(705 ILCS 405/5-810)
(Text of Section from P.A. 103-22)
Sec. 5-810. Extended jurisdiction juvenile prosecutions.
(1)(a) If the State's Attorney files a petition, at any time prior to
commencement of the
minor's trial, to designate the proceeding as an extended jurisdiction juvenile
prosecution and the petition alleges the commission by a minor 13 years of age
or
older of any offense which would be a felony if committed by an adult, and, if
the
juvenile judge
assigned to hear and determine petitions to designate the proceeding as an
extended jurisdiction juvenile prosecution determines that there is probable
cause to believe that the allegations in the petition and motion are true,
there is a rebuttable presumption that the proceeding shall be designated as an
extended jurisdiction juvenile proceeding.
(b) The judge shall enter an order designating the proceeding as an
extended jurisdiction juvenile proceeding unless the judge makes a finding
based on clear and convincing evidence that sentencing under the Chapter V of
the Unified Code of Corrections would not be appropriate for the minor based on
an evaluation of the
following factors:
(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal history |
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(B) any previous abuse or neglect history of the
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(C) any mental health, physical and/or
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| educational history of the minor;
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(iii) the circumstances of the offense, including:
(A) the seriousness of the offense,
(B) whether the minor is charged through
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(C) whether there is evidence the offense was
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| committed in an aggressive and premeditated manner,
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(D) whether there is evidence the offense caused
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(E) whether there is evidence the minor possessed
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(iv) the advantages of treatment within the juvenile
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| justice system including whether there are facilities or programs, or both, particularly available in the juvenile system;
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(v) whether the security of the public requires
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| sentencing under Chapter V of the Unified Code of Corrections:
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(A) the minor's history of services, including
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| the minor's willingness to participate meaningfully in available services;
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(B) whether there is a reasonable likelihood that
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| the minor can be rehabilitated before the expiration of the juvenile court's jurisdiction;
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(C) the adequacy of the punishment or services.
In considering these factors, the court shall give greater weight to the
seriousness of the alleged offense, and the minor's prior record of delinquency
than to other factors listed in this subsection.
(2) Procedures for extended
jurisdiction juvenile prosecutions.
The State's Attorney may file a written motion for a proceeding to be
designated as an extended juvenile jurisdiction prior to
commencement of trial. Notice of the motion shall be in
compliance with
Section 5-530. When the State's Attorney files a written motion that a
proceeding be designated an extended jurisdiction juvenile prosecution, the
court shall commence a hearing within 30 days of the filing of the motion for
designation, unless good cause is shown by the prosecution or the minor as to
why the hearing could not be held within this time period. If the court finds
good cause has been demonstrated, then the hearing shall be held within 60 days
of the filing of the motion. The hearings shall be open to the public unless
the judge finds that the hearing should be closed for the protection of any
party, victim or witness. If the Juvenile Judge
assigned to hear and determine a motion to designate an extended jurisdiction
juvenile prosecution determines that there is probable cause to believe that
the allegations in the petition and motion are true the court shall grant the
motion for designation. Information used by the court in its findings or
stated in or offered in connection with this Section may be by way of proffer
based on reliable information offered by the State or the minor. All evidence
shall be admissible if it is relevant and reliable regardless of whether it
would be admissible under the rules of evidence.
(3) Trial. A minor who is subject of an extended jurisdiction juvenile
prosecution has the right to trial by jury. Any trial under this Section shall
be open to the public.
(4) Sentencing. If an extended jurisdiction juvenile prosecution under
subsection (1)
results in a guilty plea, a verdict of guilty, or a finding of guilt,
the court shall impose the following:
(i) one or more juvenile sentences under Section
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(ii) an adult criminal sentence in accordance with
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| the provisions of Section 5-4.5-105 of the Unified Code of Corrections, the execution of which shall be stayed on the condition that the offender not violate the provisions of the juvenile sentence.
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Any sentencing hearing under
this Section shall be open to the public.
(5) If, after an extended jurisdiction juvenile prosecution trial, a minor
is convicted of a lesser-included offense or of an offense that the State's
Attorney did not designate as an extended jurisdiction juvenile prosecution,
the State's Attorney may file a written motion, within 10 days of the finding
of guilt, that
the minor be sentenced as an extended jurisdiction juvenile prosecution
offender. The court shall rule on this motion using the factors found in
paragraph (1)(b) of Section 5-805. If the court denies the State's Attorney's
motion for
sentencing under the extended jurisdiction juvenile prosecution provision, the
court shall proceed to sentence the minor under Section 5-710.
