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Public Act 099-0835


 

Public Act 0835 99TH GENERAL ASSEMBLY

  
  
  

 


 
Public Act 099-0835
 
HB5017 EnrolledLRB099 15629 RLC 43319 b

    AN ACT concerning courts.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-915 as follows:
 
    (705 ILCS 405/5-915)
    Sec. 5-915. Expungement of juvenile law enforcement and
court records.
    (0.05) For purposes of this Section and Section 5-622:
        "Expunge" means to physically destroy the records and
    to obliterate the minor's name from any official index or
    public record, or both. Nothing in this Act shall require
    the physical destruction of the internal office records,
    files, or databases maintained by a State's Attorney's
    Office or other prosecutor.
        "Law enforcement record" includes but is not limited to
    records of arrest, station adjustments, fingerprints,
    probation adjustments, the issuance of a notice to appear,
    or any other records maintained by a law enforcement agency
    relating to a minor suspected of committing an offense.
    (1) Whenever 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, 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 any
person has attained the age of 18 or whenever 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, that person
have been terminated, whichever is later, the person may
petition the court to expunge law enforcement records relating
to incidents occurring before his or her 18th birthday or his
or her juvenile court records, or both, but only in any of the
following circumstances:
        (a) the minor was arrested and no petition for
    delinquency was filed with the clerk of the circuit court;
    or
        (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; or
        (c) the minor was placed under supervision pursuant to
    Section 5-615, and the order of supervision has since been
    successfully terminated; or
        (d) the minor was adjudicated for an offense which
    would be a Class B misdemeanor, Class C misdemeanor, or a
    petty or business offense if committed by an adult.
    (1.5) Commencing 180 days after the effective date of this
amendatory Act of the 98th General Assembly, the Department of
State Police shall automatically expunge, on or before January
1 of each year, a person's law enforcement records which are
not subject to subsection (1) relating to incidents occurring
before his or her 18th birthday in the Department's possession
or control and which contains the final disposition which
pertain to the person when arrested as a minor if:
        (a) the minor was arrested for an eligible offense and
    no petition for delinquency was filed with the clerk of the
    circuit court; and
        (b) the person attained the age of 18 years during the
    last calendar year; and
        (c) since the date of the minor's most recent arrest,
    at least 6 months have elapsed without an additional
    arrest, filing of a petition for delinquency whether
    related or not to a previous arrest, or filing of charges
    not initiated by arrest.
    The Department of State Police shall allow a person to use
the Access and Review process, established in the Department of
State Police, for verifying that his or her law enforcement
records relating to incidents occurring before his or her 18th
birthday eligible under this subsection have been expunged as
provided in this subsection.
    The Department of State Police shall provide by rule the
process for access, review, and automatic expungement.
    (1.6) Commencing on the effective date of this amendatory
Act of the 98th General Assembly, a person whose law
enforcement records are not subject to subsection (1) or (1.5)
of this Section and who has attained the age of 18 years may
use the Access and Review process, established in the
Department of State Police, for verifying his or her law
enforcement records relating to incidents occurring before his
or her 18th birthday in the Department's possession or control
which pertain to the person when arrested as a minor, if the
incident occurred no earlier than 30 years before the effective
date of this amendatory Act of the 98th General Assembly. If
the person identifies a law enforcement record of an eligible
offense that meets the requirements of this subsection,
paragraphs (a) and (c) of subsection (1.5) of this Section, and
all juvenile court proceedings related to the person have been
terminated, the person may file a Request for Expungement of
Juvenile Law Enforcement Records, in the form and manner
prescribed by the Department of State Police, with the
Department and the Department shall consider expungement of the
record as otherwise provided for automatic expungement under
subsection (1.5) of this Section. The person shall provide
notice and a copy of the Request for Expungement of Juvenile
Law Enforcement Records to the arresting agency, prosecutor
charged with the prosecution of the minor, or the State's
Attorney of the county that prosecuted the minor. The
Department of State Police shall provide by rule the process
