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| Public Act 100-0720 | ||||
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AN ACT concerning courts.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Sections 1-7, 1-8, and 5-915 as follows:
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(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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Sec. 1-7. Confidentiality of law enforcement and municipal | ||||
ordinance violation records.
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(A) All juvenile records which have not been expunged are | ||||
sealed and may never be disclosed to the general public or | ||||
otherwise made widely available. Sealed records may be obtained | ||||
only under this Section and Sections Section 1-8 and 5-915 of | ||||
this Act, when their use is needed for good cause and with an | ||||
order from the juvenile court, as required by those not | ||||
authorized to retain them. Inspection and copying of law | ||||
enforcement records maintained by law
enforcement agencies or | ||||
records of municipal ordinance violations maintained by any | ||||
State, local, or municipal agency that relate to a minor who | ||||
has been investigated, arrested, or taken
into custody before | ||||
his or her 18th birthday shall be restricted to the
following:
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(0.05) The minor who is the subject of record, his or | ||||
her parents, guardian, and counsel. | ||||
(1) Any local, State, or federal law enforcement | ||||
officers of any
jurisdiction or agency when necessary for | ||
the discharge of their official
duties during the | ||
investigation or prosecution of a crime or relating to a
| ||
minor who has been adjudicated delinquent and there has | ||
been a previous finding
that the act which constitutes the | ||
previous offense was committed in
furtherance of criminal | ||
activities by a criminal street gang, 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. For purposes of
this Section, | ||
"criminal street gang" has the meaning ascribed to it in
| ||
Section 10 of the Illinois Streetgang Terrorism Omnibus | ||
Prevention Act.
| ||
(2) Prosecutors, public defenders, probation officers, | ||
social workers, or other
individuals assigned by the court | ||
to conduct a pre-adjudication or
pre-disposition | ||
investigation, and individuals responsible for supervising
| ||
or providing temporary or permanent care and custody for | ||
minors pursuant to
the order of the juvenile court, when | ||
essential to performing their
responsibilities.
| ||
(3) Prosecutors, public defenders, and probation | ||
officers:
| ||
(a) in the course of a trial when institution of | ||
criminal proceedings
has been permitted or required | ||
under Section 5-805; or
| ||
(b) when institution of criminal proceedings has | ||
been permitted or required under Section 5-805 and such | ||
minor is the
subject
of a proceeding to determine the | ||
amount of bail; or
| ||
(c) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and such minor is the | ||
subject of a
pre-trial
investigation, pre-sentence | ||
investigation, fitness hearing, or proceedings
on an | ||
application for probation.
| ||
(4) Adult and Juvenile Prisoner Review Board.
| ||
(5) Authorized military personnel.
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(6) Persons engaged in bona fide research, with the | ||
permission of the
Presiding Judge of the Juvenile Court and | ||
the chief executive of the respective
law enforcement | ||
agency; provided that publication of such research results
| ||
in no disclosure of a minor's identity and protects the | ||
confidentiality
of the minor's record.
| ||
(7) Department of Children and Family Services child | ||
protection
investigators acting in their official | ||
capacity.
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(8) The appropriate school official only if the 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. | ||
(A) Inspection and copying
shall be limited to 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 Criminal | ||
Code of
1961 or the Criminal Code of 2012;
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(ii) a violation of the Illinois Controlled | ||
Substances Act;
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(iii) a violation of the Cannabis Control Act;
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(iv) a forcible felony as defined in Section | ||
2-8 of the Criminal Code
of 1961 or the Criminal | ||
Code of 2012; | ||
(v) a violation of the Methamphetamine Control | ||
and Community Protection Act;
| ||
(vi) a violation of Section 1-2 of the | ||
Harassing and Obscene Communications Act; | ||
(vii) a violation of the Hazing Act; or | ||
(viii) a violation of Section 12-1, 12-2, | ||
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. | ||
The information derived from the law enforcement | ||
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. | ||
(B) Any information provided to appropriate 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. | ||
(9) Mental health professionals on behalf of the | ||
Illinois Department of
Corrections or the Department of | ||
Human Services or prosecutors who are
evaluating, | ||
prosecuting, or investigating a potential or actual | ||
petition
brought
under the Sexually Violent Persons | ||
Commitment Act relating to a person who is
the
subject of | ||
juvenile law enforcement records or the respondent to a | ||
petition
brought under the Sexually Violent Persons | ||
Commitment Act who is the subject of
the
juvenile law | ||
enforcement records sought.
Any records and any | ||
information obtained from those records under this
| ||
paragraph (9) may be used only in sexually violent persons | ||
commitment
proceedings.