(6) When it appears that a minor convicted in an extended jurisdiction
juvenile prosecution under subsection (1) has violated the
conditions of the minor's sentence, or is alleged to have committed a new
offense upon the filing of a petition to revoke the stay, the
court may, without notice, issue a warrant for the arrest of the minor.
After a hearing, if the court finds by a
preponderance of the evidence that the minor committed a new offense, the
court shall order execution of the previously
imposed adult criminal sentence.
After a hearing, if the court finds by a preponderance of the evidence
that the minor committed a violation of the minor's sentence other than by a new
offense, the court may order execution of the previously imposed adult criminal
sentence or may continue the minor on the existing juvenile sentence with or
without modifying or enlarging the conditions.
Upon revocation of the stay of the adult criminal sentence
and imposition of
that sentence, the minor's extended jurisdiction juvenile status shall be
terminated.
The on-going jurisdiction over the minor's case shall be assumed by the adult
criminal court and juvenile court jurisdiction shall be terminated and a report
of
the imposition of the adult sentence shall be sent to the Illinois State
Police.
(7) Upon successful completion of the juvenile sentence the court shall
vacate the adult criminal sentence.
(8) Nothing in this Section precludes the State from filing a motion for
transfer under Section 5-805.
(Source: P.A. 103-22, eff. 8-8-23.)
(Text of Section from P.A. 103-191)
Sec. 5-810. Extended jurisdiction juvenile prosecutions.
(1)(a) If the State's Attorney files a petition, at any time prior to
commencement of the
minor's trial, to designate the proceeding as an extended jurisdiction juvenile
prosecution and the petition alleges the commission by a minor 13 years of age
or
older of any offense which would be a felony if committed by an adult, and, if
the
juvenile judge
assigned to hear and determine petitions to designate the proceeding as an
extended jurisdiction juvenile prosecution determines that there is probable
cause to believe that the allegations in the petition and motion are true,
there is a rebuttable presumption that the proceeding shall be designated as an
extended jurisdiction juvenile proceeding.
(b) The judge shall enter an order designating the proceeding as an
extended jurisdiction juvenile proceeding unless the judge makes a finding
based on clear and convincing evidence that sentencing under the Chapter V of
the Unified Code of Corrections would not be appropriate for the minor based on
an evaluation of the
following factors:
(i) the age of the minor;
(ii) the history of the minor, including:
(A) any previous delinquent or criminal history
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(B) any previous abuse or neglect history of the
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|
(C) any mental health, physical and/or
|
| educational history of the minor, and
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(D) any involvement of the minor in the child
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(iii) the circumstances of the offense, including:
(A) the seriousness of the offense,
(B) whether the minor is charged through
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(C) whether there is evidence the offense was
|
| committed in an aggressive and premeditated manner,
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(D) whether there is evidence the offense caused
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(E) whether there is evidence the minor possessed
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(F) whether there is evidence the minor was
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| subjected to outside pressure, including peer pressure, familial pressure, or negative influences, and
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(G) the minor's degree of participation and
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| specific role in the offense;
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(iv) the advantages of treatment within the juvenile
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| justice system including whether there are facilities or programs, or both, particularly available in the juvenile system;
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(v) whether the security of the public requires
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| sentencing under Chapter V of the Unified Code of Corrections:
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(A) the minor's history of services, including
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| the minor's willingness to participate meaningfully in available services;
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(B) whether there is a reasonable likelihood that
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| the minor can be rehabilitated before the expiration of the juvenile court's jurisdiction;
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|
(C) the adequacy of the punishment or services.
In considering these factors, the court shall give greater weight to the
seriousness of the alleged offense, and the minor's prior record of delinquency
than to other factors listed in this subsection.
(2) Procedures for extended
jurisdiction juvenile prosecutions.