for access, review, and Request for Expungement of Juvenile Law
Enforcement Records.
    (1.7) Nothing in subsections (1.5) and (1.6) of this
Section precludes a person from filing a petition under
subsection (1) for expungement of records subject to automatic
expungement under that subsection (1) or subsection (1.5) or
(1.6) of this Section.
    (1.8) For the purposes of subsections (1.5) and (1.6) of
this Section, "eligible offense" means records relating to an
arrest or incident occurring before the person's 18th birthday
that if committed by an adult is not an offense classified as a
Class 2 felony or higher offense, an offense under Article 11
of the Criminal Code of 1961 or the Criminal Code of 2012, or
an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
of the Criminal Code of 1961.
    (2) Any person may petition the court to expunge all law
enforcement records relating to any incidents occurring before
his or her 18th birthday which did not result in proceedings in
criminal court and all juvenile court records with respect to
any adjudications except those based upon first degree murder
and sex offenses which would be felonies if committed by an
adult, if the person for whom expungement is sought has had no
convictions for any crime since his or her 18th birthday and:
        (a) has attained the age of 21 years; or
        (b) 5 years have elapsed since all juvenile court
    proceedings relating to him or her have been terminated or
    his or her commitment to the Department of Juvenile Justice
    pursuant to this Act has been terminated;
whichever is later of (a) or (b). Nothing in this Section 5-915
precludes a minor from obtaining expungement under Section
5-622.
    (2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court as
provided in paragraph (a) of subsection (1) at the time the
minor is released from custody, the youth officer, if
applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that if the State's Attorney
does not file a petition for delinquency, the minor has a right
to petition to have his or her arrest record expunged when the
minor attains the age of 18 or when all juvenile court
proceedings relating to that minor have been terminated and
that unless a petition to expunge is filed, the minor shall
have an arrest record and shall provide the minor and the
minor's parents or guardians with an expungement information
packet, including a petition to expunge juvenile records
obtained from the clerk of the circuit court.
    (2.6) If a minor is charged with an offense and is found
not delinquent of that offense; or if a minor is placed under
supervision under Section 5-615, and the order of supervision
is successfully terminated; or if a minor is adjudicated for an
offense that would be a Class B misdemeanor, a Class C
misdemeanor, or a business or petty offense if committed by an
adult; or if a minor has incidents occurring before his or her
18th birthday that have not resulted in proceedings in criminal
court, or resulted in proceedings in juvenile court, and the
adjudications were not based upon first degree murder or sex
offenses that would be felonies if committed by an adult; then
at the time of sentencing or dismissal of the case, the judge
shall inform the delinquent minor of his or her right to
petition for expungement as provided by law, and the clerk of
the circuit court shall provide an expungement information
packet to the delinquent minor, written in plain language,
including a petition for expungement, a sample of a completed
petition, expungement instructions that shall include
information informing the minor that (i) once the case is
expunged, it shall be treated as if it never occurred, (ii) he
or she may apply to have petition fees waived, (iii) once he or
she obtains an expungement, he or she may not be required to
disclose that he or she had a juvenile record, and (iv) he or
she may file the petition on his or her own or with the
assistance of an attorney. The failure of the judge to inform
the delinquent minor of his or her right to petition for
expungement as provided by law does not create a substantive
right, nor is that failure grounds for: (i) a reversal of an
adjudication of delinquency, (ii) a new trial; or (iii) an
appeal.
    (2.7) For counties with a population over 3,000,000, the
clerk of the circuit court shall send a "Notification of a
Possible Right to Expungement" post card to the minor at the
address last received by the clerk of the circuit court on the
date that the minor attains the age of 18 based on the
birthdate provided to the court by the minor or his or her
guardian in cases under paragraphs (b), (c), and (d) of
subsection (1); and when the minor attains the age of 21 based
on the birthdate provided to the court by the minor or his or
her guardian in cases under subsection (2).
    (2.8) The petition for expungement for subsection (1) may
include multiple offenses on the same petition and shall be
substantially in the following form:
IN THE CIRCUIT COURT OF ......, ILLINOIS
........ JUDICIAL CIRCUIT

 
IN THE INTEREST OF )    NO.
                   )
                   )
...................)
(Name of Petitioner)
 
