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    AN ACT concerning courts.

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


 
4
    Section 5. The Criminal Identification Act is amended  by 
5
changing Section 5 as follows:
 



6
    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)



7
    Sec. 5. Arrest reports; expungement. 

8
    (a) All policing bodies of this State shall furnish to the 
9
Department,
daily, in the form and detail the Department 
10
requires, fingerprints and
descriptions of all persons who are 
11
arrested on charges of violating any penal
statute of this 
12
State for offenses that are classified as felonies and Class
A 
13
or B misdemeanors and of all minors of the age of 10 and over 
14
who have been
arrested for an offense which would be a felony 
15
if committed by an adult and who are the subject of a petition 
16
for adjudication of delinquency under Article V of  the Juvenile 
17
Court Act of 1987 , and
may forward such fingerprints and 
18
descriptions for minors arrested for Class A
or B misdemeanors.  
19
Moving or nonmoving traffic violations under the Illinois

20
Vehicle Code shall not be reported except for violations of 
21
Chapter 4, Section
11-204.1, or Section 11-501 of that Code.  In 
22
addition, conservation offenses,
as defined in the Supreme 
23
Court Rule 501(c), that are classified as Class B
misdemeanors 
 


 






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shall not be reported.

2
    Whenever an adult or minor prosecuted as an adult,
not 
3
having previously been convicted of any criminal offense or 
4
municipal
ordinance violation, charged with a violation of a 
5
municipal ordinance or a
felony or misdemeanor, is acquitted or 
6
released without being convicted,
whether the acquittal or 
7
release occurred before, on, or after the
effective date of 
8
this amendatory Act of 1991, the Chief Judge of the circuit

9
wherein the charge was brought, any judge of that circuit 
10
designated by the
Chief Judge, or in counties of less than 
11
3,000,000 inhabitants, the presiding
trial judge at the 
12
defendant's trial may upon verified petition of the
defendant 
13
order the record of arrest expunged from the official records 
14
of the
arresting authority and the Department and order that 
15
the records of the clerk
of the circuit court be sealed until 
16
further order of the court upon good cause
shown and the name 
17
of the defendant obliterated on the official index required
to 
18
be kept by the circuit court clerk under Section 16 of the 
19
Clerks of Courts
Act, but the order shall not affect any index 
20
issued by the circuit court clerk
before the entry of the 
21
order.  The Department may charge the petitioner a fee

22
equivalent to the cost of processing any order to expunge or 
23
seal the records,
and the fee shall be deposited into the State 
24
Police Services Fund.  The
records of those arrests, however, 
25
that result in a disposition of
supervision for any offense 
26
shall not be expunged from the records of the
arresting 
 


 






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authority or the Department nor impounded by the court until 2 
2
years
after discharge and dismissal of supervision.  Those 
3
records
that result from a supervision for a violation of 
4
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois 
5
Vehicle Code or a similar provision
of a local ordinance, or 
6
for a violation of Section 12-3.2, 12-15 or 16A-3
of the 
7
Criminal Code of 1961, or probation under Section 10 of the 
8
Cannabis
Control Act, Section 410 of the Illinois Controlled 
9
Substances Act, Section 70 of the Methamphetamine Control and 
10
Community Protection Act, Section
12-4.3(b)(1) and (2) of the 
11
Criminal Code of 1961 (as those provisions
existed before their 
12
deletion by Public Act 89-313), Section 10-102 of the
Illinois 
13
Alcoholism and Other Drug Dependency Act when the judgment of

14
conviction has been vacated, Section 40-10 of the Alcoholism 
15
and Other Drug
Abuse and Dependency Act when the judgment of 
16
conviction has been vacated,
or Section 10 of the Steroid 
17
Control Act shall not be expunged from the records
of the 
18
arresting authority nor impounded by the court until 5 years 
19
after
termination of probation or supervision.  Those records 
20
that result from a
supervision for a violation of Section 
21
11-501 of the Illinois Vehicle Code or
a similar provision of a 
22
local ordinance, shall not be expunged.  All records
set out 
23
above may be ordered by the court to be expunged from the 
24
records of
the arresting authority and impounded by the court 
25
after 5 years, but shall
not be expunged by the Department, but 
26
shall, on court order be sealed by the
Department and may be 
 


 






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disseminated by the Department only as required by law or
to 
2
the arresting authority, the State's Attorney, and the court 
3
upon a later
arrest for the same or a similar offense or for 
4
the purpose of sentencing for
any subsequent felony.  Upon 
5
conviction for any offense, the Department of
Corrections shall 
6
have access to all sealed records of the Department
pertaining 
7
to that individual.

8
    (a-5) Those records maintained by the Department for 
9
persons arrested
prior to their 17th birthday shall be expunged 
10
as provided in Section 5-915 of
the Juvenile Court Act of 1987.

11
    (b) Whenever a person has been convicted of a crime or of 
12
the violation of
a municipal ordinance, in the name of a person 
13
whose identity he has stolen
or otherwise come into possession 
14
of, the aggrieved person from whom the
identity was stolen or 
15
otherwise obtained without authorization, upon learning
of the 
16
person having been arrested using his identity, may, upon 
17
verified
petition to the chief judge of the circuit wherein the 
18
arrest was made,
have a court order entered nunc pro tunc by 
19
the chief judge to correct
the arrest record, conviction 
20
record, if any, and all official records of the
arresting 
21
authority, the Department, other criminal justice agencies, 
22
the
prosecutor, and the trial court concerning such arrest, if 
23
any, by removing his
name from all such records in connection 
24
with the arrest and conviction, if
any, and by inserting in the 
25
records the name of the offender, if known or
ascertainable, in 
26
lieu of the aggrieved's name.  The records of the
clerk of
the 
 


 






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circuit court clerk shall be sealed until further order of the 
2
court upon
good cause shown and the name of the aggrieved 
3
person obliterated on the
official index required to be kept by 
4
the circuit court clerk under Section 16
of the Clerks of 
5
Courts Act, but the order shall not affect any index issued by

6
the circuit court clerk before the entry of the order.  Nothing 
7
in this Section
shall limit the Department of State Police or 
8
other criminal justice agencies
or prosecutors from listing 
9
under an offender's name the false names he or she
has used.  
10
For purposes of this Section, convictions for moving and 
11
nonmoving
traffic violations other than convictions for 
12
violations of Chapter 4, Section
11-204.1 or Section 11-501 of 
13
the Illinois Vehicle Code shall not be a bar to
expunging the 
14
record of arrest and court records for
violation of a 
15
misdemeanor or municipal ordinance.

16
    (c) Whenever a person who has been convicted of an offense 
17
is granted
a pardon by the Governor which specifically 
18
authorizes expungement, he may,
upon verified petition to the 
19
chief judge of the circuit where the person had
been convicted, 
20
any judge of the circuit designated by the Chief Judge, or in

21
counties of less than 3,000,000 inhabitants, the presiding 
22
trial judge at the
defendant's trial, may have a court order 
23
entered expunging the record of
arrest from the official 
24
records of the arresting authority and order that the
records 
25
of the clerk of the circuit court and the Department be sealed 
26
until
further order of the court upon good cause shown or as 
 


 






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otherwise provided
herein, and the name of the defendant 
2
obliterated from the official index
requested to be kept by the 
3
circuit court clerk under Section 16 of the Clerks
of Courts 
4
Act in connection with the arrest and conviction for the 
5
offense for
which he had been pardoned but the order shall not 
6
affect any index issued by
the circuit court clerk before the 
7
entry of the order.  All records sealed by
the Department may be 
8
disseminated by the Department only as required by law or
to 
9
the arresting authority, the State's Attorney, and the court 
10
upon a later
arrest for the same or similar offense or for the 
11
purpose of sentencing for any
subsequent felony.  Upon 
12
conviction for any subsequent offense, the Department
of 
13
Corrections shall have access to all sealed records of the 
14
Department
pertaining to that individual.  Upon entry of the 
15
order of expungement, the
clerk of the circuit court shall 
16
promptly mail a copy of the order to the
person who was 
17
pardoned.