The State's Attorney may file a written motion for a proceeding to be
designated as an extended juvenile jurisdiction prior to
commencement of trial. Notice of the motion shall be in
compliance with
Section 5-530. When the State's Attorney files a written motion that a
proceeding be designated an extended jurisdiction juvenile prosecution, the
court shall commence a hearing within 30 days of the filing of the motion for
designation, unless good cause is shown by the prosecution or the minor as to
why the hearing could not be held within this time period. If the court finds
good cause has been demonstrated, then the hearing shall be held within 60 days
of the filing of the motion. The hearings shall be open to the public unless
the judge finds that the hearing should be closed for the protection of any
party, victim or witness. If the Juvenile Judge
assigned to hear and determine a motion to designate an extended jurisdiction
juvenile prosecution determines that there is probable cause to believe that
the allegations in the petition and motion are true the court shall grant the
motion for designation. Information used by the court in its findings or
stated in or offered in connection with this Section may be by way of proffer
based on reliable information offered by the State or the minor. All evidence
shall be admissible if it is relevant and reliable regardless of whether it
would be admissible under the rules of evidence.
(3) Trial. A minor who is subject of an extended jurisdiction juvenile
prosecution has the right to trial by jury. Any trial under this Section shall
be open to the public.
(4) Sentencing. If an extended jurisdiction juvenile prosecution under
subsection (1)
results in a guilty plea, a verdict of guilty, or a finding of guilt,
the court shall impose the following:
(i) one or more juvenile sentences under Section
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|
(ii) an adult criminal sentence in accordance with
|
| the provisions of Section 5-4.5-105 of the Unified Code of Corrections, the execution of which shall be stayed on the condition that the offender not violate the provisions of the juvenile sentence.
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|
Any sentencing hearing under
this Section shall be open to the public.
(5) If, after an extended jurisdiction juvenile prosecution trial, a minor
is convicted of a lesser-included offense or of an offense that the State's
Attorney did not designate as an extended jurisdiction juvenile prosecution,
the State's Attorney may file a written motion, within 10 days of the finding
of guilt, that
the minor be sentenced as an extended jurisdiction juvenile prosecution
offender. The court shall rule on this motion using the factors found in
paragraph (1)(b) of Section 5-805. If the court denies the State's Attorney's
motion for
sentencing under the extended jurisdiction juvenile prosecution provision, the
court shall proceed to sentence the minor under Section 5-710.
(6) When it appears that a minor convicted in an extended jurisdiction
juvenile prosecution under subsection (1) has violated the
conditions of his or her sentence, or is alleged to have committed a new
offense upon the filing of a petition to revoke the stay, the
court may, without notice, issue a warrant for the arrest of the minor.
After a hearing, if the court finds by a
preponderance of the evidence that the minor committed a new offense, the
court shall order execution of the previously
imposed adult criminal sentence.
After a hearing, if the court finds by a preponderance of the evidence
that the minor committed a violation of his or her sentence other than by a new
offense, the court may order execution of the previously imposed adult criminal
sentence or may continue him or her on the existing juvenile sentence with or
without modifying or enlarging the conditions.
Upon revocation of the stay of the adult criminal sentence
and imposition of
that sentence, the minor's extended jurisdiction juvenile status shall be
terminated.
The on-going jurisdiction over the minor's case shall be assumed by the adult
criminal court and juvenile court jurisdiction shall be terminated and a report
of
the imposition of the adult sentence shall be sent to the Department of State
Police.
(7) Upon successful completion of the juvenile sentence the court shall
vacate the adult criminal sentence.
(8) Nothing in this Section precludes the State from filing a motion for
transfer under Section 5-805.
(Source: P.A. 103-191, eff. 1-1-24.)
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(705 ILCS 405/5-901)
Sec. 5-901. Court file.
(1) The court file with respect to proceedings under this
Article shall consist of the petitions, pleadings, victim impact statements,
process,
service of process, orders, writs and docket entries reflecting hearings held
and judgments and decrees entered by the court. The court file shall be
kept separate from other records of the court.
(a) The file, including information identifying the |
| victim or alleged victim of any sex offense, shall be disclosed only to the following parties when necessary for discharge of their official duties:
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(i) A judge of the circuit court and members of
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| the staff of the court designated by the judge;
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(ii) Parties to the proceedings and their
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(iii) Victims and their attorneys, except in
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| cases of multiple victims of sex offenses in which case the information identifying the nonrequesting victims shall be redacted;
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(iv) Probation officers, law enforcement officers
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| or prosecutors or their staff;
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(v) Adult and juvenile Prisoner Review Boards.