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 1))
Now comes ............., petitioner, and respectfully requests
that this Honorable Court enter an order expunging all juvenile
law enforcement and court records of petitioner and in support
thereof states that: Petitioner has attained the age of ....
18, his/her birth date being ......, or all Juvenile Court
proceedings terminated as of ......, whichever occurred later.
Petitioner was arrested on ..... by the ....... Police
Department for the offense or offenses of ......., and:
(Check All That Apply:)
( ) 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.
Petitioner .... has .... has not been arrested on charges in
this or any county other than the charges listed above. If
petitioner has been arrested on additional charges, please list
the charges below:
Charge(s): ......
Arresting Agency or Agencies: ...........
Disposition/Result: (choose from a. through e., above): .....
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner to this incident or incidents, and (2) to
order the Clerk of the Court to expunge all records concerning
the petitioner regarding this incident or incidents.
 
......................
Petitioner (Signature)

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

 
.....................
City, State, Zip Code

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

 
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
 
......................
Petitioner (Signature)
The Petition for Expungement for subsection (2) shall be
substantially in the following form:
 
IN THE CIRCUIT COURT OF ........, ILLINOIS
........ JUDICIAL CIRCUIT

 
IN THE INTEREST OF )    NO.
                   )
                   )
...................)
(Name of Petitioner)
 
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 2))
(Please prepare a separate petition for each offense)
Now comes ............, petitioner, and respectfully requests
that this Honorable Court enter an order expunging all Juvenile
Law Enforcement and Court records of petitioner and in support
thereof states that:
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th birthday and did not
result in proceedings in criminal court and the Petitioner has
not had any convictions for any crime since his/her 18th
birthday; and
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th birthday and the
adjudication was not based upon first-degree murder or sex
offenses which would be felonies if committed by an adult, and
the Petitioner has not had any convictions for any crime since
his/her 18th birthday.
Petitioner was arrested on ...... by the ....... Police
Department for the offense of ........, and:
(Check whichever one occurred the latest:)
( ) a. The Petitioner has attained the age of 21 years, his/her
birthday being .......; or
( ) b. 5 years have elapsed since all juvenile court
proceedings relating to the Petitioner have been terminated; or
the Petitioner's commitment to the Department of Juvenile
Justice pursuant to the expungement of juvenile law enforcement
and court records provisions of the Juvenile Court Act of 1987
has been terminated. Petitioner ...has ...has not been arrested
on charges in this or any other county other than the charge
listed above. If petitioner has been arrested on additional
charges, please list the charges below:
Charge(s): ..........
Arresting Agency or Agencies: .......
Disposition/Result: (choose from a or b, above): ..........
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner related to this incident, and (2) to
order the Clerk of the Court to expunge all records concerning
the petitioner regarding this incident.
 
.......................
Petitioner (Signature)

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

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

 
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
......................
Petitioner (Signature)
    (3) The chief judge of the circuit in which an arrest was
made or a charge was brought or any judge of that circuit
designated by the chief judge may, upon verified petition of a
person who is the subject of an arrest or a juvenile court
proceeding under subsection (1) or (2) of this Section, order
the law enforcement records or official court file, or both, to
be expunged from the official records of the arresting
authority, the clerk of the circuit court and the Department of
State Police. The person whose records are to be expunged shall
petition the court using the appropriate form containing his or
her current address and shall promptly notify the clerk of the
circuit court of any change of address. Notice of the petition
shall be served upon the State's Attorney or prosecutor charged
with the duty of prosecuting the offense, the Department of
State Police, and the arresting agency or agencies by the clerk
of the circuit court. If an objection is filed within 45 days
of the notice of the petition, the clerk of the circuit court
shall set a date for hearing after the 45 day objection period.
At the hearing the court shall hear evidence on whether the
expungement should or should not be granted. Unless the State's
Attorney or prosecutor, the Department of State Police, or an
arresting agency objects to the expungement within 45 days of
the notice, the court may enter an order granting expungement.
The person whose records are to be expunged shall pay the clerk
of the circuit court a fee equivalent to the cost associated
with expungement of records by the clerk and the Department of
State Police. The clerk shall forward a certified copy of the
order to the Department of State Police, the appropriate
portion of the fee to the Department of State Police for
processing, and deliver a certified copy of the order to the
arresting agency.
    (3.1) The Notice of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT

 
IN THE INTEREST OF )    NO.
                   )
                   )
...................)
(Name of Petitioner)
 
NOTICE
TO:  State's Attorney
TO:  Arresting Agency
................
................
................
................
TO:  Illinois State Police
.....................
.....................
ATTENTION: Expungement
You are hereby notified that on ....., at ....., in courtroom
..., located at ..., before the Honorable ..., Judge, or any
judge sitting in his/her stead, I shall then and there present
a Petition to Expunge Juvenile records in the above-entitled
matter, at which time and place you may appear.
......................
Petitioner's Signature
...........................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
PROOF OF SERVICE
On the ....... day of ......, 20..., I on oath state that I
served this notice and true and correct copies of the
above-checked documents by:
(Check One:)
delivering copies personally to each entity to whom they are
directed;
or
by mailing copies to each entity to whom they are directed by
depositing the same in the U.S. Mail, proper postage fully
prepaid, before the hour of 5:00 p.m., at the United States
Postal Depository located at .................
.........................................
Signature
Clerk of the Circuit Court or Deputy Clerk
Printed Name of Delinquent Minor/Petitioner: ....
Address: ........................................
Telephone Number: ...............................
    (3.2) The Order of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT

 
IN THE INTEREST OF )    NO.
                   )
                   )
...................)
(Name of Petitioner)
 
DOB ................
Arresting Agency/Agencies ......
ORDER OF EXPUNGEMENT
(705 ILCS 405/5-915 (SUBSECTION 3))
This matter having been heard on the petitioner's motion and
the court being fully advised in the premises does find that
the petitioner is indigent or has presented reasonable cause to
waive all costs in this matter, IT IS HEREBY ORDERED that:
    ( ) 1. Clerk of Court and Department of State Police costs
are hereby waived in this matter.
    ( ) 2. The Illinois State Police Bureau of Identification
and the following law enforcement agencies expunge all records
of petitioner relating to an arrest dated ...... for the
offense of ......
Law Enforcement Agencies:
.........................
.........................
    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
Court expunge all records regarding the above-captioned case.
ENTER: ......................
JUDGE
DATED: .......
Name:
Attorney for:
Address: City/State/Zip:
Attorney Number:
    (3.3) The Notice of Objection shall be in substantially the
following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
....................... JUDICIAL CIRCUIT

 
IN THE INTEREST OF )    NO.
                   )
                   )
...................)
(Name of Petitioner)
 