18
    (c-5) Whenever a person has been convicted of criminal 
19
sexual assault,
aggravated criminal sexual assault, predatory 
20
criminal sexual assault of a
child, criminal sexual abuse, or 
21
aggravated criminal sexual abuse, the victim
of that offense 
22
may request that the State's Attorney of the county in which

23
the conviction occurred file a verified petition with the 
24
presiding trial judge
at the defendant's trial to have a court 
25
order entered to seal the records of
the clerk of the circuit 
26
court in connection with the proceedings of the trial
court 
 


 






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concerning that offense.  However, the records of the arresting 
2
authority
and the Department of State Police concerning the 
3
offense shall not be
sealed.  The court, upon good cause shown, 
4
shall make the records of the clerk
of the circuit court in 
5
connection with the proceedings of the trial court
concerning 
6
the offense available for public inspection.

7
    (c-6) If a conviction has been set aside on direct review 
8
or on
collateral attack
and the court determines by clear and 
9
convincing evidence that the defendant
was factually innocent 
10
of
the charge, the court shall enter an expungement order as 
11
provided in
subsection (b) of Section 5-5-4
of the Unified Code 
12
of Corrections.

13
    (d) Notice of the petition for subsections (a), (b), and 
14
(c) shall be
served by the clerk upon the State's Attorney or 
15
prosecutor charged with the duty
of prosecuting the offense, 
16
the Department of State Police, the arresting
agency and the 
17
chief legal officer of the unit of local government
affecting 
18
the arrest.  Unless the State's Attorney or prosecutor, the

19
Department of State Police, the arresting agency or such chief 
20
legal officer
objects to the petition within 30 days from the 
21
date of the notice, the
court shall enter an order granting or 
22
denying the petition. The clerk
of the court shall promptly 
23
mail a copy of the order to the person, the
arresting agency, 
24
the prosecutor, the Department of State Police and such
other 
25
criminal justice agencies as may be ordered by the judge.

26
    (e) Nothing herein shall prevent the Department of State 
 


 






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Police from
maintaining all records of any person who is 
2
admitted to probation upon
terms and conditions and who 
3
fulfills those terms and conditions pursuant
to Section 10 of 
4
the Cannabis Control Act, Section 410 of the Illinois

5
Controlled Substances Act, Section 70 of the Methamphetamine 
6
Control and Community Protection Act, Section 12-4.3 of the 
7
Criminal Code
of 1961, Section 10-102 of the Illinois 
8
Alcoholism and Other Drug
Dependency Act, Section 40-10 of the 
9
Alcoholism and Other Drug Abuse and
Dependency Act, or Section 
10
10 of the Steroid Control Act. 

11
    (f) No court order issued under the expungement provisions 
12
of this
Section shall become final for purposes of appeal until 
13
30 days after
notice is received by the Department.  Any court 
14
order contrary to the
provisions of this Section is void.

15
    (g) Except as otherwise provided in subsection (c-5) of 
16
this Section,
the court shall not order the sealing or 
17
expungement of the arrest
records and records of the circuit 
18
court clerk of any person granted
supervision for or convicted 
19
of any sexual offense committed against a minor
under 18 years 
20
of age.  For the purposes of this Section, "sexual offense

21
committed against a minor" includes but is not limited to the 
22
offenses of
indecent solicitation of a child or criminal sexual 
23
abuse when the victim of
such offense is under 18 years of age.

24
    (h) (1) Applicability. Notwithstanding any other provision 
25
of this Act to the contrary and cumulative with any rights to 
26
expungement of criminal records, this subsection authorizes 
 


 






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the  sealing of criminal records of adults and of minors 
2
prosecuted as adults.
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    (2) Sealable offenses. The following offenses may be 
4
sealed:
5
        (A) All municipal ordinance violations and 
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    misdemeanors, with the exception of the following:
7
            (i) violations of Section 11-501 of the Illinois 
8
        Vehicle Code or a similar provision of a local 
9
        ordinance;
10
            (ii) violations of Article 11 of the Criminal Code 
11
        of 1961 or a similar provision of a local ordinance, 
12
        except Section 11-14 of the Criminal Code of 1961 as 
13
        provided in clause B(i) of this subsection (h);
14
            (iii) violations of Section 12-15, 12-30, or 26-5 
15
        of the Criminal Code of 1961 or a similar provision of 
16
        a local ordinance;
17
            (iv) violations that are a crime of violence as 
18
        defined in Section 2 of the Crime Victims Compensation 
19
        Act or a similar provision of a local ordinance;
20
            (v) Class A misdemeanor violations of the Humane 
21
        Care for Animals Act; and
22
            (vi) any offense or attempted offense that would 
23
        subject a person to registration under the Sex Offender 
24
        Registration Act.
25
        (B) Misdemeanor and Class 4 felony violations of:
26
            (i) Section 11-14 of the Criminal Code of 1961;
 


 






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            (ii) Section 4 of the Cannabis Control Act;
2
            (iii) Section 402 of the Illinois Controlled 
3
        Substances Act; and
4
            (iv) Section 60 of the Methamphetamine Control and 
5
        Community Protection Act.

6
        However, for purposes of this subsection (h), a 
7
    sentence of first offender probation under Section 10 of 
8
    the Cannabis Control Act, Section 410 of the Illinois 
9
    Controlled Substances Act, or Section 70 of the 
10
    Methamphetamine Control and Community Protection Act shall 
11
    be treated as a Class 4 felony conviction.
12
    (3) Requirements for sealing. Records identified as 
13
sealable under clause (h) (2) may be sealed when the individual 
14
was:
15
        (A) Acquitted of the offense or offenses or released 
16
    without being convicted.
17
        (B) Convicted of the offense or offenses and the 
18
    conviction or convictions were reversed.
19
        (C) Placed on misdemeanor supervision for an offense or 
20
    offenses; and
21
            (i) at least 3 years have elapsed since the 
22
        completion of the term of supervision, or terms of 
23
        supervision, if more than one term has been ordered; 
24
        and
25
            (ii)  the individual has not been convicted of a 
26
        felony or misdemeanor or placed on supervision for a 
 


 






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        misdemeanor or felony during the period specified in 
2
        clause (i).
3
        (D) Convicted of an offense or offenses; and
4
            (i)   at least 4 years have elapsed since the last 
5
        such conviction or term of any sentence, probation, 
6
        parole, or supervision, if any, whichever is last in 
7
        time; and
8
            (ii)  the individual has not been convicted of a 
9
        felony or misdemeanor or placed on supervision for a 
10
        misdemeanor or felony during the period specified in 
11
        clause (i).
12
    (4) Requirements for sealing of records when more than one 
13
charge and disposition have been filed. When multiple offenses 
14
are petitioned to be sealed under this subsection (h), the 
15
requirements of the relevant provisions of clauses (h)(3)(A) 
16
through (D) each apply.  In instances in which more than one 
17
waiting period is applicable under clauses (h)(C)(i) and (ii) 
18
and (h)(D)(i) and (ii), the longer applicable period applies, 
19
and the requirements of clause (h) (3) shall be considered met 
20
when the petition is filed after the passage of the longer 
21
applicable waiting period. That period commences on the date of 
22
the completion of the last sentence or the end of supervision, 
23
probation, or parole, whichever is last in time.
24
    (5) Subsequent convictions. A person may not have 
25
subsequent felony conviction records sealed as provided in this 
26
subsection (h) if he or she is convicted of any felony offense 
 


 






