HB4566 Enrolled

LRB093 19428 RLC 45166 b






1
    AN ACT concerning minors.

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


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



6
    (705 ILCS 405/5-915)



7
    Sec. 5-915. Expungement of juvenile law enforcement and 
8
juvenile court records. 

9
    (1) Whenever any person has attained the age of 17 or 
10
whenever all juvenile
court proceedings relating to that person 
11
have been terminated, whichever is
later, the person may 
12
petition the court to expunge law enforcement records
relating 
13
to incidents occurring before his or her 17th birthday or his 
14
or her
juvenile court
records, or both, but only in the 
15
following circumstances:


16
        (a) the minor was arrested and no petition for 
17
    delinquency was filed with
the clerk of the circuit court; 
18
    or


19
        (b) the minor was charged with an offense and was found 
20
    not delinquent of
that offense; or


21
        (c) the minor was placed under supervision pursuant to 
22
    Section 5-615, and
the order of
supervision has since been 
23
    successfully terminated; or


24
        (d)
the minor was adjudicated for an offense which 
25
    would be a Class B
misdemeanor, Class C misdemeanor, or a 
26
    petty or business offense if committed by an adult.

27
    (2) Any person may petition the court to expunge all law 
28
enforcement records
relating to any
incidents occurring before 
29
his or her 17th birthday which did not result in
proceedings in 
30
criminal court and all juvenile court records with respect to

31
any adjudications except those based upon first degree
murder 
32
and
sex offenses which would be felonies if committed by an 
 


 






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adult, if the person
for whom expungement is sought has had no

2
convictions for any crime since his or her 17th birthday and:


3
        (a) has attained the age of 21 years; or


4
        (b) 5 years have elapsed since all juvenile court 
5
    proceedings relating to
him or her have been terminated or 
6
    his or her commitment to the Department of
Corrections, 
7
    Juvenile Division
pursuant to this Act has been terminated;

8
whichever is later of (a) or (b).
9
    (2.5) If a minor is arrested and no petition for 
10
delinquency is filed with the clerk of the circuit court as 
11
provided in paragraph (a) of subsection (1) at the time the 
12
minor is released from custody, the youth officer, if 
13
applicable, or other designated person from the arresting 
14
agency, shall notify verbally and in writing to the minor or 
15
the minor's parents or guardians that if the State's Attorney 
16
does not file a petition for delinquency, the minor has a right 
17
to petition to have his or her arrest record expunged when the 
18
minor attains the age of 17 or when all juvenile court 
19
proceedings relating to that minor have been terminated and 
20
that unless a petition to expunge is filed, the minor shall 
21
have an arrest record and shall provide the minor and the 
22
minor's parents or guardians with an expungement information 
23
packet, including a petition to expunge juvenile records 
24
obtained from the clerk of the circuit court.
25
    (2.6) If a minor is charged with an offense and is found 
26
not delinquent of that offense; or if a minor is placed under 
27
supervision under Section 5-615, and the order of supervision 
28
is successfully terminated; or  if a minor is adjudicated for an 
29
offense that would be a Class B misdemeanor, a Class C 
30
misdemeanor, or a business or petty offense if committed by an 
31
adult; or if a minor has incidents occurring before his or her 
32
17th birthday that have not resulted in proceedings in criminal 
33
court, or resulted in proceedings in juvenile court, and the 
34
adjudications were not based upon first degree murder or sex 
35
offenses that would be felonies if committed by an adult; then 
36
at the time of sentencing or dismissal of the case, the judge 
 


 






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LRB093 19428 RLC 45166 b




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shall inform the delinquent minor of his or her right to 
2
petition for expungement as provided by law, and the clerk of 
3
the circuit court shall provide an expungement information 
4
packet to the delinquent minor, written in plain language, 
5
including a petition for expungement, a sample of a completed 
6
petition, expungement instructions that shall include 
7
information informing the minor that (i) once the case is 
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expunged, it shall be treated as if it never occurred, (ii) he 
9
or she may apply to have petition fees waived, (iii) once he or 
10
she obtains an expungement, he or she may not be required to 
11
disclose that he or she had a juvenile record, and (iv) he or 
12
she may file the petition on his or her own or with the 
13
assistance of an attorney. The failure of the judge to inform 
14
the delinquent minor of his or her right to petition for 
15
expungement as provided by law does not create a substantive 
16
right, nor is that failure grounds for: (i) a reversal of an 
17
adjudication of delinquency, (ii) a new trial; or (iii) an 
18
appeal.
19
    (2.7) For counties with a population over 3,000,000, the 
20
clerk of the circuit court shall send a "Notification of a 
21
Possible Right to Expungement" post card to the minor at the 
22
address last received by the clerk of the circuit court on the 
23
date that the minor attains the age of 17 based on the 
24
birthdate provided to the court by the minor or his or her 
25
guardian in cases under paragraphs (b), (c),  and (d) of 
26
subsection (1); and when the minor attains the age of 21 based 
27
on the birthdate provided to the court by the minor or his or 
28
her guardian in cases under subsection (2).
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    (2.8) The petition for expungement for subsection (1)  shall 
30
be substantially in the following form:
 