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(10) The president of a park district. Inspection and | ||
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. | ||
(B)(1) Except as provided in paragraph (2), no law | ||
enforcement
officer or other person or agency may knowingly | ||
transmit to the Department of
Corrections or the Department of | ||
State Police or to the Federal
Bureau of Investigation any | ||
fingerprint or photograph relating to a minor who
has been | ||
arrested or taken into custody before his or her 18th birthday,
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unless the court in proceedings under this Act authorizes the | ||
transmission or
enters an order under Section 5-805 permitting | ||
or requiring the
institution of
criminal proceedings.
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(2) Law enforcement officers or other persons or agencies | ||
shall transmit
to the Department of State Police copies of | ||
fingerprints and descriptions
of all minors who have been | ||
arrested or taken into custody before their
18th birthday for | ||
the offense of unlawful use of weapons under Article 24 of
the | ||
Criminal Code of 1961 or the Criminal Code of 2012, a Class X | ||
or Class 1 felony, a forcible felony as
defined in Section 2-8 | ||
of the Criminal Code of 1961 or the Criminal Code of 2012, or a | ||
Class 2 or greater
felony under the Cannabis Control Act, the | ||
Illinois Controlled Substances Act, the Methamphetamine | ||
Control and Community Protection Act,
or Chapter 4 of the | ||
Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | ||
Identification Act. Information reported to the Department | ||
pursuant
to this Section may be maintained with records that | ||
the Department files
pursuant to Section 2.1 of the Criminal | ||
Identification Act. Nothing in this
Act prohibits a law | ||
enforcement agency from fingerprinting a minor taken into
| ||
custody or arrested before his or her 18th birthday for an | ||
offense other than
those listed in this paragraph (2).
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(C) 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 | ||
arrests and
may not be open to public inspection or their | ||
contents disclosed to the
public. For purposes of obtaining | ||
documents under this Section, a civil subpoena is not an order | ||
of the court. | ||
(1) In cases where the law enforcement, or independent | ||
agency, records concern a pending juvenile court case, the | ||
party seeking to inspect the records shall provide actual | ||
notice to the attorney or guardian ad litem of the minor | ||
whose records are sought. | ||
(2) In cases where the records concern a juvenile court | ||
case that is no longer pending, the party seeking to | ||
inspect the records shall provide actual notice to the | ||
minor or the minor's parent or legal guardian, and the | ||
matter shall be referred to the chief judge presiding over | ||
matters pursuant to this Act. | ||
(3) In determining whether the records should be | ||
available for inspection, the court shall consider the | ||
minor's interest in confidentiality and rehabilitation | ||
over the moving party's interest in obtaining the | ||
information. Any records obtained in violation of this | ||
subsection (C) shall not be admissible in any criminal or | ||
civil proceeding, or operate to disqualify a minor from | ||
subsequently holding public office or securing employment, | ||
or operate as a forfeiture of any public benefit, right, | ||
privilege, or right to receive any license granted by | ||
public authority.
| ||
(D) Nothing contained in subsection (C) of 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 and disclosure is | ||
conducted in the presence of a law enforcement
officer for the | ||
purpose of the identification or apprehension of any person
| ||
subject to the provisions of this Act or for the investigation | ||
or
prosecution of any crime.
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(E) 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.
| ||
(F) Nothing contained in this Section shall prohibit law | ||
enforcement
agencies 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 if there are
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reasonable grounds to believe that the person poses a real and | ||
present danger
to the safety of the public or law enforcement | ||
officers. The information
provided under this subsection (F) | ||
shall remain confidential and shall not
be publicly disclosed, | ||
except as otherwise allowed by law.
| ||
(G) Nothing in this Section shall prohibit the right of a | ||
Civil Service
Commission or appointing authority of any state, | ||
county or municipality
examining the character and fitness of | ||
an applicant for employment with a law
enforcement agency, | ||
correctional institution, or fire department
from obtaining | ||
and examining the
records of any law enforcement agency | ||
relating to any record of the applicant
having been arrested or | ||
taken into custody before the applicant's 18th
birthday.
| ||
(H) 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). | ||
(I) Willful violation of this Section is a Class C | ||
misdemeanor and each violation is subject to a fine of $1,000. | ||
This subsection (I) shall not apply to the person who is the | ||
subject of the record. | ||
(J) A person convicted of violating this Section is liable | ||
for damages in the amount of $1,000 or actual damages, | ||
whichever is greater. | ||
(Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18; | ||
revised 10-5-17.)
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(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
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Sec. 1-8. Confidentiality and accessibility of juvenile | ||
court records.