NOTICE OF OBJECTION
TO:(Attorney, Public Defender, Minor)
.................................
.................................
TO:(Illinois State Police)
.................................
.................................
TO:(Clerk of the Court)
.................................
.................................
TO:(Judge)
.................................
.................................
TO:(Arresting Agency/Agencies)
.................................
.................................
ATTENTION: You are hereby notified that an objection has been
filed by the following entity regarding the above-named minor's
petition for expungement of juvenile records:
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; or
( ) Arresting Agency or Agencies.
The agency checked above respectfully requests that this case
be continued and set for hearing on whether the expungement
should or should not be granted.
DATED: .......
Name:
Attorney For:
Address:
City/State/Zip:
Telephone:
Attorney No.:
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
This matter has been set for hearing on the foregoing
objection, on ...... in room ...., located at ....., before the
Honorable ....., Judge, or any judge sitting in his/her stead.
(Only one hearing shall be set, regardless of the number of
Notices of Objection received on the same case).
A copy of this completed Notice of Objection containing the
court date, time, and location, has been sent via regular U.S.
Mail to the following entities. (If more than one Notice of
Objection is received on the same case, each one must be
completed with the court date, time and location and mailed to
the following entities):
( ) Attorney, Public Defender or Minor;
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; and
( ) Arresting agency or agencies.
Date: ......
Initials of Clerk completing this section: .....
    (4) Upon entry of an order expunging records or files, the
offense, which the records or files concern shall be treated as
if it never occurred. Law enforcement officers and other public
offices and agencies shall properly reply on inquiry that no
record or file exists with respect to the person.
    (5) Records which have not been expunged are sealed, and
may be obtained only under the provisions of Sections 5-901,
5-905 and 5-915.
    (6) Nothing in this Section shall be construed to prohibit
the maintenance of information relating to an offense after
records or files concerning the offense have been expunged if
the information is kept in a manner that does not enable
identification of the offender. This information may only be
used for statistical and bona fide research purposes.
    (6.5) The Department of State Police or any employee of the
Department shall be immune from civil or criminal liability for
failure to expunge any records of arrest that are subject to
expungement under subsection (1.5) or (1.6) of this Section
because of inability to verify a record. Nothing in subsection
(1.5) or (1.6) of this Section shall create Department of State
Police liability or responsibility for the expungement of law
enforcement records it does not possess.
    (7)(a) The State Appellate Defender shall establish,
maintain, and carry out, by December 31, 2004, a juvenile
expungement program to provide information and assistance to
minors eligible to have their juvenile records expunged.
    (b) The State Appellate Defender shall develop brochures,
pamphlets, and other materials in printed form and through the
agency's World Wide Web site. The pamphlets and other materials
shall include at a minimum the following information:
        (i) An explanation of the State's juvenile expungement
    process;
        (ii) The circumstances under which juvenile
    expungement may occur;
        (iii) The juvenile offenses that may be expunged;
        (iv) The steps necessary to initiate and complete the
    juvenile expungement process; and
        (v) Directions on how to contact the State Appellate
    Defender.
    (c) The State Appellate Defender shall establish and
maintain a statewide toll-free telephone number that a person
may use to receive information or assistance concerning the
expungement of juvenile records. The State Appellate Defender
shall advertise the toll-free telephone number statewide. The
State Appellate Defender shall develop an expungement
information packet that may be sent to eligible persons seeking
expungement of their juvenile records, which may include, but
is not limited to, a pre-printed expungement petition with
instructions on how to complete the petition and a pamphlet
containing information that would assist individuals through
the juvenile expungement process.
    (d) The State Appellate Defender shall compile a statewide
list of volunteer attorneys willing to assist eligible
individuals through the juvenile expungement process.
    (e) This Section shall be implemented from funds
appropriated by the General Assembly to the State Appellate
Defender for this purpose. The State Appellate Defender shall
employ the necessary staff and adopt the necessary rules for
implementation of this Section.
    (8)(a) Except with respect to law enforcement agencies, the
Department of Corrections, State's Attorneys, or other
prosecutors, an expunged juvenile record may not be considered
by any private or public entity in employment matters,
certification, licensing, revocation of certification or
licensure, or registration. Applications for employment must
contain specific language that states that the applicant is not
obligated to disclose expunged juvenile records of conviction
or arrest. Employers may not ask if an applicant has had a
juvenile record expunged. Effective January 1, 2005, the
Department of Labor shall develop a link on the Department's
website to inform employers that employers may not ask if an
applicant had a juvenile record expunged and that application
for employment must contain specific language that states that
the applicant is not obligated to disclose expunged juvenile
records of arrest or conviction.
    (b) A person whose juvenile records have been expunged is
not entitled to remission of any fines, costs, or other money
paid as a consequence of expungement. This amendatory Act of
the 93rd General Assembly does not affect the right of the
victim of a crime to prosecute or defend a civil action for
damages.
    (c) The expungement of juvenile records under Section 5-622
shall be funded by the additional fine imposed under Section
5-9-1.17 of the Unified Code of Corrections and additional
appropriations made by the General Assembly for such purpose.
    (9) The changes made to this Section by Public Act 98-61
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).
    (10) The changes made in subsection (1.5) of this Section
by this amendatory Act of the 98th General Assembly apply to
law enforcement records of a minor who has been arrested or
taken into custody on or after January 1, 2015. The changes
made in subsection (1.6) of this Section by this amendatory Act
of the 98th General Assembly apply to law enforcement records
of a minor who has been arrested or taken into custody before
January 1, 2015.
(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
eff. 7-16-14.)

Effective Date: 1/1/2017