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after the date of the sealing of prior felony records as 
2
provided in this subsection (h).
3
    (6) Notice of eligibility for sealing. Upon acquittal, 
4
release without conviction, or being  placed on supervision for 
5
a sealable offense, or upon conviction of a sealable offense, 
6
the person shall be informed by the court of the right to have 
7
the records sealed and the procedures for the sealing of the 
8
records.
9
    (7) Procedure.  Upon becoming eligible for the sealing of 
10
records under this subsection (h),  the person who seeks the 
11
sealing of his or her records shall file a petition requesting 
12
the sealing of records with the clerk of the court where the 
13
charge or charges were brought. The records may be sealed by 
14
the Chief Judge of the circuit wherein the charge was brought, 
15
any judge of that circuit designated by the Chief Judge, or in 
16
counties of less than 3,000,000 inhabitants, the presiding 
17
trial judge at the defendant's trial, if any. If charges were 
18
brought in multiple jurisdictions, a petition must be filed in 
19
each such jurisdiction. The petitioner shall pay the applicable 
20
fee, if not waived.
21
        (A) Contents of petition. The petition  shall contain 
22
    the petitioner's name, date of birth, current address, each 
23
    charge, each case number, the date of each charge, the 
24
    identity of the arresting authority,  and such other 
25
    information as the court may require.   During the pendency 
26
    of the proceeding, the petitioner shall promptly notify the 
 


 






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    clerk of the court of any change of address.
2
        (B) Drug test.  A person filing a petition to have his 
3
    or her records sealed for a Class 4 felony violation of 
4
    Section 4 of the Cannabis Control Act or for a Class 4 
5
    felony violation of Section 402 of the Illinois Controlled 
6
    Substances Act must attach to the petition proof that the 
7
    petitioner has passed a test taken within the previous 30 
8
    days before the filing of the petition showing the absence 
9
    within his or her body of all illegal substances in 
10
    violation of either the Illinois Controlled Substances Act 
11
    or the Cannabis Control Act.
12
        (C) Service of petition. The clerk shall promptly serve 
13
    a copy of the petition on the State's Attorney or 
14
    prosecutor charged with the duty of prosecuting the 
15
    offense, the Department of State Police, the arresting 
16
    agency and the chief legal officer of the unit of local 
17
    government effecting the arrest.
18
        (D) Entry of order.  Unless the State's Attorney or 
19
    prosecutor, the Department of State Police, the arresting 
20
    agency or such chief legal officer objects to sealing of 
21
    the records within 90 days of notice the court shall enter 
22
    an order sealing the defendant's records.
23
        (E) Hearing upon objection.  If an objection is filed, 
24
    the court shall set a date for a hearing and notify the 
25
    petitioner and the parties on whom the petition had been 
26
    served, and shall hear evidence on whether the sealing of 
 


 






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    the records should or should not be granted, and shall make 
2
    a determination on whether to issue an order to seal the 
3
    records based on the evidence presented at the hearing.
4
        (F) Service of order. After entering the order to seal 
5
    records, the court must provide copies of the order to the 
6
    Department, in a form and manner prescribed by the 
7
    Department, to the petitioner, to the State's Attorney or 
8
    prosecutor charged with the duty of prosecuting the 
9
    offense, to the arresting agency, to the chief legal 
10
    officer of the unit of local government effecting the 
11
    arrest, and to such other criminal justice agencies as may 
12
    be ordered by the court.
13
    (8) Fees. Notwithstanding any provision of the Clerk of the 
14
Courts Act to the contrary, and subject to the approval of the 
15
county board, the clerk may charge a fee equivalent to the cost 
16
associated with the sealing of records by the clerk and the 
17
Department of State Police. The clerk shall forward the 
18
Department of State Police portion of the fee to the Department 
19
and it shall be deposited into the State Police Services Fund.
20
    (i)  Subject to available funding, the Illinois Department 
21
of Corrections shall conduct a study of the impact of sealing, 
22
especially on employment and recidivism rates, utilizing a 
23
random sample of those who apply for the sealing of their 
24
criminal records under Public Act 93-211, in accordance to 
25
rules adopted by the Department.  At the request of the Illinois 
26
Department of Corrections, records of the Illinois Department 
 


 






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of Employment Security shall be utilized as appropriate to 
2
assist in the study. The study shall not disclose any data in a 
3
manner that would allow the identification of any particular 
4
individual or employing unit. The study shall be made available 
5
to the General Assembly no later than September 1, 2006.

6
    (j)  Notwithstanding any provision of the Clerks of Courts 
7
Act to the contrary, the clerk may charge a fee equivalent to 
8
the cost associated with the sealing or expungement of records 
9
by the clerk. From the total filing fee collected for the 
10
Petition to seal or expunge, the clerk shall deposit $10 into 
11
the Circuit Court Clerk Operation and Administrative Fund, to 
12
be used to offset the costs incurred by the Circuit Court Clerk 
13
in performing the additional duties required to serve the 
14
Petition to Seal or Expunge on all parties. The clerk shall 
15
also charge a filing fee equivalent to the cost of sealing or 
16
expunging the record by the Department of State Police. The 
17
clerk shall collect and forward the Department of State Police 
18
portion of the fee to the Department and it shall be deposited 
19
in the State Police Services Fund. 
20
(Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09; 
21
revised 10-28-08.)

 
22
    Section 10. The Juvenile Court Act of 1987 is amended  by 
23
changing Sections 5-105, 5-301, 5-305, and 5-915 as follows:
 



24
    (705 ILCS 405/5-105)



 


 






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    Sec. 5-105. Definitions. As used in this Article:

2
    (1) "Court" means the circuit court in a session or 
3
division
assigned to hear proceedings under this Act, and 
4
includes the term Juvenile
Court.

5
    (2) "Community service" means uncompensated labor for a 
6
community service
agency as hereinafter defined.

7
    (2.5) "Community service agency" means a not-for-profit 
8
organization,
community
organization, church, charitable 
9
organization, individual, public office,
or other public body 
10
whose purpose is to enhance
the physical or mental health of a 
11
delinquent minor or to rehabilitate the
minor, or to improve 
12
the environmental quality or social welfare of the
community 
13
which agrees to accept community service from juvenile 
14
delinquents
and to report on the progress of the community 
15
service to the State's
Attorney pursuant to an agreement or to 
16
the court or to any agency designated
by the court or to the 
17
authorized diversion program that has referred the
delinquent 
18
minor for community service. 

19
    (3) "Delinquent minor" means any minor who prior to his or 
20
her 17th birthday
has
violated or attempted to violate, 
21
regardless of where the act occurred, any
federal or State law, 
22
county or municipal ordinance.

23
    (4) "Department" means the Department of Human Services 
24
unless specifically
referenced as another department.

25
    (5) "Detention" means the temporary care of a minor who is 
26
alleged to be or
has been adjudicated
delinquent and who 
 


 






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requires secure custody for the minor's own
protection or the 
2
community's protection in a facility designed to physically

3
restrict the minor's movements, pending disposition by the 
4
court or
execution of an order of the court for placement or 
5
commitment.  Design
features that physically restrict movement 
6
include, but are not limited to,
locked rooms and the secure 
7
handcuffing of a minor to a rail or other
stationary object.  In 
8
addition, "detention" includes the court ordered
care of an 
9
alleged or adjudicated delinquent minor who requires secure

10
custody pursuant to Section 5-125 of this Act.

11
    (6) "Diversion" means the referral of a juvenile, without 
12
court
intervention,
into a program that provides services 
13
designed to educate the juvenile and
develop a productive and 
14
responsible approach to living in the community.

15
    (6.5) "Expungement" means the removal and destruction of 
16
the physical and electronic law enforcement or juvenile court 
17
records by law enforcement officers and other public offices 
18
and agencies. 
19
    (7) "Juvenile detention home" means a public facility with 
20
specially trained
staff that conforms to the county juvenile 
21
detention standards promulgated by
the Department of 
22
Corrections.