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(A) A juvenile adjudication shall never be considered a | ||
conviction nor shall an adjudicated individual be considered a | ||
criminal. Unless expressly allowed by law, a juvenile | ||
adjudication shall not operate to impose upon the individual | ||
any of the civil disabilities ordinarily imposed by or | ||
resulting from conviction. Unless expressly allowed by law, | ||
adjudications shall not prejudice or disqualify the individual | ||
in any civil service application or appointment, from holding | ||
public office, or from receiving any license granted by public | ||
authority. All juvenile records which have not been expunged | ||
are sealed and may never be disclosed to the general public or | ||
otherwise made widely available. Sealed records may be obtained | ||
only under this Section and Section 1-7 and Section 5-915 of | ||
this Act, when their use is needed for good cause and with an | ||
order from the juvenile court, as required by those not | ||
authorized to retain them. Inspection and copying of juvenile | ||
court records relating to a minor
who is the subject of a | ||
proceeding under this Act shall be restricted to the
following:
| ||
(1) The minor who is the subject of record, his | ||
parents, guardian
and counsel.
| ||
(2) Law enforcement officers and law enforcement | ||
agencies when such
information is essential to executing an | ||
arrest or search warrant or other
compulsory process, or to | ||
conducting an ongoing investigation
or relating to a minor | ||
who
has been adjudicated delinquent and there has been a | ||
previous finding that
the act which constitutes the | ||
previous offense was committed in furtherance
of criminal | ||
activities by a criminal street gang.
| ||
Before July 1, 1994, for the purposes of this Section, | ||
"criminal street
gang" means any ongoing
organization, | ||
association, or group of 3 or more persons, whether formal | ||
or
informal, having as one of its primary activities the | ||
commission of one or
more criminal acts and that has a | ||
common name or common identifying sign,
symbol or specific | ||
color apparel displayed, and whose members individually
or | ||
collectively engage in or have engaged in a pattern of | ||
criminal activity.
| ||
Beginning July 1, 1994, for purposes of this Section, | ||
"criminal street
gang" has the meaning ascribed to it in | ||
Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||
Prevention Act.
| ||
(3) Judges, hearing officers, prosecutors, public | ||
defenders, probation officers, social
workers or other
| ||
individuals assigned by the court to conduct a | ||
pre-adjudication or
predisposition investigation, and | ||
individuals responsible for supervising
or providing | ||
temporary or permanent care and custody for minors pursuant
| ||
to the order of the juvenile court when essential to | ||
performing their
responsibilities.
| ||
(4) Judges, prosecutors, public defenders, and | ||
probation officers:
| ||
(a) in the course of a trial when institution of | ||
criminal proceedings
has been permitted or required | ||
under Section 5-805; or
| ||
(b) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and a minor is the | ||
subject of a
proceeding to
determine the amount of | ||
bail; or
| ||
(c) when criminal proceedings have been permitted
| ||
or
required under Section 5-805 and a minor is the | ||
subject of a
pre-trial
investigation, pre-sentence | ||
investigation or fitness hearing, or
proceedings on an | ||
application for probation; or
| ||
(d) when a minor becomes 18 years of age or older, | ||
and is the subject
of criminal proceedings, including a | ||
hearing to determine the amount of
bail, a pre-trial | ||
investigation, a pre-sentence investigation, a fitness
| ||
hearing, or proceedings on an application for | ||
probation.
| ||
(5) Adult and Juvenile Prisoner Review Boards.
| ||
(6) Authorized military personnel.
| ||
(7) Victims, their subrogees and legal | ||
representatives; however, such
persons shall have access | ||
only to the name and address of the minor and
information | ||
pertaining to the disposition or alternative adjustment | ||
plan
of the juvenile court.
| ||
(8) Persons engaged in bona fide research, with the | ||
permission of the
presiding judge of the juvenile court and | ||
the chief executive of the agency
that prepared the | ||
particular records; provided that publication of such
| ||
research results in no disclosure of a minor's identity and | ||
protects the
confidentiality of the record.
| ||
(9) The Secretary of State to whom the Clerk of the | ||
Court shall report
the disposition of all cases, as | ||
required in Section 6-204 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.
| ||
(10) The administrator of a bonafide substance abuse | ||
student
assistance program with the permission of the | ||
presiding judge of the
juvenile court.
| ||
(11) Mental health professionals on behalf of the | ||
Illinois Department of
Corrections or the Department of | ||
Human Services or prosecutors who are
evaluating, | ||
prosecuting, or investigating a potential or actual | ||
petition
brought
under the Sexually Violent Persons | ||
Commitment Act relating to a person who is the
subject of
| ||
juvenile court records or the respondent to a petition | ||
brought under
the
Sexually Violent Persons Commitment Act, | ||
who is the subject of juvenile
court records
sought. Any | ||
records and any information obtained from those records | ||
under this
paragraph (11) may be used only in sexually | ||
violent persons commitment
proceedings.
