HB1091 93rd General Assembly

093_HB1091

 
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 1        AN ACT in relation to minors.

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

 4        Section 5.  The Juvenile Court Act of 1987 is amended  by
 5    changing Section 5-915 as follows:

 6        (705 ILCS 405/5-915)
 7        Sec.  5-915.  Expungement of law enforcement and juvenile
 8    court records.
 9        (1)  Whenever any person has attained the age  of  17  or
10    whenever  all  juvenile  court  proceedings  relating to that
11    person have been terminated, whichever is later,  the  person
12    may  petition  the  court  shall automatically to expunge law
13    enforcement records relating to  incidents  occurring  before
14    his  or  her  17th  birthday  or  his  or  her juvenile court
15    records, or both, but only in the following circumstances:
16             (a)  the minor was  arrested  and  no  petition  for
17        delinquency  was  filed  with  the  clerk  of the circuit
18        court; or
19             (b)  the minor was charged with an offense  and  was
20        found not delinquent of that offense; or
21             (c)  the minor was placed under supervision pursuant
22        to  Section 5-615, and the order of supervision has since
23        been successfully terminated; or
24             (d)  the minor was adjudicated for an offense  which
25        would be a Class B misdemeanor if committed by an adult.
26        (2)  The  Any  person  may  petition  the  court shall to
27    expunge all law enforcement records relating to any incidents
28    occurring before a person's his or her  17th  birthday  which
29    did  not  result  in  proceedings  in  criminal court and all
30    juvenile court records  with  respect  to  any  adjudications
31    except  those based upon first degree murder and sex offenses
 
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 1    which would be felonies if committed  by  an  adult,  if  the
 2    person  for whom expungement is sought has had no convictions
 3    for any crime since his or her 17th birthday and:
 4             (a)  has attained the age of 21 years; or
 5             (b)  5 years have elapsed since all  juvenile  court
 6        proceedings  relating  to him or her have been terminated
 7        or  his  or  her  commitment   to   the   Department   of
 8        Corrections,  Juvenile  Division pursuant to this Act has
 9        been terminated;
10    whichever is later of (a) or (b).
11        (3)  The chief judge of the circuit in  which  an  arrest
12    was made or a charge was brought or any judge of that circuit
13    designated  by  the chief judge shall, for may, upon verified
14    petition of a person who is the subject of  an  arrest  or  a
15    juvenile court proceeding under subsection (1) or (2) of this
16    Section,  order the law enforcement records or official court
17    file, or both, to be expunged from the  official  records  of
18    the  arresting  authority, the clerk of the circuit court and
19    the Department of State Police.  Notice of the petition shall
20    be served upon the State's Attorney and  upon  the  arresting
21    authority   which   is   the  subject  of  the  petition  for
22    expungement.
23        (4)  Upon entry of an order expunging records  or  files,
24    the  offense,  which  the  records  or files concern shall be
25    treated as if it never occurred. Law enforcement officers and
26    other public offices and agencies  shall  properly  reply  on
27    inquiry  that  no  record  or file exists with respect to the
28    person.
29        (5)  Records which have not been expunged are sealed, and
30    may be obtained only under the provisions of Sections  5-901,
31    5-905 and 5-915.
32        (6)  Nothing  in  this  Section  shall  be  construed  to
33    prohibit  the  maintenance  of  information  relating  to  an
34    offense  after  records  or files concerning the offense have
 
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 1    been expunged if the information is kept  in  a  manner  that
 2    does   not  enable  identification  of  the  offender.   This
 3    information may only be used for statistical  and  bona  fide
 4    research purposes.
 5    (Source: P.A. 90-590, eff. 1-1-99.)