23
    (8) "Juvenile justice continuum" means a set of delinquency 
24
prevention
programs and services designed for the purpose of 
25
preventing or reducing
delinquent acts, including criminal 
26
activity by youth gangs, as well as
intervention, 
 


 






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1
rehabilitation, and prevention services targeted at minors who

2
have committed delinquent acts,
and minors who have previously 
3
been committed to residential treatment programs
for 
4
delinquents.  The term includes children-in-need-of-services 
5
and
families-in-need-of-services programs; aftercare and 
6
reentry services;
substance abuse and mental health programs;

7
community service programs; community service
work programs; 
8
and alternative-dispute resolution programs serving

9
youth-at-risk of delinquency and their families, whether 
10
offered or delivered
by State or
local governmental entities, 
11
public or private for-profit or not-for-profit
organizations, 
12
or religious or charitable organizations.  This term would also

13
encompass any program or service consistent with the purpose of 
14
those programs
and services enumerated in this subsection.

15
    (9) "Juvenile police officer" means a sworn police officer 
16
who has completed
a Basic Recruit Training Course, has been 
17
assigned to the position of juvenile
police officer by his or 
18
her chief law enforcement officer and has completed
the 
19
necessary juvenile officers training as prescribed by the 
20
Illinois Law
Enforcement Training Standards Board, or in the 
21
case of a State police officer,
juvenile officer training 
22
approved by the Director of State
Police.

23
    (10) "Minor" means a person under the age of 21 years 
24
subject to this Act.

25
    (11) "Non-secure custody" means confinement where the 
26
minor is not
physically
restricted by being placed in a locked 
 


 






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1
cell or room, by being handcuffed to a
rail or other stationary 
2
object, or by other means.  Non-secure custody may
include, but 
3
is not limited to, electronic monitoring, foster home 
4
placement,
home confinement, group home placement, or physical 
5
restriction of movement or
activity solely through facility 
6
staff.

7
    (12) "Public or community service" means uncompensated 
8
labor for a
not-for-profit organization
or public body whose 
9
purpose is to enhance physical or mental stability of the

10
offender, environmental quality or the social welfare and which 
11
agrees to
accept public or community service from offenders and 
12
to report on the progress
of the offender and the public or 
13
community service to the court or to the
authorized diversion 
14
program that has referred the offender for public or
community

15
service.

16
    (13) "Sentencing hearing" means a hearing to determine 
17
whether a minor
should
be adjudged a ward of the court, and to 
18
determine what sentence should be
imposed on the minor.  It is 
19
the intent of the General Assembly that the term
"sentencing 
20
hearing" replace the term "dispositional hearing" and be 
21
synonymous
with that definition as it was used in the Juvenile 
22
Court Act of 1987.

23
    (14) "Shelter" means the temporary care of a minor in 
24
physically
unrestricting facilities pending court disposition 
25
or execution of court order
for placement.

26
    (15) "Site" means a not-for-profit organization, public

 


 






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1
body, church, charitable organization, or individual agreeing 
2
to
accept
community service from offenders and to report on the 
3
progress of ordered or
required public or community service to 
4
the court or to the authorized
diversion program that has 
5
referred the offender for public or community
service.

6
    (16) "Station adjustment" means the informal or formal 
7
handling of an
alleged
offender by a juvenile police officer.

8
    (17) "Trial" means a hearing to determine whether the 
9
allegations of a
petition under Section 5-520 that a minor is 
10
delinquent are proved beyond a
reasonable doubt.  It is the 
11
intent of the General Assembly that the term
"trial" replace 
12
the term "adjudicatory hearing" and be synonymous with that

13
definition as it was used in the Juvenile Court Act of 1987.

14
(Source: P.A. 90-590, eff. 1-1-99; 91-820, eff. 6-13-00.)

 



15
    (705 ILCS 405/5-301)



16
    Sec.  5-301. Station adjustments. A minor arrested for any 
17
offense or a violation of a condition of previous
station 
18
adjustment may receive a station adjustment for that arrest as

19
provided herein.  In deciding whether to impose a station 
20
adjustment, either
informal
or formal, a juvenile police 
21
officer shall consider the following factors:

22
    (A) The seriousness of the alleged offense.

23
    (B) The prior history of delinquency of the minor.

24
    (C) The age of the minor.

25
    (D) The culpability of the minor in committing the alleged 
 


 






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1
offense.

2
    (E) Whether the offense was committed in an aggressive or 
3
premeditated
manner.

4
    (F) Whether the minor used or possessed a deadly weapon 
5
when committing
the alleged offenses.

6
    (1) Informal station adjustment.


7
        (a) An informal station adjustment is defined as a 
8
    procedure when a
juvenile police officer determines that 
9
    there is probable
cause to
believe that the minor has 
10
    committed an offense.


11
        (b) A minor shall receive no more than 3 informal 
12
    station adjustments
statewide for a misdemeanor offense 
13
    within 3 years without prior approval from
the
State's 
14
    Attorney's Office.


15
        (c) A minor shall receive no more than 3 informal 
16
    station adjustments
statewide for a felony offense within 3 
17
    years without prior approval from the
State's
Attorney's 
18
    Office.


19
        (d) A minor shall receive a combined total of no more 
20
    than 5 informal
station adjustments statewide during his or 
21
    her minority.


22
        (e) The juvenile police officer may make reasonable 
23
    conditions of an
informal station adjustment which may 
24
    include but are not limited to:


25
            (i) Curfew.


26
            (ii) Conditions restricting entry into designated 
 


 






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1
        geographical areas.


2
            (iii) No contact with specified persons.


3
            (iv) School attendance.


4
            (v) Performing up to 25 hours of community service 
5
        work.


6
            (vi) Community mediation.


7
            (vii) Teen court or a peer court.


8
            (viii) Restitution limited to 90 days.


9
        (f) If the minor refuses or fails to abide by the 
10
    conditions of an
informal station adjustment, the juvenile 
11
    police officer may impose a formal
station adjustment or 
12
    refer the matter to the State's Attorney's Office.


13
        (g) An informal station adjustment does not constitute 
14
    an adjudication
of delinquency or a criminal conviction.

15
    Beginning January 1, 2000, a record shall be maintained 
16
    with the
Department of State Police for informal station 
17
    adjustments for offenses that
would be a felony if 
18
    committed by an adult, and may be maintained if the
offense 
19
    would be a misdemeanor.

20
    (2) Formal station adjustment.


21
        (a) A formal station adjustment is defined as a 
22
    procedure when a juvenile
police officer determines that 
23
    there is probable cause to
believe the minor has committed 
24
    an offense and an admission by the minor of
involvement in 
25
    the offense.


26
        (b) The minor and parent, guardian, or legal custodian 
 


 






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1
    must agree in
writing to the formal station adjustment and 
2
    must be advised of the
consequences of violation of any 
3
    term of the agreement.


4
        (c) The minor and parent, guardian or legal custodian 
5
    shall be provided a
copy of the signed agreement of the 
6
    formal station adjustment.  The agreement
shall include:


7
            (i) The offense which formed the basis of the 
8
        formal station
adjustment.


9
            (ii) An acknowledgment that the terms of the formal 
10
        station adjustment
and
the consequences for violation 
11
        have been explained.


12
            (iii) An acknowledgment that the formal station 
13
        adjustments record may
be
expunged under Section 5-915 
14
        of this Act.


15
            (iv) An acknowledgement that the minor understands 
16
        that his or her
admission of involvement in the offense 
17
        may be admitted into evidence in future
court hearings.


18
            (v) A statement that all parties understand the 
19
        terms and conditions of
formal station adjustment and 
20
        agree to the formal station adjustment process.