| ||
(A-1) Findings and exclusions of paternity entered in | ||
proceedings occurring under Article II of this Act shall be | ||
disclosed, in a manner and form approved by the Presiding Judge | ||
of the Juvenile Court, to the Department of Healthcare and | ||
Family Services when necessary to discharge the duties of the | ||
Department of Healthcare and Family Services under Article X of | ||
the Illinois Public Aid Code. | ||
(B) A minor who is the victim in a juvenile proceeding | ||
shall be
provided the same confidentiality regarding | ||
disclosure of identity as the
minor who is the subject of | ||
record.
| ||
(C) Juvenile court
records shall not be made available to | ||
the general public. For purposes of inspecting documents under | ||
this Section, a civil subpoena is not an order of the court.
| ||
(0.1) In cases where the records concern a pending | ||
juvenile court case, the requesting party seeking to | ||
inspect the juvenile court records shall provide actual | ||
notice to the attorney or guardian ad litem of the minor | ||
whose records are sought. | ||
(0.2) In cases where the records concern a juvenile | ||
court case that is no longer pending, the requesting party | ||
seeking to inspect the juvenile court records shall provide | ||
actual notice to the minor or the minor's parent or legal | ||
guardian, and the matter shall be referred to the chief | ||
judge presiding over matters pursuant to this Act. | ||
(0.3) In determining whether records should be made | ||
available for inspection and whether inspection should be | ||
limited to certain parts of the file, the court shall | ||
consider the minor's interest in confidentiality and | ||
rehabilitation over the requesting party's interest in | ||
obtaining the information. The State's Attorney, the | ||
minor, and the minor's parents, guardian, and counsel shall | ||
at all times have the right to examine court files and | ||
records. | ||
(0.4) Any records obtained in violation of this Section | ||
shall not be admissible in any criminal or civil | ||
proceeding, or operate to disqualify a minor from | ||
subsequently holding public office, or operate as a | ||
forfeiture of any public benefit, right, privilege, or | ||
right to receive any license granted by public authority.
| ||
(D) Pending or following any adjudication of delinquency | ||
for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||
12-13 through 12-16 of the Criminal Code of 1961 or the | ||
Criminal Code of 2012,
the victim of any such offense shall | ||
receive the
rights set out in Sections 4 and 6 of the Bill of
| ||
Rights for Victims and Witnesses of Violent Crime Act; and the
| ||
juvenile who is the subject of the adjudication, | ||
notwithstanding any other
provision of this Act, shall be | ||
treated
as an adult for the purpose of affording such rights to | ||
the victim.
| ||
(E) Nothing in this Section shall affect the right of a | ||
Civil Service
Commission or appointing authority of any state, | ||
county or municipality
examining the character and fitness of
| ||
an applicant for employment with a law enforcement
agency, | ||
correctional institution, or fire department to
ascertain
| ||
whether that applicant was ever adjudicated to be a delinquent | ||
minor and,
if so, to examine the records of disposition or | ||
evidence which were made in
proceedings under this Act.
| ||
(F) 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 dispositional 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 guidance
| ||
counselor designated by him.
| ||
(G) 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.
| ||
(H) When a Court hearing a proceeding under Article II of | ||
this Act becomes
aware that an earlier proceeding under Article | ||
II had been heard in a different
county, that Court shall | ||
request, and the Court in which the earlier
proceedings were | ||
initiated shall transmit, an authenticated copy of the Court
| ||
record, including all documents, petitions, and orders filed | ||
therein and the
minute orders, transcript of proceedings, and | ||
docket entries of the Court.
| ||
(I) The Clerk of the Circuit Court shall report to the | ||
Department of
State
Police, in the form and manner required by | ||
the Department of State Police, the
final disposition of each | ||
minor who has been arrested or taken into custody
before his or | ||
her 18th birthday for those offenses required to be reported
| ||
under Section 5 of the Criminal Identification Act. Information | ||
reported to
the Department under this Section may be maintained | ||
with records that the
Department files under Section 2.1 of the | ||
Criminal Identification Act.
| ||
(J) 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). | ||
(K) Willful violation of this Section is a Class C | ||
misdemeanor and each violation is subject to a fine of $1,000. | ||
This subsection (K) shall not apply to the person who is the | ||
subject of the record. | ||
(L) A person convicted of violating this Section is liable | ||
for damages in the amount of $1,000 or actual damages, | ||
whichever is greater. | ||
(Source: P.A. 100-285, eff. 1-1-18.)
| ||
(705 ILCS 405/5-915)
| ||
Sec. 5-915. Expungement of juvenile law enforcement and | ||
court records.