(b) The Court file redacted to remove any information
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| identifying the victim or alleged victim of any sex offense shall be disclosed only to the following parties when necessary for discharge of their official duties:
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(i) Authorized military personnel;
(ii) Persons engaged in bona fide research, with
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| the permission of the judge of the juvenile court and the chief executive of the agency that prepared the particular recording: provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record;
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(iii) The Secretary of State to whom the Clerk of
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| the Court shall report the disposition of all cases, as required in Section 6-204 or Section 6-205.1 of the Illinois Vehicle Code. However, information reported relative to these offenses shall be privileged and available only to the Secretary of State, courts, and police officers;
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(iv) The administrator of a bonafide substance
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| abuse student assistance program with the permission of the presiding judge of the juvenile court;
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(v) Any individual, or any public or private
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| agency or institution, having custody of the juvenile under court order or providing educational, medical or mental health services to the juvenile or a court-approved advocate for the juvenile or any placement provider or potential placement provider as determined by the court.
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(2) (Reserved).
(3) A minor who is the victim or alleged victim in a juvenile proceeding
shall be
provided the same confidentiality regarding disclosure of identity as the
minor who is the subject of record.
Information identifying victims and alleged victims of sex offenses,
shall not be disclosed or open to public inspection under any circumstances.
Nothing in this Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing this identity.
(4) Relevant information, reports and records shall be made available to the
Department of
Juvenile Justice when a juvenile offender has been placed in the custody of the
Department of Juvenile Justice.
(4.5) Relevant information, reports and records, held by the Department of Juvenile Justice, including social investigation, psychological and medical records, of any juvenile offender, shall be made available to any county juvenile detention facility upon written request by the Superintendent or Director of that juvenile detention facility, to the Chief Records Officer of the Department of Juvenile Justice where the subject youth is or was in the custody of the Department of Juvenile Justice and is subsequently ordered to be held in a county juvenile detention facility.
(5) Except as otherwise provided in this subsection (5), juvenile court
records shall not be made available to the general public
but may be inspected by representatives of agencies, associations and news
media or other properly interested persons by general or special order of
the court. The State's Attorney, the minor, the minor's parents, guardian and
counsel
shall at all times have the right to examine court files and records.
(a) The court shall allow the general public to have
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| access to the name, address, and offense of a minor who is adjudicated a delinquent minor under this Act under either of the following circumstances:
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(i) The adjudication of delinquency was based
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| upon the minor's commission of first degree murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault; or
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(ii) The court has made a finding that the minor
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| was at least 13 years of age at the time the act was committed and the adjudication of delinquency was based upon the minor's commission of: (A) an act in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an act involving the use of a firearm in the commission of a felony, (C) an act that would be a Class X felony offense under or the minor's second or subsequent Class 2 or greater felony offense under the Cannabis Control Act if committed by an adult, (D) an act that would be a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act if committed by an adult, (E) an act that would be an offense under Section 401 of the Illinois Controlled Substances Act if committed by an adult, or (F) an act that would be an offense under the Methamphetamine Control and Community Protection Act if committed by an adult.
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(b) The court shall allow the general public to have
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| access to the name, address, and offense of a minor who is at least 13 years of age at the time the offense is committed and who is convicted, in criminal proceedings permitted or required under Section 5-805, under either of the following circumstances:
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(i) The minor has been convicted of first degree
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| murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault,
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(ii) The court has made a finding that the minor
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| was at least 13 years of age at the time the offense was committed and the conviction was based upon the minor's commission of: (A) an offense in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an offense involving the use of a firearm in the commission of a felony, (C) a Class X felony offense under the Cannabis Control Act or a second or subsequent Class 2 or greater felony offense under the Cannabis Control Act, (D) a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act, (E) an offense under Section 401 of the Illinois Controlled Substances Act, or (F) an offense under the Methamphetamine Control and Community Protection Act.
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(6) Nothing in this Section shall be construed to limit the use of an
adjudication of delinquency as
evidence in any juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including, but not limited to, use as
impeachment evidence against any witness, including the minor if the minor
testifies.
(7) Nothing in this Section shall affect the right of a Civil Service
Commission or appointing authority examining the character and fitness of
an applicant for a position as a law enforcement officer to ascertain
whether that applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records or evidence which were made in
proceedings under this Act.
(8) Following any adjudication of delinquency for a crime which would be
a felony if committed by an adult, or following any adjudication of delinquency
for a violation of Section 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the Criminal Code of 2012, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so, shall provide
a copy of the sentencing order to the principal or chief administrative
officer of the school. Access to such juvenile records shall be limited
to the principal or chief administrative officer of the school and any school
counselor designated by the principal or chief administrative officer.