31

IN THE CIRCUIT COURT OF ......, ILLINOIS


32

........JUDICIAL CIRCUIT


33
IN THE INTEREST OF )

34
NO.
35


 


 






HB4566 Enrolled
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LRB093 19428 RLC 45166 b




1
)

2


3
)
4
...................)
5
(Name of Petitioner)
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PETITION TO EXPUNGE JUVENILE RECORDS
7

(705 ILCS 405/5-915 (SUBSECTION 1))
8

(Please prepare a separate petition for each offense)
9
Now comes ............., petitioner, and respectfully requests

10
that this Honorable Court enter an order expunging all juvenile 
11
law enforcement and court records of petitioner and in support 
12
thereof states that:
Petitioner has attained the age of 17, 
13
his/her birth date being ......, or all
Juvenile Court 
14
proceedings terminated as of ......, whichever occurred later.


15
Petitioner was arrested on ..... by the ....... Police 
16
Department for the offense of ......., and:

17
(Check One:)

18
( ) a. no petition was filed with the Clerk of the Circuit 
19
Court.
20
( ) b. was charged with ...... and was found not delinquent
        of 
21
the offense.
22
( ) c. a petition was filed and the petition was dismissed 
23
without a finding of delinquency on .....
24
( ) d. on ....... placed under supervision pursuant to Section 
25
5-615 of the Juvenile Court Act of 1987 and such order of 
26
supervision successfully terminated on ........
27
( ) e. was adjudicated for the offense, which would have been a 
28
Class B misdemeanor, a Class C misdemeanor, or a petty offense 
29
or business offense if committed by an adult.

30
Petitioner .... has  .... has not  been arrested on charges in 
31
this or any county other than the charges listed above.  If 
32
petitioner has been arrested on additional charges, please list 
33
the charges below:

34
Charge(s): ......
35
Arresting Agency or Agencies: ...........
36
Disposition/Result: (choose from a. through e., above): .....

 


 






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LRB093 19428 RLC 45166 b




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WHEREFORE, the petitioner respectfully requests this Honorable 
2
Court to (1) order all law enforcement agencies to expunge all 
3
records of petitioner to this incident, and (2) to order the 
4
Clerk of the Court to expunge all records concerning the 
5
petitioner regarding this incident.
 
6

......................


7

Petitioner (Signature)




 
8

..........................




9

Petitioner's Street Address

 
10

.....................




11

City, State, Zip Code

 
12

.............................
13

Petitioner's Telephone Number

 
14
Pursuant to the penalties of perjury under the Code of Civil 
15
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
16
statements in this petition are true and correct, or on 
17
information and belief I believe the same to be true.
 
18

......................
19

Petitioner (Signature)


20
The Petition for Expungement for subsection (2) shall be 
21
substantially in the following form:
 
22

IN THE CIRCUIT COURT OF ........, ILLINOIS
23

........ JUDICIAL CIRCUIT
24
IN THE INTEREST OF )

25
NO.

26


27
)

28


29
)
 


 






HB4566 Enrolled
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LRB093 19428 RLC 45166 b




1
...................)
2
(Name of Petitioner)
3

PETITION TO EXPUNGE JUVENILE RECORDS


4

(705 ILCS 405/5-915 (SUBSECTION 2))


5

(Please prepare a separate petition for each offense)


6
Now comes ............, petitioner, and respectfully requests 
7
that this Honorable Court enter an order expunging all Juvenile 
8
Law Enforcement and Court records of petitioner and in support 
9
thereof states that:
10
The incident for which the Petitioner seeks expungement 
11
occurred before the Petitioner's 17th birthday and did not 
12
result in proceedings in criminal court and the Petitioner has 
13
not had any convictions for any crime since his/her 17th 
14
birthday; and