| ||
(0.05) For purposes of this Section: | ||
"Dissemination" or "disseminate" means to publish, | ||
produce, print, manufacture, distribute, sell, lease, | ||
exhibit, broadcast, display, transmit, or otherwise share | ||
information in any format so as to make the information | ||
accessible to others. | ||
"Expunge" means to physically destroy the records and | ||
to obliterate the minor's name and juvenile court records | ||
from any official index, public record, or electronic | ||
database. No evidence of the juvenile court records may be | ||
retained by any law enforcement agency, the juvenile court, | ||
or by any municipal, county, or State agency or department. | ||
Nothing in this Act shall require the physical destruction | ||
of the internal office records, files, or databases | ||
maintained by a State's Attorney's Office or other | ||
prosecutor, public defender, probation officer, or by the | ||
Office of the Secretary of State. | ||
"Juvenile court record" includes, but is not limited | ||
to: | ||
(a) all documents filed in or maintained by the | ||
juvenile court pertaining to a specific incident, | ||
proceeding, or individual; | ||
(b) all documents relating to a specific incident, | ||
proceeding, or individual made available to or maintained | ||
by probation officers; | ||
(c) all documents, video or audio tapes, | ||
photographs, and exhibits admitted into evidence at | ||
juvenile court hearings; or | ||
(d) all documents, transcripts, records, reports | ||
or other evidence prepared by, maintained by, or released | ||
by any municipal, county, or State state agency or | ||
department, in any format, if indicating involvement with | ||
the juvenile court relating to a specific incident, | ||
proceeding, or individual. | ||
"Law enforcement record" includes, but is not limited | ||
to, records of arrest, station adjustments, fingerprints, | ||
probation adjustments, the issuance of a notice to appear, | ||
or any other records or documents maintained by any law | ||
enforcement agency relating to a minor suspected of | ||
committing an offense or evidence of interaction with law | ||
enforcement. | ||
(0.1) (a) The Department of State Police and all law | ||
enforcement agencies within the State shall automatically | ||
expunge, on or before January 1 of each year, all 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; | ||
(2) no petition for delinquency or criminal charges | ||
were filed with the clerk of the circuit court relating to | ||
the arrest or law enforcement interaction documented in the | ||
records; and | ||
(3) 6 months have elapsed 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 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. | ||
(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 and law enforcement | ||
records. The clerk shall deliver a certified copy of the | ||
expungement order to the Department of 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 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 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 Department of 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 The court shall automatically order the | ||
expungement of the juvenile court and law enforcement records | ||
within 60 business days. For the purposes of 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 law enforcement record does not disqualify the | ||
remainder of his or her record from immediate automatic | ||
expungement. | ||
(1) Nothing in this subsection (1) precludes an eligible | ||
minor from obtaining expungement under subsection subsections | ||
(0.1), (0.2), or (0.3). 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 records are not eligible | ||
for automatic expungement under subsection subsections (0.1), | ||
(0.2), or (0.3), the
person may petition the court at any time | ||
for expungement of 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 Department of 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 pursuant to | ||
Section 5-615, and
the order of
supervision has since been | ||
successfully terminated; or
| ||
(d)
the minor was adjudicated for an offense which | ||
would be a Class B
misdemeanor, Class C misdemeanor, or a | ||
petty or business offense if committed by an adult.
| ||
(1.5) January 1, 2015 (Public Act 98-637) The Department of | ||
State Police shall allow a person to use the Access and Review | ||
process, established in the Department of State Police, for | ||
verifying that his or her law enforcement records relating to | ||
incidents occurring before his or her 18th birthday eligible | ||
under this Act have been expunged. | ||
(1.6) (Blank). January 1, 2015 (Public Act 98-637) January | ||
1, 2015 (Public Act 98-637) | ||
(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 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; provided that:
| ||
(a) (blank); or
| ||
(b) 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 records obtained from the clerk | ||
of the circuit court. | ||
(2.6) If a minor is referred to court then at the time of | ||
sentencing or 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 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) The petition for expungement for subsection (1) and | ||
(2) may include multiple offenses on the same petition and | ||
shall be substantially in the following form: | ||
IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||
........ JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
PETITION TO EXPUNGE JUVENILE RECORDS | ||
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2)) | ||
Now comes ............., petitioner, and respectfully requests
| ||
that this Honorable Court enter an order expunging all juvenile | ||
law enforcement and court records of petitioner and in support | ||
thereof states that:
Petitioner was arrested on ..... by the | ||
....... Police Department for the offense or offenses of | ||
......., and:
| ||
(Check All That Apply:)
| ||
( ) a. no petition or petitions were filed with the Clerk of | ||
the Circuit Court. | ||
( ) b. was charged with ...... and was found not delinquent
of | ||
the offense or offenses. | ||
( ) c. a petition or petitions were filed and the petition or | ||
petitions were dismissed without a finding of delinquency on | ||
..... | ||
( ) d. on ....... placed under supervision pursuant to Section | ||
5-615 of the Juvenile Court Act of 1987 and such order of | ||
supervision successfully terminated on ........ | ||
( ) e. was adjudicated for the offense or offenses, which would | ||
have been a Class B misdemeanor, a Class C misdemeanor, or a | ||
petty offense or business offense if committed by an adult. | ||
( ) f. was adjudicated for a Class A misdemeanor or felony, | ||
except 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, and 2 years have | ||
passed since the case was closed.