21
        (d) Conditions of the formal station adjustment may 
22
    include, but are not
be limited to:


23
            (i) The time shall not exceed 120 days.


24
            (ii) The minor shall not violate any laws.


25
            (iii) The juvenile police officer may require the 
26
        minor to comply with
additional conditions for the 
 


 






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1
        formal station adjustment which may include but
are not 
2
        limited to:


3
                (a) Attending school.


4
                (b) Abiding by a set curfew.


5
                (c) Payment of restitution.


6
                (d) Refraining from possessing a firearm or 
7
            other weapon.


8
                (e) Reporting to a police officer at 
9
            designated times and places,
including reporting 
10
            and verification that the minor is at home at

11
            designated hours.


12
                (f) Performing up to 25 hours of community 
13
            service work.


14
                (g) Refraining from entering designated 
15
            geographical areas.


16
                (h) Participating in community mediation.


17
                (i) Participating in teen court or peer court.


18
                (j) Refraining from contact with specified 
19
            persons.


20
        (e) A
 formal station adjustment does not constitute an 
21
    adjudication of
delinquency or a criminal conviction.  
22
    Beginning January 1, 2000,
a record shall be maintained 
23
    with the
Department of State Police for formal station 
24
    adjustments.


25
        (f) A minor or the minor's parent, guardian, or legal 
26
    custodian, or both
the minor and the minor's parent, 
 


 






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1
    guardian, or legal custodian, may refuse
a formal station 
2
    adjustment and have the matter referred
for court action or

3
    other appropriate action.


4
        (g) A minor or the minor's parent, guardian, or legal 
5
    custodian, or both
the minor and the minor's parent, 
6
    guardian, or legal custodian, may
within 30 days of the 
7
    commencement of the formal station adjustment revoke
their 
8
    consent and
have the matter referred for court action or 
9
    other appropriate action.  This
revocation must be in 
10
    writing and personally served upon the police officer or

11
    his or her supervisor.


12
        (h) The admission of the minor as to involvement in the 
13
    offense shall be
admissible at further court hearings as 
14
    long as the statement would be
admissible under the rules 
15
    of evidence.


16
        (i) If the minor violates any term or condition of the 
17
    formal station
adjustment the juvenile police officer 
18
    shall provide written notice of
violation to the
minor and 
19
    the minor's parent, guardian, or legal custodian.  After 
20
    consultation
with the
minor and the minor's parent, 
21
    guardian, or legal custodian, the juvenile police
officer

22
    may take any of the following steps upon violation:


23
            (i) Warn the minor of consequences of continued 
24
        violations and continue
the formal station adjustment.


25
            (ii) Extend the period of the formal station 
26
        adjustment up to a total
of 180 days.


 


 






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1
            (iii) Extend the hours of community service work up 
2
        to a total of 40
hours.


3
            (iv) Terminate the formal station adjustment 
4
        unsatisfactorily and take
no other action.


5
            (v) Terminate the formal station adjustment 
6
        unsatisfactorily and refer
the matter to the juvenile 
7
        court.


8
        (j) A minor shall receive no more than 2 formal station

9
    adjustments statewide for a felony offense without the 
10
    State's Attorney's
approval within
a 3 year period.


11
        (k) A minor shall receive no more than 3 formal station

12
    adjustments statewide for a misdemeanor offense without 
13
    the State's Attorney's
approval
within a 3 year period.


14
        (l) The total for formal station adjustments statewide 
15
    within the period
of
minority may not exceed 4 without the 
16
    State's Attorney's approval.


17
        (m) If the minor is arrested in a jurisdiction where 
18
    the minor does not
reside, the
formal station adjustment 
19
    may be transferred to the jurisdiction where the
minor does 
20
    reside upon written agreement of that jurisdiction to 
21
    monitor the
formal station adjustment.

22
    (3) Beginning January 1, 2000, the
 juvenile police officer 
23
making a station adjustment shall assure
that information about 
24
any offense which would constitute a felony if committed
by an 
25
adult and may assure that information about a misdemeanor is 
26
transmitted
to the Department of State Police.

 


 






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1
    (3) (4) The total number of station adjustments, both 
2
formal and informal, shall
not exceed 9 without the State's 
3
Attorney's approval for any minor arrested
anywhere in the 
4
State.

5
(Source: P.A. 90-590, eff. 1-1-99.)

 



6
    (705 ILCS 405/5-305)



7
    Sec.  5-305. Probation adjustment. 

8
    (1) The court may authorize the probation officer to confer 
9
in a
preliminary conference with a minor who is alleged to have 
10
committed an
offense, his or her parent, guardian or legal 
11
custodian, the victim, the
juvenile police officer, the State's 
12
Attorney, and other interested
persons concerning the 
13
advisability of filing a petition under Section
5-520,
with a 
14
view to adjusting suitable cases without the filing of a 
15
petition as
provided for in this Article, the probation officer 
16
should schedule a
conference
promptly except when the State's 
17
Attorney insists on court action or when the
minor has 
18
indicated that he or she will demand a judicial hearing and 
19
will not
comply
with a probation adjustment.

20
    (1-b) In any case of a minor who is in custody, the holding 
21
of a
probation adjustment conference does not operate to 
22
prolong temporary custody
beyond the period permitted by 
23
Section 5-415.

24
    (2) This Section does not authorize any probation officer 
25
to compel any
person to appear at any conference, produce any 
 


 






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1
papers, or visit any place.

2
    (3) No statement made during a preliminary conference in 
3
regard to the
offense that is the subject of the conference may 
4
be admitted into evidence at
an adjudicatory hearing or at any

5
proceeding against the minor under the criminal laws of this 
6
State prior to his
or her conviction under those laws.

7
    (4) When a probation adjustment is appropriate, the 
8
probation officer shall
promptly formulate a written, 
9
non-judicial adjustment plan following the
initial conference.

10
    (5) Non-judicial probation adjustment plans include but 
11
are not limited to
the following:


12
        (a) up to 6 months informal supervision within the 
13
    family;


14
        (b) up to 12 months informal supervision with a 
15
    probation officer
involved which may include any 
16
    conditions of probation provided in Section
5-715;


17
        (c) up to 6 months informal supervision with release to 
18
    a person other
than
a parent;


19
        (d) referral to special educational, counseling, or 
20
    other rehabilitative
social or educational programs;


21
        (e) referral to residential treatment programs;


22
        (f) participation in a public or community service 
23
    program or activity;
and


24
        (g) any other appropriate action with the consent of 
25
    the minor and a
parent.

26
    (6) The factors to be considered by the probation officer 
 


 






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1
in formulating a
non-judicial probation adjustment plan shall 
2
be the same as those limited in
subsection (4) of Section 
3
5-405.

4
    (7) Beginning January 1, 2000,
the  probation officer who 
5
imposes a probation adjustment plan shall
assure
that 
6
information about an offense which would constitute a felony if 
7
committed
by an adult, and may assure that information about a 
8
misdemeanor offense, is
transmitted to the Department of State 
9
Police.

10
(Source: P.A. 92-329, eff. 8-9-01.)