15
The incident for which the Petitioner seeks expungement 
16
occurred before the Petitioner's 17th birthday and the 
17
adjudication was not based upon first-degree murder or sex 
18
offenses which would be felonies if committed by an adult, and 
19
the Petitioner has not had any convictions for any crime since 
20
his/her 17th birthday.
21
Petitioner was arrested on ...... by the ....... Police 
22
Department for the offense of ........, and:
23
(Check whichever one occurred the latest:)
24
( ) a. The Petitioner has attained the age of 21 years, his/her 
25
birthday being .......; or
26
( ) b. 5 years have elapsed since all juvenile court 
27
proceedings relating to the Petitioner have been terminated; or 
28
the Petitioner's commitment to the Department of Corrections, 
29
Juvenile Division, pursuant to the expungement of juvenile law 
30
enforcement and  court records provisions of the Juvenile Court 
31
Act of 1987 has been terminated.

Petitioner ...has ...has not 
32
been arrested on charges in this or any other county other than 
33
the charge listed above.  If petitioner has been arrested on 
34
additional charges, please list the charges below:
35
Charge(s):  ..........
36
Arresting Agency or Agencies: .......
 


 






HB4566 Enrolled
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LRB093 19428 RLC 45166 b




1
Disposition/Result: (choose from a or b, above): ..........
2
WHEREFORE, the petitioner respectfully requests this Honorable 
3
Court to (1) order all law enforcement agencies to expunge all 
4
records of petitioner related to this incident, and (2) to 
5
order the Clerk of the Court to expunge all records concerning 
6
the petitioner regarding this incident.
 
7

.......................


8

Petitioner (Signature)

 
9

......................
10

Petitioner's Street Address

 


11

.....................
12

City, State, Zip Code
13

.............................
14

Petitioner's Telephone Number

 

15
Pursuant to the penalties of perjury under the Code of Civil 
16
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
17
statements in this petition are true and correct, or on 
18
information and belief I believe the same to be true.
19

......................
20

Petitioner (Signature)


21
    (3) The chief judge of the circuit in which an arrest was 
22
made or a charge
was brought or any
judge of that circuit 
23
designated by the chief judge
may, upon verified petition
of a 
24
person who is the subject of an arrest or a juvenile court 
25
proceeding
under subsection (1) or (2) of this Section, order 
26
the law enforcement
records or official court file, or both, to 
27
be expunged from the official
records of the arresting 
28
authority, the clerk of the circuit court and the
Department of 
29
State Police. The person whose records are to be expunged shall 
30
petition the court using the appropriate form containing his or 
31
her current address and shall promptly notify the clerk of the 
32
circuit court of any change of address.  Notice

of the petition 
 


 






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LRB093 19428 RLC 45166 b




1
shall be served upon the State's Attorney or prosecutor charged 
2
with the duty of prosecuting the offense, the Department of 
3
State Police, and the arresting agency or agencies by the clerk 
4
of the circuit court.  If an objection is filed within 90 days 
5
of the notice of the petition, the clerk of the circuit court 
6
shall set a date for hearing after the 90 day objection period.  
7
At the hearing the court shall hear evidence on whether the 
8
expungement should or should not be granted.  Unless the State's 
9
Attorney or prosecutor, the Department of State Police, or an 
10
arresting agency objects to the expungement within 90 days of 
11
the notice, the court may enter an order granting expungement.  
12
The person whose records are to be expunged shall pay the clerk 
13
of the circuit court a fee equivalent to the cost associated 
14
with expungement of records by the clerk and the Department of 
15
State Police.  The clerk shall forward a certified copy of the 
16
order to the Department of State Police, the appropriate 
17
portion of the fee to the Department of State Police for 
18
processing, and deliver a certified copy of the order to the 
19
arresting agency.
and upon the
arresting authority which is the 
20
subject of the petition for expungement.
21
    (3.1) The Notice of Expungement shall be in substantially 
22
the following form:
23

IN THE CIRCUIT COURT OF ....., ILLINOIS


24

.... JUDICIAL CIRCUIT


25
IN THE INTEREST OF )

26
NO.

27


28
)

29


30
)
31
...................)
32
(Name of Petitioner)
33

NOTICE


34
TO:  State's Attorney

35
TO:  Arresting Agency

36


 


 






HB4566 Enrolled
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LRB093 19428 RLC 45166 b




1
................

2
................

3


4
................

5
................

6
TO:  Illinois State Police

7


8
.....................

9


10
.....................


11
ATTENTION: Expungement

12
You are hereby notified that on ....., at ....., in courtroom 
13
..., located at ..., before the Honorable ..., Judge, or any 
14
judge sitting in his/her stead, I shall then and there present 
15
a Petition to Expunge Juvenile records in the above-entitled 
16
matter, at which time and place you may appear.
17

......................
18

Petitioner's Signature
19

...........................