| ||
Petitioner .... has .... has not been arrested on charges in | ||
this or any county other than the charges listed above. If | ||
petitioner has been arrested on additional charges, please list | ||
the charges below:
| ||
Charge(s): ...... | ||
Arresting Agency or Agencies: ........... | ||
Disposition/Result: (choose from a. through f., above): .....
| ||
WHEREFORE, the petitioner respectfully requests this Honorable | ||
Court to (1) order all law enforcement agencies to expunge all | ||
records of petitioner to this incident or incidents, and (2) to | ||
order the Clerk of the Court to expunge all records concerning | ||
the petitioner regarding this incident or incidents. | ||
......................
| ||
Petitioner (Signature)
| ||
..........................
| ||
Petitioner's Street Address | ||
.....................
| ||
City, State, Zip Code | ||
............................. | ||
Petitioner's Telephone Number | ||
Pursuant to the penalties of perjury under the Code of Civil | ||
Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||
statements in this petition are true and correct, or on | ||
information and belief I believe the same to be true. | ||
...................... | ||
Petitioner (Signature)
| ||
first degree | ||
(3) The chief judge of the circuit in which an arrest was | ||
made or a charge
was brought or any
judge of that circuit | ||
designated by the chief judge
may, upon verified petition
of a | ||
person who is the subject of an arrest or a juvenile court | ||
proceeding
under subsection (1) or (2) of this Section, order | ||
the law enforcement
records or official court file, or both, to | ||
be expunged from the official
records of the arresting | ||
authority, the clerk of the circuit court and the
Department of | ||
State Police. The person whose records are to be expunged shall | ||
petition the court using the appropriate form containing his or | ||
her current address and shall promptly notify the clerk of the | ||
circuit court of any change of address. Notice
of the petition | ||
shall be served upon the State's Attorney or prosecutor charged | ||
with the duty of prosecuting the offense, the Department of | ||
State Police, and the arresting agency or agencies by the clerk | ||
of the circuit court. If an objection is filed within 45
days | ||
of the notice of the petition, the clerk of the circuit court | ||
shall set a date for hearing after the 45-day objection period. | ||
At the hearing the court shall hear evidence on whether the | ||
expungement should or should not be granted. Unless the State's | ||
Attorney or prosecutor, the Department of State Police, or an | ||
arresting agency objects to the expungement within 45
days of | ||
the notice, the court may enter an order granting expungement. | ||
The clerk shall forward a certified copy of the order to the | ||
Department of State Police and deliver a certified copy of the | ||
order to the arresting agency.
| ||
(3.1) The Notice of Expungement shall be in substantially | ||
the following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||
.... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
NOTICE
| ||
TO: State's Attorney
| ||
TO: Arresting Agency
| ||
| ||
................
| ||
................
| ||
| ||
................
| ||
................
| ||
TO: Illinois State Police
| ||
| ||
.....................
| ||
| ||
.....................
| ||
ATTENTION: Expungement
| ||
You are hereby notified that on ....., at ....., in courtroom | ||
..., located at ..., before the Honorable ..., Judge, or any | ||
judge sitting in his/her stead, I shall then and there present | ||
a Petition to Expunge Juvenile records in the above-entitled | ||
matter, at which time and place you may appear. | ||
...................... | ||
Petitioner's Signature | ||
...........................
| ||
Petitioner's Street Address | ||
.....................
| ||
City, State, Zip Code | ||
............................. | ||
Petitioner's Telephone Number | ||
PROOF OF SERVICE
| ||
On the ....... day of ......, 20..., I on oath state that I | ||
served this notice and true and correct copies of the | ||
above-checked documents by: | ||
(Check One:) | ||
delivering copies personally to each entity to whom they are | ||
directed; | ||
or | ||
by mailing copies to each entity to whom they are directed by | ||
depositing the same in the U.S. Mail, proper postage fully | ||
prepaid, before the hour of 5:00 p.m., at the United States | ||
Postal Depository located at ................. | ||
.........................................