(9) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to juveniles
subject to the provisions of the Serious Habitual Offender Comprehensive
Action Program when that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(10) (Reserved).
(11) The Clerk of the Circuit Court shall report to the Illinois
State
Police, in the form and manner required by the Illinois State Police, the
final disposition of each minor who has been arrested or taken into custody
before the minor's 18th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information reported to
the Illinois
State
Police under this Section may be maintained with records that the Illinois
State
Police
files under Section 2.1 of the Criminal Identification Act.
(12) Information or records may be disclosed to the general public when the
court is conducting hearings under Section 5-805 or 5-810.
(13) The changes made to this Section by Public Act 98-61 apply to juvenile court 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).
(Source: P.A. 102-197, eff. 7-30-21; 102-320, eff. 8-6-21; 102-538, eff. 8-20-21; 102-813, eff. 5-13-22; 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-905)
Sec. 5-905. Law enforcement records.
(1) Law Enforcement Records.
Inspection and copying of law enforcement records maintained by law enforcement
agencies that relate to a minor who has been investigated, arrested, or taken into custody
before the minor's 18th birthday shall be restricted to the following and when
necessary for the discharge of their official duties:
(a) A judge of the circuit court and members of the |
| staff of the court designated by the judge;
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(b) Law enforcement officers, probation officers or
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| prosecutors or their staff, or, when necessary for the discharge of its official duties in connection with a particular investigation of the conduct of a law enforcement officer, an independent agency or its staff created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers;
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(c) The minor, the minor's parents or legal guardian
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| and their attorneys, but only when the juvenile has been charged with an offense;
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(d) Adult and Juvenile Prisoner Review Boards;
(e) Authorized military personnel;
(f) Persons engaged in bona fide research, with the
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| permission of the judge of juvenile court and the chief executive of the agency that prepared the particular recording: provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record;
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(g) Individuals responsible for supervising or
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| providing temporary or permanent care and custody of minors pursuant to orders of the juvenile court or directives from officials of the Department of Children and Family Services or the Department of Human Services who certify in writing that the information will not be disclosed to any other party except as provided under law or order of court;
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(h) The appropriate school official only if the
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| agency or officer believes that there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds.
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(A) Inspection and copying shall be limited to
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| law enforcement records transmitted to the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest by a local law enforcement agency under a reciprocal reporting system established and maintained between the school district and the local law enforcement agency under Section 10-20.14 of the School Code concerning a minor enrolled in a school within the school district who has been arrested or taken into custody for any of the following offenses:
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(i) any violation of Article 24 of the
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| Criminal Code of 1961 or the Criminal Code of 2012;
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(ii) a violation of the Illinois Controlled
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(iii) a violation of the Cannabis Control
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(iv) a forcible felony as defined in Section
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| 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012;
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(v) a violation of the Methamphetamine
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| Control and Community Protection Act;
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(vi) a violation of Section 1-2 of the
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| Harassing and Obscene Communications Act;
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(vii) a violation of the Hazing Act; or
(viii) a violation of Section 12-1, 12-2,
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| 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the Criminal Code of 1961 or the Criminal Code of 2012.
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The information derived from the law enforcement
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| records shall be kept separate from and shall not become a part of the official school record of that child and shall not be a public record. The information shall be used solely by the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest to aid in the proper rehabilitation of the child and to protect the safety of students and employees in the school. If the designated law enforcement and school officials deem it to be in the best interest of the minor, the student may be referred to in-school or community based social services if those services are available. "Rehabilitation services" may include interventions by school support personnel, evaluation for eligibility for special education, referrals to community-based agencies such as youth services, behavioral healthcare service providers, drug and alcohol prevention or treatment programs, and other interventions as deemed appropriate for the student.