20

Petitioner's Street Address
21

.....................


22

City, State, Zip Code
23

.............................
24

Petitioner's Telephone Number
25

PROOF OF SERVICE


26
On the ....... day of ......, 20..., I on oath state that I 
27
served this notice and true and correct copies of the 
28
above-checked documents by:
29
(Check One:)
30
delivering copies personally to each entity to whom they are 
31
directed;
32
or
33
by mailing copies to each entity to whom they are directed by 
34
depositing the same in the U.S. Mail, proper postage fully 
35
prepaid, before the hour of 5:00 p.m., at the United States 
36
Postal Depository located at .................
 


 






HB4566 Enrolled
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LRB093 19428 RLC 45166 b




1

.........................................


2


3
Signature
4

Clerk of the Circuit Court or Deputy Clerk
5
Printed Name of Delinquent Minor/Petitioner: ....
6
Address: ........................................
7
Telephone Number: ...............................
8
    (3.2) The Order of Expungement shall be in substantially 
9
the following form:
10

IN THE CIRCUIT COURT OF ....., ILLINOIS


11

.... JUDICIAL CIRCUIT


12
IN THE INTEREST OF )

13
NO.

14


15
)

16


17
)
18
...................)
19
(Name of Petitioner)

20
DOB ................
21
Arresting Agency/Agencies ......
22

ORDER OF EXPUNGEMENT


23

(705 ILCS 405/5-915 (SUBSECTION 3))




24
This matter having been heard on the petitioner's motion and 
25
the court being fully advised in the premises does find that 
26
the petitioner is indigent or has presented reasonable cause to 
27
waive all costs in this matter, IT IS HEREBY ORDERED that:
28
    ( ) 1. Clerk of Court and Department of State Police costs 
29
are hereby waived in this matter.
30
    ( ) 2. The Illinois State Police Bureau of Identification 
31
and the following law enforcement agencies expunge all records 
32
of petitioner relating to an arrest dated ...... for the 
33
offense of ......
34

Law Enforcement Agencies:


35

.........................


36

.........................


 


 






HB4566 Enrolled
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LRB093 19428 RLC 45166 b




1
    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit 
2
Court expunge all records regarding the above-captioned case.
3

ENTER: ......................


4


5
JUDGE
6
DATED: .......
7
Name:

8
Attorney for:

9
Address:
City/State/Zip:

10
Attorney Number:
11
    (3.3) The Notice of Objection shall be in substantially the 
12
following form:
13

IN THE CIRCUIT COURT OF ....., ILLINOIS


14

....................... JUDICIAL CIRCUIT


15
IN THE INTEREST OF )

16
NO.

17


18
)

19


20
)
21
...................)
22
(Name of Petitioner)
23

NOTICE OF OBJECTION


24
TO:(Attorney, Public Defender, Minor)

25
.................................

26
.................................

27
TO:(Illinois State Police)

28
.................................

29
.................................
30
TO:(Clerk of the Court)

31
.................................

32
.................................

33
TO:(Judge)

34
.................................

35
.................................

36
TO:(Arresting Agency/Agencies)

 


 






HB4566 Enrolled
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LRB093 19428 RLC 45166 b




1
.................................

2
.................................
3
ATTENTION:

You are hereby notified that an objection has been 
4
filed by the following entity regarding the above-named minor's 
5
petition for expungement of juvenile records:
6
( ) State's Attorney's Office;

7
( ) Prosecutor (other than State's Attorney's Office) charged 
8
with the duty of prosecuting the               offense sought to be expunged;

9
( ) Department of Illinois State Police; or

10
( ) Arresting Agency or Agencies.

11
The agency checked above respectfully requests that this case 
12
be continued and set for hearing on whether the expungement 
13
should or should not be granted.

14
DATED: .......
15
Name:
16
Attorney For:

17
Address:
18
City/State/Zip:

19
Telephone:

20
Attorney No.:


21

FOR USE BY CLERK OF THE COURT PERSONNEL ONLY




22
This matter has been set for hearing on the foregoing 
23
objection, on ...... in room ...., located at ....., before the 
24
Honorable ....., Judge, or any judge sitting in his/her stead.
 
25
(Only one hearing shall be set, regardless of the number of 
26
Notices of Objection received on the same case).

