blank). |
(3.1) (Blank). |
(3.2) (Blank). |
(3.3) (Blank). |
(4) (Blank). |
(5) (Blank). |
|
(5.5) Whether or not expunged, records eligible for |
automatic expungement under subdivision (0.1)(a), (0.2)(a), or |
(0.3)(a) may be treated as expunged by the individual subject |
to the records. |
(6) (Blank). |
(6.5) The Illinois State Police or any employee of the |
Illinois State Police shall be immune from civil or criminal |
liability for failure to expunge any records of arrest that |
are subject to expungement under this Section because of |
inability to verify a record. Nothing in this Section shall |
create Illinois State Police liability or responsibility for |
the expungement of juvenile law enforcement records it does |
not possess. |
(7) (Blank). |
(7.5) (Blank). |
(8) The expungement of juvenile law enforcement or |
juvenile court records under subsection (0.1), (0.2), or (0.3) |
of this Section shall be funded by appropriation by the |
General Assembly for that purpose. |
(9) (Blank). |
(10) (Blank). |
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; |
102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff. |
6-30-23; 103-379, eff. 7-28-23; revised 8-30-23.) |