 


11
    (705 ILCS 405/5-915)


12
    Sec. 5-915. Expungement of juvenile law enforcement and 
13
court records. 

14
    (1) Automatic expungement.  Whenever a minor has attained 
15
the age of 17, any local law enforcement agency maintaining law 
16
enforcement records pertaining to that minor shall 
17
automatically expunge those records only if (a) the minor has 
18
been arrested but no petitions for delinquency have ever been 
19
filed with the clerk of the circuit court and no criminal 
20
proceedings have been instituted pursuant to Section 5-805, and 
21
(b) the minor has not been arrested within the year prior to 
22
his or her 17th birthday. 
23
    (1.5) If a minor is arrested and no petition for 
24
delinquency has ever been filed with the clerk of the circuit 
25
court, at the time the minor is released from custody the youth 
 


 






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1
officer, if applicable, or other designated person from the 
2
arresting agency, shall notify verbally and in writing to the 
3
minor or the minor's parents or guardians that upon the minor 
4
turning 17 the minor's law enforcement records will be 
5
automatically expunged if (a) at the time of the minor's 17th 
6
birthday the minor has never had a petition for delinquency 
7
filed with the clerk of the circuit court and no criminal 
8
proceedings have been instituted pursuant to Section 5-805, and 
9
(b) the minor is not arrested within the year prior to his or 
10
her 17th birthday. 
11
    (2) (1) Whenever any person has attained the age of 17 or 
12
whenever all juvenile
court proceedings relating to that person 
13
have been terminated, whichever is
later, the person may 
14
petition the court to expunge law enforcement records
relating 
15
to incidents occurring before his or her 17th birthday or his 
16
or her
juvenile court
records, or both, but only in the 
17
following circumstances:


18
        (a) the minor was arrested and no petition for 
19
    delinquency was filed with
the clerk of the circuit court 
20
    and the minor does not meet the requirements for automatic 
21
    expungement under paragraph 1 of Section 5-915; or


22
        (b) the minor was charged with an offense and was found 
23
    not delinquent of
that offense; or


24
        (c) the minor was placed under supervision pursuant to 
25
    Section 5-615, and
the order of
supervision has since been 
26
    successfully terminated; or


 


 






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1
        (d)
the minor was adjudicated for an offense which 
2
    would be a Class B
misdemeanor, Class C misdemeanor, or a 
3
    petty or business offense if committed by an adult.

4
    (2.5) (2) Any person may petition the court to expunge all 
5
law enforcement records
relating to any
incidents occurring 
6
before his or her 17th birthday which did not result in

7
proceedings in criminal court and all juvenile court records 
8
with respect to
any adjudications except those based upon first 
9
degree
murder and
sex offenses which would be felonies if 
10
committed by an adult, if the person
for whom expungement is 
11
sought has had no
convictions for any crime since his or her 
12
17th birthday and:


13
        (a) has attained the age of 21 years; or


14
        (b) 5 years have elapsed since all juvenile court 
15
    proceedings relating to
him or her have been terminated or 
16
    his or her commitment to the Department of
Juvenile Justice


17
    pursuant to this Act has been terminated;

18
whichever is later of (a) or (b).
19
    (2.6) (2.5) If a minor is arrested and no petition for 
20
delinquency is filed with the clerk of the circuit court as 
21
provided in paragraph (a) of subsection (2) (1) at the time the 
22
minor is released from custody, the youth officer, if 
23
applicable, or other designated person from the arresting 
24
agency, shall notify verbally and in writing to the minor or 
25
the minor's parents or guardians that if the State's Attorney 
26
does not file a petition for delinquency, the minor has a right 
 


 






HB1126 Engrossed
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1
to petition to have his or her law enforcement arrest record 
2
expunged when the minor attains the age of 17 or when all 
3
juvenile court proceedings relating to that minor have been 
4
terminated and that unless a petition to expunge is filed or 
5
the minor's law enforcement records are automatically expunged 
6
pursuant to subsection (1), the minor shall have a law 
7
enforcement an arrest record. The youth officer, if applicable, 
8
or other designated person from the arresting agency and shall 
9
provide the minor and the minor's parents or guardians with an 
10
expungement information packet, including a petition to 
11
expunge juvenile records obtained from the clerk of the circuit 
12
court.
13
    (2.7) (2.6) If a minor is charged with an offense and is 
14
found not delinquent of that offense; or if a minor is placed 
15
under supervision under Section 5-615, and the order of 
16
supervision is successfully terminated; or  if a minor is 
17
adjudicated for an offense that would be a Class B misdemeanor, 
18
a Class C misdemeanor, or a business or petty offense if 
19
committed by an adult; or if a minor has incidents occurring 
20
before his or her 17th birthday that have not resulted in 
21
proceedings in criminal court, or resulted in proceedings in 
22
juvenile court, and the adjudications were not based upon first 
23
degree murder or sex offenses that would be felonies if 
24
committed by an adult; then at the time of sentencing or 
25
dismissal of the case, the judge shall inform the delinquent 
26
minor of his or her right to petition for expungement as 
 


 






HB1126 Engrossed
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1
provided by law, and the clerk of the circuit court shall 
2
provide an expungement information packet to the delinquent 
3
minor, written in plain language, including a petition for 
4
expungement, a sample of a completed petition, expungement 
5
instructions that shall include information informing the 
6
minor that (i) once the case is expunged, it shall be treated 
7
as if it never occurred, (ii) he or she may apply to have 
8
petition fees waived, (iii) once he or she obtains an 
9
expungement, he or she may not be required to disclose that he 
10
or she had a juvenile record, and (iv) he or she may file the 
11
petition on his or her own or with the assistance of an 
12
attorney. The failure of the judge to inform the delinquent 
13
minor of his or her right to petition for expungement as 
14
provided by law does not create a substantive right, nor is 
15
that failure grounds for: (i) a reversal of an adjudication of 
16
delinquency, (ii) a new trial; or (iii) an appeal.
17
    (2.8) (2.7) For counties with a population over 3,000,000, 
18
the clerk of the circuit court shall send a "Notification of a 
19
Possible Right to Expungement" post card to the minor at the 
20
address last received by the clerk of the circuit court on the 
21
date that the minor attains the age of 17 based on the 
22
birthdate provided to the court by the minor or his or her 
23
guardian in cases under paragraphs (b), (c),  and (d) of 
24
subsection (2) (1); and when the minor attains the age of 21 
25
based on the birthdate provided to the court by the minor or 
26
his or her guardian in cases under subsection (2).
 


 






HB1126 Engrossed
- 34 -
LRB096 07475 RLC 17568 b




1
    (2.9) (2.8) The petition for expungement for subsection (2) 
2
(1)  shall be substantially in the following form:
3

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

4

........ JUDICIAL CIRCUIT


 
5
IN THE INTEREST OF )    NO.

6
                   )

7
                   )

8
...................)

9
(Name of Petitioner)
 
10

PETITION TO EXPUNGE JUVENILE RECORDS
11

(705 ILCS 405/5-915 (SUBSECTION  2   1 ))
12

(Please prepare a separate petition for each offense)
13
Now comes ............., petitioner, and respectfully requests

14
that this Honorable Court enter an order expunging all juvenile 
15
law enforcement and court records of petitioner and in support 
16
thereof states that:
Petitioner has attained the age of 17, 
17
his/her birth date being ......, or all
Juvenile Court 
18
proceedings terminated as of ......, whichever occurred later.


19
Petitioner was arrested on ..... by the ....... Police 
20
Department for the offense of ......., and:

21
(Check One:)

22
( ) a. no petition was filed with the Clerk of the Circuit 
23
Court.
24
( ) b. was charged with ...... and was found not delinquent
        of 
 


 






HB1126 Engrossed
- 35 -
LRB096 07475 RLC 17568 b




1
the offense.
2
( ) c. a petition was filed and the petition was dismissed 
3
without a finding of delinquency on .....
4
( ) d. on ....... placed under supervision pursuant to Section 
5
5-615 of the Juvenile Court Act of 1987 and such order of 
6
supervision successfully terminated on ........
7
( ) e. was adjudicated for the offense, which would have been a 
8
Class B misdemeanor, a Class C misdemeanor, or a petty offense 
9
or business offense if committed by an adult.

10
Petitioner .... has  .... has not  been arrested on charges in 
11
this or any county other than the charges listed above.  If 
12
petitioner has been arrested on additional charges, please list 
13
the charges below:

14
Charge(s): ......
15
Arresting Agency or Agencies: ...........
16
Disposition/Result: (choose from a. through e., above): .....