27
A copy of this completed Notice of Objection containing the 
28
court date, time, and location, has been sent via regular U.S. 
29
Mail to the following entities.  (If more than one Notice of 
30
Objection is received on the same case, each one must be 
31
completed with the court date, time and location and mailed to 
32
the following entities):

33
( ) Attorney, Public Defender or Minor;

34
( ) State's Attorney's Office;
35
( ) Prosecutor (other than State's Attorney's Office) charged 
36
with the duty of prosecuting the     offense sought to be expunged;
 


 






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LRB093 19428 RLC 45166 b




1
( ) Department of Illinois State Police; and
2
( ) Arresting agency or agencies.

3
Date: ......
4
Initials of Clerk completing this section: .....


5
    (4) Upon entry of an order expunging records or files, the 
6
offense, which
the records or files concern shall be treated as 
7
if it never occurred. Law
enforcement officers and other public 
8
offices and agencies shall properly reply
on inquiry that no 
9
record or file exists with respect to the
person. 

10
    (5) Records which have not been expunged are sealed, and 
11
may be obtained
only under the provisions of Sections 5-901, 
12
5-905 and 5-915.

13
    (6) Nothing in this Section shall be construed to prohibit 
14
the maintenance
of information relating to an offense after 
15
records or files concerning the
offense have been expunged if 
16
the information is kept in a manner that does not
enable 
17
identification of the offender.  This information may only be 
18
used for
statistical and bona fide research purposes.
19
    (7)(a) The State Appellate Defender shall establish, 
20
maintain, and carry out, by December 31, 2004,  a juvenile 
21
expungement program
to provide information and assistance to 
22
minors eligible to have their juvenile records expunged.

23
    (b) The State Appellate Defender shall develop brochures, 
24
pamphlets, and
other
materials in
printed form and through the 
25
agency's World Wide Web site.  The pamphlets and
other materials 
26
shall
include at a minimum the following information:


27
        (i) An explanation of the State's juvenile expungement 
28
    process;
29
        (ii) The circumstances under which juvenile 
30
    expungement may occur;
31
        (iii) The juvenile offenses that may be expunged;
32
        (iv) The steps necessary to initiate and complete the 
33
    juvenile expungement process;
and
34
        (v) Directions on how to contact the State Appellate 
35
    Defender.
36
    (c) The State Appellate Defender shall establish and 
 


 






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LRB093 19428 RLC 45166 b




1
maintain a statewide
toll-free telephone
number that a person 
2
may use to receive information or assistance concerning
the 
3
expungement of juvenile records. The State Appellate
Defender 
4
shall advertise
the toll-free telephone number statewide. The 
5
State Appellate Defender shall
develop an expungement

6
information packet that may be sent to eligible persons seeking 
7
expungement of
their juvenile records,
which may include, but 
8
is not limited to, a pre-printed expungement petition
with 
9
instructions on how
to complete the petition and a pamphlet 
10
containing information that would
assist individuals through

11
the juvenile expungement process.
12
    (d) The State Appellate Defender shall compile a statewide 
13
list of volunteer
attorneys willing
to assist eligible 
14
individuals through the juvenile expungement process.
15
    (e) This Section shall be implemented from funds 
16
appropriated by the General
Assembly to the State
Appellate 
17
Defender
for this purpose. The State Appellate Defender shall 
18
employ the necessary staff
and adopt the
necessary rules for 
19
implementation of this Section.
20
    (8)(a) Except with respect to law enforcement agencies, the 
21
Department of Corrections, State's Attorneys, or other 
22
prosecutors, an expunged juvenile record may not be considered 
23
by any private or public entity in employment matters, 
24
certification, licensing, revocation of certification or 
25
licensure, or registration.  Applications for employment must 
26
contain specific language that states that the applicant is not 
27
obligated to disclose expunged juvenile records of conviction 
28
or arrest.  Employers may not ask  if an applicant has had a 
29
juvenile record expunged.  Effective January 1, 2005, the 
30
Department of Labor shall develop a link on the Department's 
31
website to inform employers that employers may not ask if an 
32
applicant had a juvenile record expunged and that application 
33
for employment must contain specific language that states that 
34
the applicant is not obligated to disclose expunged juvenile 
35
records of arrest or conviction.
36
    (b) A person whose juvenile records have been expunged is 
 


 






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1
not entitled to remission of any fines, costs, or other money 
2
paid as a consequence of expungement.  This amendatory Act of 
3
the 93rd General Assembly does not affect the right of the 
4
victim of a crime to prosecute or defend a civil action for 
5
damages.

6
(Source: P.A. 90-590, eff. 1-1-99.)

 
7
    Section 99. Effective date. This Act takes effect upon 
8
becoming law.