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(B) Any information provided to appropriate
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| school officials whom the school has determined to have a legitimate educational or safety interest by local law enforcement officials about a minor who is the subject of a current police investigation that is directly related to school safety shall consist of oral information only, and not written law enforcement records, and shall be used solely by the appropriate school official or officials to protect the safety of students and employees in the school and aid in the proper rehabilitation of the child. The information derived orally from the local law enforcement officials shall be kept separate from and shall not become a part of the official school record of the child and shall not be a public record. This limitation on the use of information about a minor who is the subject of a current police investigation shall in no way limit the use of this information by prosecutors in pursuing criminal charges arising out of the information disclosed during a police investigation of the minor. For purposes of this paragraph, "investigation" means an official systematic inquiry by a law enforcement agency into actual or suspected criminal activity;
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(i) The president of a park district. Inspection and
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| copying shall be limited to law enforcement records transmitted to the president of the park district by the Illinois State Police under Section 8-23 of the Park District Code or Section 16a-5 of the Chicago Park District Act concerning a person who is seeking employment with that park district and who has been adjudicated a juvenile delinquent for any of the offenses listed in subsection (c) of Section 8-23 of the Park District Code or subsection (c) of Section 16a-5 of the Chicago Park District Act.
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(2) Information identifying victims and alleged victims of sex offenses,
shall not be disclosed or open to public inspection under any circumstances.
Nothing in this Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing this identity.
(2.5) If the minor is a victim of aggravated battery, battery, attempted first degree murder, or other non-sexual violent offense, the identity of the victim may be disclosed to appropriate school officials, for the purpose of preventing foreseeable future violence involving minors, by a local law enforcement agency pursuant to an agreement established between the school district and a local law enforcement agency subject to the approval by the presiding judge of the juvenile court.
(3) Relevant information, reports and records shall be made available to the
Department of Juvenile Justice when a juvenile offender has been placed in the
custody of the Department of Juvenile Justice.
(4) Nothing in this Section shall prohibit the inspection or disclosure to
victims and witnesses of photographs contained in the records of law
enforcement agencies when the inspection or disclosure is conducted in the
presence of a law enforcement officer for purposes of identification or
apprehension of any person in the course of any criminal investigation or
prosecution.
(5) The records of law enforcement officers, or of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, concerning all minors under
18 years of age must be maintained separate from the records of adults and
may not be open to public inspection or their contents disclosed to the
public except by order of the court or when the institution of criminal
proceedings has been permitted under Section 5-130 or 5-805 or required
under Section
5-130 or 5-805 or such a person has been convicted of a crime and is the
subject of
pre-sentence investigation or when provided by law.
(6) Except as otherwise provided in this subsection (6), law enforcement
officers, and personnel of an independent agency created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers, may not disclose the identity of any minor
in releasing information to the general public as to the arrest, investigation
or disposition of any case involving a minor.
Any victim or parent or legal guardian of a victim may petition the court to
disclose the name and address of the minor and the minor's parents or legal
guardian, or both. Upon a finding by clear and convincing evidence that the
disclosure is either necessary for the victim to pursue a civil remedy against
the minor or the minor's parents or legal guardian, or both, or to protect the
victim's person or property from the minor, then the court may order the
disclosure of the information to the victim or to the parent or legal guardian
of the victim only for the purpose of the victim pursuing a civil remedy
against the minor or the minor's parents or legal guardian, or both, or to
protect the victim's person or property from the minor.
(7) Nothing contained in this Section shall prohibit law enforcement
agencies when acting in their official capacity from communicating with each
other by letter, memorandum, teletype or
intelligence alert bulletin or other means the identity or other relevant
information pertaining to a person under 18 years of age. The information
provided under this subsection (7) shall remain confidential and shall not
be publicly disclosed, except as otherwise allowed by law.
(8) No person shall disclose information under this Section except when
acting in the person's official capacity and as provided by law or order of
court.
(9) The changes made to this Section by Public Act 98-61 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).
(Source: P.A. 103-22, eff. 8-8-23.)
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(705 ILCS 405/5-915)
(Text of Section from P.A. 103-22)
Sec. 5-915. Expungement of juvenile law enforcement and juvenile court records.
(0.05) (Blank). (0.1)(a) The Illinois State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of subsection (0.1), all juvenile law enforcement records relating to events occurring before an individual's 18th birthday if: (1) one year or more has elapsed since the date of |
| the arrest or law enforcement interaction documented in the records;
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(2) no petition for delinquency or criminal charges
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| were filed with the clerk of the circuit court relating to the arrest or law enforcement interaction documented in the records; and
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(3) 6 months have elapsed since the date of the
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| arrest 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.
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(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 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
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| January 1, 2013 shall be automatically expunged prior to January 1, 2020;
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(2) prior to January 1, 2013, but on or after January
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| 1, 2000, shall be automatically expunged prior to January 1, 2023; and
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(3) prior to January 1, 2000 shall not be subject to
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| the automatic expungement provisions of this Act.