17
WHEREFORE, the petitioner respectfully requests this Honorable 
18
Court to (1) order all law enforcement agencies to expunge all 
19
records of petitioner to this incident, and (2) to order the 
20
Clerk of the Court to expunge all records concerning the 
21
petitioner regarding this incident.
 
22

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

23

Petitioner (Signature)



 
24

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



 


 






HB1126 Engrossed
- 36 -
LRB096 07475 RLC 17568 b




1

Petitioner's Street Address

 
2

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



3

City, State, Zip Code

 
4

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

Petitioner's Telephone Number

 
6
Pursuant to the penalties of perjury under the Code of Civil 
7
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
8
statements in this petition are true and correct, or on 
9
information and belief I believe the same to be true.
 
10

......................
11

Petitioner (Signature)

12
The Petition for Expungement for subsection (2.5) (2) shall be 
13
substantially in the following form:
 
14

IN THE CIRCUIT COURT OF ........, ILLINOIS
15

........ JUDICIAL CIRCUIT

 
16
IN THE INTEREST OF )    NO.

17
                   )

18
                   )

19
...................)

20
(Name of Petitioner)
 
 


 






HB1126 Engrossed
- 37 -
LRB096 07475 RLC 17568 b




1

PETITION TO EXPUNGE JUVENILE RECORDS
 

2

(705 ILCS 405/5-915 (SUBSECTION  2.5   2 ))

3

(Please prepare a separate petition for each offense)

4
Now comes ............, petitioner, and respectfully requests 
5
that this Honorable Court enter an order expunging all Juvenile 
6
Law Enforcement and Court records of petitioner and in support 
7
thereof states that:
8
The incident for which the Petitioner seeks expungement 
9
occurred before the Petitioner's 17th birthday and did not 
10
result in proceedings in criminal court and the Petitioner has 
11
not had any convictions for any crime since his/her 17th 
12
birthday; and

13
The incident for which the Petitioner seeks expungement 
14
occurred before the Petitioner's 17th birthday and the 
15
adjudication was not based upon first-degree murder or sex 
16
offenses which would be felonies if committed by an adult, and 
17
the Petitioner has not had any convictions for any crime since 
18
his/her 17th birthday.
19
Petitioner was arrested on ...... by the ....... Police 
20
Department for the offense of ........, and:
21
(Check whichever one occurred the latest:)
22
( ) a. The Petitioner has attained the age of 21 years, his/her 
23
birthday being .......; or
24
( ) b. 5 years have elapsed since all juvenile court 
25
proceedings relating to the Petitioner have been terminated; or 
 


 






HB1126 Engrossed
- 38 -
LRB096 07475 RLC 17568 b




1
the Petitioner's commitment to the Department of Juvenile 
2
Justice
 pursuant to the expungement of juvenile law enforcement 
3
and  court records provisions of the Juvenile Court Act of 1987 
4
has been terminated.

Petitioner ...has ...has not been arrested 
5
on charges in this or any other county other than the charge 
6
listed above.  If petitioner has been arrested on additional 
7
charges, please list the charges below:
8
Charge(s):  ..........
9
Arresting Agency or Agencies: .......
10
Disposition/Result: (choose from a or b, above): ..........
11
WHEREFORE, the petitioner respectfully requests this Honorable 
12
Court to (1) order all law enforcement agencies to expunge all 
13
records of petitioner related to this incident, and (2) to 
14
order the Clerk of the Court to expunge all records concerning 
15
the petitioner regarding this incident.
 
16

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

17

Petitioner (Signature)

 
18

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

Petitioner's Street Address

 


20

.....................
21

City, State, Zip Code
22

.............................
23

Petitioner's Telephone Number

 

 


 






HB1126 Engrossed
- 39 -
LRB096 07475 RLC 17568 b




1
Pursuant to the penalties of perjury under the Code of Civil 
2
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
3
statements in this petition are true and correct, or on 
4
information and belief I believe the same to be true.
5

......................
6

Petitioner (Signature)

7
    (3) The chief judge of the circuit in which an arrest was 
8
made or a charge
was brought or any
judge of that circuit 
9
designated by the chief judge
may, upon verified petition
of a 
10
person who is the subject of an arrest or a juvenile court 
11
proceeding
under subsection (1) or (2) or (2.5) of this 
12
Section, order the law enforcement
records or official court 
13
file, or both, to be expunged from the official
records of the 
14
arresting authority, the clerk of the circuit court and the

15
Department of State Police. The person whose records are to be 
16
expunged shall petition the court using the appropriate form 
17
containing his or her current address and shall promptly notify 
18
the clerk of the circuit court of any change of address.  Notice


19
of the petition shall be served upon the State's Attorney or 
20
prosecutor charged with the duty of prosecuting the offense, 
21
the Department of State Police, and the arresting agency or 
22
agencies by the clerk of the circuit court.  If an objection is 
23
filed within 45

days of the notice of the petition, the clerk 
24
of the circuit court shall set a date for hearing after the 45
 
25
day objection period.  At the hearing the court shall hear 
 


 






HB1126 Engrossed
- 40 -
LRB096 07475 RLC 17568 b




1
evidence on whether the expungement should or should not be 
2
granted.  Unless the State's Attorney or prosecutor, the 
3
Department of State Police, or an arresting agency objects to 
4
the expungement within 45
 days of the notice, the court may 
5
enter an order granting expungement.  The person whose records 
6
are to be expunged shall pay the clerk of the circuit court a 
7
fee equivalent to the cost associated with expungement of 
8
records by the clerk and the Department of State Police.  The 
9
clerk shall forward a certified copy of the order to the 
10
Department of State Police, the appropriate portion of the fee 
11
to the Department of State Police for processing, and deliver a 
12
certified copy of the order to the arresting agency.

13
    (3.1) The Notice of Expungement shall be in substantially 
14
the following form:
15

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

16

.... JUDICIAL CIRCUIT


 
17
IN THE INTEREST OF )    NO.

18
                   )

19
                   )

20
...................)

21
(Name of Petitioner)
 
22

NOTICE

23
TO:  State's Attorney

24
TO:  Arresting Agency

 


 






HB1126 Engrossed
- 41 -
LRB096 07475 RLC 17568 b




1


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

3
................

4


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

6
................

7
TO:  Illinois State Police

8


9
.....................

10


11
.....................


12
ATTENTION: Expungement

13
You are hereby notified that on ....., at ....., in courtroom 
14
..., located at ..., before the Honorable ..., Judge, or any 
15
judge sitting in his/her stead, I shall then and there present 
16
a Petition to Expunge Juvenile records in the above-entitled 
17
matter, at which time and place you may appear.
18

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

Petitioner's Signature
20

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

21

Petitioner's Street Address
22

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


23

City, State, Zip Code
24

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

Petitioner's Telephone Number
26

PROOF OF SERVICE

 


 






HB1126 Engrossed
- 42 -
LRB096 07475 RLC 17568 b




1
On the ....... day of ......, 20..., I on oath state that I 
2
served this notice and true and correct copies of the 
3
above-checked documents by:
4
(Check One:)
5
delivering copies personally to each entity to whom they are 
6
directed;
7
or
8
by mailing copies to each entity to whom they are directed by 
9
depositing the same in the U.S. Mail, proper postage fully 
10
prepaid, before the hour of 5:00 p.m., at the United States 
11
Postal Depository located at .................
12

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


13


14
Signature
15

Clerk of the Circuit Court or Deputy Clerk
16
Printed Name of Delinquent Minor/Petitioner: ....
17
Address: ........................................
18
Telephone Number: ...............................
19
    (3.2) The Order of Expungement shall be in substantially 
20
the following form:
21

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

22

.... JUDICIAL CIRCUIT


 
23
IN THE INTEREST OF )    NO.

24
                   )

25
                   )

 


 






HB1126 Engrossed
- 43 -
LRB096 07475 RLC 17568 b




1
...................)