| ||
| ||
Signature | ||
Clerk of the Circuit Court or Deputy Clerk | ||
Printed Name of Delinquent Minor/Petitioner: .... | ||
Address: ........................................ | ||
Telephone Number: ............................... | ||
(3.2) The Order of Expungement shall be in substantially | ||
the following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||
.... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner)
| ||
DOB ................ | ||
Arresting Agency/Agencies ...... | ||
ORDER OF EXPUNGEMENT
| ||
(705 ILCS 405/5-915 (SUBSECTION 3))
| ||
This matter having been heard on the petitioner's motion and | ||
the court being fully advised in the premises does find that | ||
the petitioner is indigent or has presented reasonable cause to | ||
waive all costs in this matter, IT IS HEREBY ORDERED that: | ||
( ) 1. Clerk of Court and Department of State Police costs | ||
are hereby waived in this matter. | ||
( ) 2. The Illinois State Police Bureau of Identification | ||
and the following law enforcement agencies expunge all records | ||
of petitioner relating to an arrest dated ...... for the | ||
offense of ...... | ||
Law Enforcement Agencies:
| ||
.........................
| ||
.........................
| ||
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||
Court expunge all records regarding the above-captioned case. | ||
ENTER: ......................
| ||
| ||
JUDGE | ||
DATED: ....... | ||
Name:
| ||
Attorney for:
| ||
Address:
City/State/Zip:
| ||
Attorney Number: | ||
(3.3) The Notice of Objection shall be in substantially the | ||
following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||
....................... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
NOTICE OF OBJECTION
| ||
TO:(Attorney, Public Defender, Minor)
| ||
.................................
| ||
.................................
| ||
TO:(Illinois State Police)
| ||
.................................
| ||
................................. | ||
TO:(Clerk of the Court)
| ||
.................................
| ||
.................................
| ||
TO:(Judge)
| ||
.................................
| ||
.................................
| ||
TO:(Arresting Agency/Agencies)
| ||
.................................
| ||
................................. | ||
ATTENTION:
You are hereby notified that an objection has been | ||
filed by the following entity regarding the above-named minor's | ||
petition for expungement of juvenile records: | ||
( ) State's Attorney's Office;
| ||
( ) Prosecutor (other than State's Attorney's Office) charged | ||
with the duty of prosecuting the offense sought to be expunged;
| ||
( ) Department of Illinois State Police; or
| ||
( ) Arresting Agency or Agencies.
| ||
The agency checked above respectfully requests that this case | ||
be continued and set for hearing on whether the expungement | ||
should or should not be granted.
| ||
DATED: ....... | ||
Name: | ||
Attorney For:
| ||
Address: | ||
City/State/Zip:
| ||
Telephone:
| ||
Attorney No.:
| ||
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| ||
This matter has been set for hearing on the foregoing | ||
objection, on ...... in room ...., located at ....., before the | ||
Honorable ....., Judge, or any judge sitting in his/her stead.
| ||
(Only one hearing shall be set, regardless of the number of | ||
Notices of Objection received on the same case).
| ||
A copy of this completed Notice of Objection containing the | ||
court date, time, and location, has been sent via regular U.S. | ||
Mail to the following entities. (If more than one Notice of | ||
Objection is received on the same case, each one must be | ||
completed with the court date, time and location and mailed to | ||
the following entities):
| ||
( ) Attorney, Public Defender or Minor;
| ||
( ) State's Attorney's Office; | ||
( ) Prosecutor (other than State's Attorney's Office) charged | ||
with the duty of prosecuting the offense sought to be expunged; | ||
( ) Department of Illinois State Police; and | ||
( ) Arresting agency or agencies.
| ||
Date: ...... | ||
Initials of Clerk completing this section: .....
| ||
(4)(a) Upon entry of an order expunging records or files, | ||
the offense, which
the records or files concern shall be | ||
treated as if it never occurred. Law
enforcement officers and | ||
other public offices and agencies shall properly reply
on | ||
inquiry that no record or file exists with respect to the
| ||
person.
| ||
(a-5) Local law enforcement agencies shall send written | ||
notice to the minor of the expungement of any records within 60 | ||
days of automatic expungement or the date of service of an | ||
expungement order, whichever applies. If a minor's court file | ||
has been expunged, the clerk of the circuit court shall send | ||
written notice to the minor of the expungement of any records | ||
within 60 days of automatic expungement or the date of service | ||
of an expungement order, whichever applies. | ||
(b) Except with respect to authorized military personnel, | ||
an expunged juvenile record may not be considered by any | ||
private or public entity in employment matters, certification, | ||
licensing, revocation of certification or licensure, or | ||
registration. Applications for employment within the State | ||
must contain specific language that states that the applicant | ||
is not obligated to disclose expunged juvenile records of | ||
adjudication or arrest. Employers may not ask, in any format or | ||
context, if an applicant has had a juvenile record expunged. | ||
Information about an expunged record obtained by a potential | ||
employer, even inadvertently, from an employment application | ||
that does not contain specific language that states that the | ||
applicant is not obligated to disclose expunged juvenile | ||
records of adjudication or arrest, shall be treated as | ||
dissemination of an expunged record by the employer. | ||
(c) A person whose juvenile records have been expunged is | ||
not entitled to remission of any fines, costs, or other money | ||
paid as a consequence of expungement. | ||
(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) Nothing in this Section shall be construed to prohibit | ||
the maintenance
of information relating to an offense after | ||
records or files concerning the
offense have been expunged if | ||
the information is kept in a manner that does not
enable | ||
identification of the individual. This information may only be | ||
used for anonymous
statistical and bona fide research purposes. | ||
(6.5) The Department of State Police or any employee of the | ||
Department shall be immune from civil or criminal liability for | ||
failure to expunge any records of arrest that are subject to | ||
expungement under this Section because of inability to verify a | ||
record. Nothing in this Section shall create Department of | ||
State Police liability or responsibility for the expungement of | ||
law enforcement records it does not possess. | ||
(7)(a) The State Appellate Defender shall establish, | ||
maintain, and carry out, by December 31, 2004, a juvenile | ||
expungement program
to provide information and assistance to | ||
minors eligible to have their juvenile records expunged.