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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 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
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| delinquency was filed with the clerk of the circuit court;
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(a-5) the minor was charged with an offense and the
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| petition or petitions were dismissed without a finding of delinquency;
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(b) the minor was charged with an offense and was
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| found not delinquent of that offense;
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(c) the minor was placed under supervision under
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| Section 5-615, and the order of supervision has since been successfully terminated; or
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(d) the minor was adjudicated for an offense which
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| would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult.
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(1.5) 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 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 may apply to have petition fees waived, (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.
(2.7) (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.)
(Text of Section from P.A. 103-154)
Sec. 5-915. Expungement of juvenile law enforcement and juvenile court records.
(0.05) (Blank).
(0.1)(a) The Illinois State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of subsection (0.1), all juvenile law enforcement records relating to events occurring before an individual's 18th birthday if:
(1) one year or more has elapsed since the date of
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| the arrest or law enforcement interaction documented in the records;
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(2) no petition for delinquency or criminal charges
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| were filed with the clerk of the circuit court relating to the arrest or law enforcement interaction documented in the records; and
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(3) 6 months have elapsed since the date of the
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| arrest 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.
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(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 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
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| January 1, 2013 shall be automatically expunged prior to January 1, 2020;
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(2) prior to January 1, 2013, but on or after January
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| 1, 2000, shall be automatically expunged prior to January 1, 2023; and
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(3) prior to January 1, 2000 shall not be subject to
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| the automatic expungement provisions of this Act.
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Nothing in this subsection (0.15) shall be construed to restrict or modify an individual's right to have his or her 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 his or her 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 his or her 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 his or her 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 his or her 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 his or her 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 his or her 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 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
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| delinquency was filed with the clerk of the circuit court;
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|
(a-5) the minor was charged with an offense and the
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| petition or petitions were dismissed without a finding of delinquency;
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(b) the minor was charged with an offense and was
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| found not delinquent of that offense;
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(c) the minor was placed under supervision under
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| Section 5-615, and the order of supervision has since been successfully terminated; or
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(d) the minor was adjudicated for an offense which
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| would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult.
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|
(1.5) The Illinois State Police shall allow a person to use the Access and Review process, established in the Illinois State Police, for verifying that his or her juvenile law enforcement records relating to incidents occurring before his or her 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 to expunge all juvenile 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 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 he or she petitions the court for expungement; provided that 2 years have elapsed since all juvenile court proceedings relating to
him or her have been terminated and his or her 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 his or her 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) 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 law enforcement or juvenile court record, and (iv) if petitioning 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) (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; 103-154, eff. 6-30-23.)
(Text of Section from P.A. 103-379)
Sec. 5-915. Expungement of juvenile law enforcement and juvenile court records.
(0.05) (Blank).
(0.1) (a) The Illinois State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of subsection (0.1), all juvenile law enforcement records relating to events occurring before an individual's 18th birthday if:
(1) one year or more has elapsed since the date of
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| the arrest or law enforcement interaction documented in the records;
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(2) no petition for delinquency or criminal charges
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| were filed with the clerk of the circuit court relating to the arrest or law enforcement interaction documented in the records; and
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(3) 6 months have elapsed since the date of the
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| arrest 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.
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(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 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
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| January 1, 2013 shall be automatically expunged prior to January 1, 2020;
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(2) prior to January 1, 2013, but on or after January
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| 1, 2000, shall be automatically expunged prior to January 1, 2023; and
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(3) prior to January 1, 2000 shall not be subject to
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| the automatic expungement provisions of this Act.
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|
Nothing in this subsection (0.15) shall be construed to restrict or modify an individual's right to have his or her 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 his or her 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 his or her 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 his or her 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 his or her 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 his or her 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 his or her 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
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(a-5) the minor was charged with an offense and the
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(b) the minor was charged with an offense and was
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(c) the minor was placed under supervision under
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(d) the minor was adjudicated for an offense which
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(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 his or her juvenile law enforcement records relating to incidents occurring before his or her 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 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 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 he or she petitions the court for expungement; provided that 2 years have elapsed since all juvenile court proceedings relating to
him or her have been terminated and his or her 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 his or her 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) he or she shall not be charged a fee to petition for expungement, (iii) once he or she obtains an expungement, he or she may not be required to disclose that he or she had a juvenile law enforcement or juvenile court record, and (iv) if petitioning 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) (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; 103-379, eff. 7-28-23.)
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