2
(Name of Petitioner)
 

3
DOB ................
4
Arresting Agency/Agencies ......
5

ORDER OF EXPUNGEMENT

6

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



7
This matter having been heard on the petitioner's motion and 
8
the court being fully advised in the premises does find that 
9
the petitioner is indigent or has presented reasonable cause to 
10
waive all costs in this matter, IT IS HEREBY ORDERED that:
11
    ( ) 1. Clerk of Court and Department of State Police costs 
12
are hereby waived in this matter.
13
    ( ) 2. The Illinois State Police Bureau of Identification 
14
and the following law enforcement agencies expunge all records 
15
of petitioner relating to an arrest dated ...... for the 
16
offense of ......
17

Law Enforcement Agencies:

18

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

19

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

20
    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit 
21
Court expunge all records regarding the above-captioned case.
22

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

23


24
JUDGE
25
DATED: .......
 


 






HB1126 Engrossed
- 44 -
LRB096 07475 RLC 17568 b




1
Name:

2
Attorney for:

3
Address:
City/State/Zip:

4
Attorney Number:
5
    (3.3) The Notice of Objection shall be in substantially the 
6
following form:
7

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

8

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


 
9
IN THE INTEREST OF )    NO.

10
                   )

11
                   )

12
...................)

13
(Name of Petitioner)
 
14

NOTICE OF OBJECTION

15
TO:(Attorney, Public Defender, Minor)

16
.................................

17
.................................

18
TO:(Illinois State Police)

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

20
.................................
21
TO:(Clerk of the Court)

22
.................................

23
.................................

24
TO:(Judge)

 


 






HB1126 Engrossed
- 45 -
LRB096 07475 RLC 17568 b




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

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

3
TO:(Arresting Agency/Agencies)

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

5
.................................
6
ATTENTION:

You are hereby notified that an objection has been 
7
filed by the following entity regarding the above-named minor's 
8
petition for expungement of juvenile records:
9
( ) State's Attorney's Office;

10
( ) Prosecutor (other than State's Attorney's Office) charged 
11
with the duty of prosecuting the               offense sought to be expunged;

12
( ) Department of Illinois State Police; or

13
( ) Arresting Agency or Agencies.

14
The agency checked above respectfully requests that this case 
15
be continued and set for hearing on whether the expungement 
16
should or should not be granted.

17
DATED: .......
18
Name:
19
Attorney For:

20
Address:
21
City/State/Zip:

22
Telephone:

23
Attorney No.: 

24

FOR USE BY CLERK OF THE COURT PERSONNEL ONLY



25
This matter has been set for hearing on the foregoing 
26
objection, on ...... in room ...., located at ....., before the 
 


 






HB1126 Engrossed
- 46 -
LRB096 07475 RLC 17568 b




1
Honorable ....., Judge, or any judge sitting in his/her stead.
 
2
(Only one hearing shall be set, regardless of the number of 
3
Notices of Objection received on the same case).

4
A copy of this completed Notice of Objection containing the 
5
court date, time, and location, has been sent via regular U.S. 
6
Mail to the following entities.  (If more than one Notice of 
7
Objection is received on the same case, each one must be 
8
completed with the court date, time and location and mailed to 
9
the following entities):

10
( ) Attorney, Public Defender or Minor;

11
( ) State's Attorney's Office;
12
( ) Prosecutor (other than State's Attorney's Office) charged 
13
with the duty of prosecuting the     offense sought to be expunged;
14
( ) Department of Illinois State Police; and
15
( ) Arresting agency or agencies.

16
Date: ......
17
Initials of Clerk completing this section: .....


18
    (4) Upon entry of an order expunging records or files, the 
19
offense, which
the records or files concern shall be treated as 
20
if it never occurred. Law
enforcement officers and other public 
21
offices and agencies shall properly reply
on inquiry that no 
22
record or file exists with respect to the
person. 

23
    (5) Records which have not been expunged are sealed, and 
24
may be obtained
only under the provisions of Sections 5-901, 
25
5-905 and 5-915.

26
    (6) Nothing in this Section shall be construed to prohibit 
 


 






HB1126 Engrossed
- 47 -
LRB096 07475 RLC 17568 b




1
the maintenance
of information relating to an offense after 
2
records or files concerning the
offense have been expunged if 
3
the information is kept in a manner that does not
enable 
4
identification of the offender.  This information may only be 
5
used for
statistical and bona fide research purposes.
6
    (7)(a) The State Appellate Defender shall establish, 
7
maintain, and carry out, by December 31, 2004,  a juvenile 
8
expungement program
to provide information and assistance to 
9
minors eligible to have their juvenile records expunged.

10
    (b) The State Appellate Defender shall develop brochures, 
11
pamphlets, and
other
materials in
printed form and through the 
12
agency's World Wide Web site.  The pamphlets and
other materials 
13
shall
include at a minimum the following information:


14
        (i) An explanation of the State's juvenile expungement 
15
    process;
16
        (ii) The circumstances under which juvenile 
17
    expungement may occur;
18
        (iii) The juvenile offenses that may be expunged;
19
        (iv) The steps necessary to initiate and complete the 
20
    juvenile expungement process;
and
21
        (v) Directions on how to contact the State Appellate 
22
    Defender.
23
    (c) The State Appellate Defender shall establish and 
24
maintain a statewide
toll-free telephone
number that a person 
25
may use to receive information or assistance concerning
the 
26
expungement of juvenile records. The State Appellate
Defender 
 


 






HB1126 Engrossed
- 48 -
LRB096 07475 RLC 17568 b




1
shall advertise
the toll-free telephone number statewide. The 
2
State Appellate Defender shall
develop an expungement

3
information packet that may be sent to eligible persons seeking 
4
expungement of
their juvenile records,
which may include, but 
5
is not limited to, a pre-printed expungement petition
with 
6
instructions on how
to complete the petition and a pamphlet 
7
containing information that would
assist individuals through

8
the juvenile expungement process.
9
    (d) The State Appellate Defender shall compile a statewide 
10
list of volunteer
attorneys willing
to assist eligible 
11
individuals through the juvenile expungement process.
12
    (e) This Section shall be implemented from funds 
13
appropriated by the General
Assembly to the State
Appellate 
14
Defender
for this purpose. The State Appellate Defender shall 
15
employ the necessary staff
and adopt the
necessary rules for 
16
implementation of this Section.
17
    (8)(a) Except with respect to law enforcement agencies, the 
18
Department of Corrections, State's Attorneys, or other 
19
prosecutors, an expunged juvenile record may not be considered 
20
by any private or public entity in employment matters, 
21
certification, licensing, revocation of certification or 
22
licensure, or registration.  Applications for employment must 
23
contain specific language that states that the applicant is not 
24
obligated to disclose expunged juvenile records of conviction 
25
or arrest.  Employers may not ask  if an applicant has had a 
26
juvenile record expunged.  Effective January 1, 2005, the 
 


 






HB1126 Engrossed
- 49 -
LRB096 07475 RLC 17568 b




1
Department of Labor shall develop a link on the Department's 
2
website to inform employers that employers may not ask if an 
3
applicant had a juvenile record expunged and that application 
4
for employment must contain specific language that states that 
5
the applicant is not obligated to disclose expunged juvenile 
6
records of arrest or conviction.
7
    (b) A person whose juvenile records have been expunged is 
8
not entitled to remission of any fines, costs, or other money 
9
paid as a consequence of expungement.  This amendatory Act of 
10
the 93rd General Assembly does not affect the right of the 
11
victim of a crime to prosecute or defend a civil action for 
12
damages.

13
(Source: P.A. 94-696, eff. 6-1-06; 95-861, eff. 1-1-09.)