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| 1 | AN ACT concerning courts.
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| 2 | Be it enacted by the People of the State of Illinois,
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| 3 | represented in the General Assembly:
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| 4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
| 5 | changing Section 5-622 as follows: | ||||||
| 6 | (705 ILCS 405/5-622) | ||||||
| 7 | Sec. 5-622. Expungement review. Any minor charged with a | ||||||
| 8 | misdemeanor offense as a first offense, regardless of the | ||||||
| 9 | disposition of the charge, is eligible for expungement review | ||||||
| 10 | by the court upon his or her 18th birthday or upon completion | ||||||
| 11 | of the minor's sentence or disposition of the charge against | ||||||
| 12 | the minor, whichever is later. Upon motion by counsel filed | ||||||
| 13 | within 30 days after entry of the judgment of the court, the | ||||||
| 14 | court shall set a time for an expungement review hearing within | ||||||
| 15 | a month of the minor's 18th birthday or within a month of | ||||||
| 16 | completion of the minor's sentence or disposition of the charge | ||||||
| 17 | against the minor, whichever is later. No hearing shall be held | ||||||
| 18 | if the minor fails to appear, and no penalty shall attach to | ||||||
| 19 | the minor. However, if If the minor appears in person, or by | ||||||
| 20 | counsel upon a showing that the minor respondent is unavailable | ||||||
| 21 | due to active military duty or currently out of state attending | ||||||
| 22 | school, the court shall hold a hearing to determine whether to | ||||||
| 23 | expunge the law enforcement and court records of the minor. | ||||||
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| 1 | Evidence of the minor's unavailability at the hearing includes, | ||||||
| 2 | but is not limited to, a certified certificate of military | ||||||
| 3 | enlistment, a certified statement of service, or an official | ||||||
| 4 | school transcript. Objections to expungement shall be limited | ||||||
| 5 | to the following: | ||||||
| 6 | (a) that the offense for which the minor was arrested | ||||||
| 7 | is still under active investigation; | ||||||
| 8 | (b) that the minor is a potential witness in an | ||||||
| 9 | upcoming court proceeding and that such arrest record is | ||||||
| 10 | relevant to that proceeding; | ||||||
| 11 | (c) that the arrest at issue was for one of the | ||||||
| 12 | following offenses: | ||||||
| 13 | (i) any homicide; | ||||||
| 14 | (ii) an offense involving a deadly weapon; | ||||||
| 15 | (iii) a sex offense as defined in the Sex Offender | ||||||
| 16 | Registration Act; | ||||||
| 17 | (iv) aggravated domestic battery. | ||||||
| 18 | In the absence of an objection, or if the objecting party | ||||||
| 19 | fails to prove one of the above-listed objections, the court | ||||||
| 20 | shall enter an order granting expungement. The clerk shall | ||||||
| 21 | forward a certified copy of the order to the Department of | ||||||
| 22 | State Police and the arresting agency. The Department and the | ||||||
| 23 | arresting agency shall comply with such order to expunge within | ||||||
| 24 | 60 days of receipt. An objection or a denial of an expungement | ||||||
| 25 | order under this subsection does not operate to bar the filing | ||||||
| 26 | of a Petition to Expunge by the minor under subsection (2) of | ||||||
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| 1 | Section 5-915 where applicable.
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| 2 | (Source: P.A. 96-707, eff. 1-1-10.)
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| 3 | Section 99. Effective date. This Act takes effect upon | ||||||
| 4 | becoming law.
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