| ||
(b) The State Appellate Defender shall develop brochures, | ||
pamphlets, and
other
materials in
printed form and through the | ||
agency's World Wide Web site. The pamphlets and
other materials | ||
shall
include at a minimum the following information:
| ||
(i) An explanation of the State's juvenile expungement | ||
laws, including both automatic expungement and expungement | ||
by petition; | ||
(ii) The circumstances under which juvenile | ||
expungement may occur; | ||
(iii) The juvenile offenses that may be expunged; | ||
(iv) The steps necessary to initiate and complete the | ||
juvenile expungement process;
and | ||
(v) Directions on how to contact the State Appellate | ||
Defender. | ||
(c) The State Appellate Defender shall establish and | ||
maintain a statewide
toll-free telephone
number that a person | ||
may use to receive information or assistance concerning
the | ||
expungement of juvenile records. The State Appellate
Defender | ||
shall advertise
the toll-free telephone number statewide. The | ||
State Appellate Defender shall
develop an expungement
| ||
information packet that may be sent to eligible persons seeking | ||
expungement of
their juvenile records,
which may include, but | ||
is not limited to, a pre-printed expungement petition
with | ||
instructions on how
to complete the petition and a pamphlet | ||
containing information that would
assist individuals through
| ||
the juvenile expungement process. | ||
(d) The State Appellate Defender shall compile a statewide | ||
list of volunteer
attorneys willing
to assist eligible | ||
individuals through the juvenile expungement process. | ||
(e) This Section shall be implemented from funds | ||
appropriated by the General
Assembly to the State
Appellate | ||
Defender
for this purpose. The State Appellate Defender shall | ||
employ the necessary staff
and adopt the
necessary rules for | ||
implementation of this Section. | ||
(7.5) (a) Willful dissemination of any information | ||
contained in an expunged record shall be treated as a Class C | ||
misdemeanor and punishable by a fine of $1,000 per violation. | ||
(b) Willful dissemination for financial gain of any | ||
information contained in an expunged record shall be treated as | ||
a Class 4 felony. Dissemination for financial gain by an | ||
employee of any municipal, county, or State agency, including | ||
law enforcement, shall result in immediate termination. | ||
(c) The person whose record was expunged has a right of | ||
action against any person who intentionally disseminates an | ||
expunged record. In the proceeding, punitive damages up to an | ||
amount of $1,000 may be sought in addition to any actual | ||
damages. The prevailing party shall be entitled to costs and | ||
reasonable attorney fees. | ||
(d) The punishments for dissemination of an expunged record | ||
shall never apply to the person whose record was expunged. | ||
(8)(a) An expunged juvenile record may not be considered by | ||
any private or public entity in employment matters, | ||
certification, licensing, revocation of certification or | ||
licensure, or registration. Applications for employment must | ||
contain specific language that states that the applicant is not | ||
obligated to disclose expunged juvenile records of | ||
adjudication, conviction, or arrest. Employers may not ask if | ||
an applicant has had a juvenile record expunged. Effective | ||
January 1, 2005, the Department of Labor shall develop a link | ||
on the Department's website to inform employers that employers | ||
may not ask if an applicant had a juvenile record expunged and | ||
that application for employment must contain specific language | ||
that states that the applicant is not obligated to disclose | ||
expunged juvenile records of adjudication, arrest, or | ||
conviction. | ||
(b) (Blank). Public Act 93-912 | ||
(c) The expungement of juvenile records under subsection | ||
subsections 0.1, 0.2, or 0.3 of this Section shall be funded by | ||
the additional fine imposed under Section 5-9-1.17 of the | ||
Unified Code of Corrections. | ||
(9) (Blank). | ||
(10) (Blank). Public Act 98-637 Public Act 98-637 | ||
(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; | ||
100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised | ||
10-10-17.)
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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