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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 Sections 5-715 and 5-915 as follows: | |||||||||||||||||||||
6 | (705 ILCS 405/5-715)
| |||||||||||||||||||||
7 | Sec. 5-715. Probation.
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8 | (1) The period of probation or conditional discharge shall | |||||||||||||||||||||
9 | not exceed 5
years or until the minor has attained the age of | |||||||||||||||||||||
10 | 21 years, whichever is less,
except as provided in this Section | |||||||||||||||||||||
11 | for a minor who is found to be guilty
for an offense which is | |||||||||||||||||||||
12 | first degree murder, a Class X felony or a forcible
felony. The | |||||||||||||||||||||
13 | juvenile court may terminate probation or
conditional | |||||||||||||||||||||
14 | discharge and discharge the minor at any time if warranted by | |||||||||||||||||||||
15 | the
conduct of the minor and the ends of justice; provided, | |||||||||||||||||||||
16 | however, that the
period of probation for a minor who is found | |||||||||||||||||||||
17 | to be guilty for an offense which
is first degree murder, a | |||||||||||||||||||||
18 | Class X felony, or a forcible felony shall be at
least 5 years.
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19 | (2) The court may as a condition of probation or of | |||||||||||||||||||||
20 | conditional discharge
require that the minor:
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21 | (a) not violate any criminal statute of any | |||||||||||||||||||||
22 | jurisdiction;
| |||||||||||||||||||||
23 | (b) make a report to and appear in person before any |
| |||||||
| |||||||
1 | person or agency as
directed by the court;
| ||||||
2 | (c) work or pursue a course of study or vocational | ||||||
3 | training;
| ||||||
4 | (d) undergo medical or psychiatric treatment, rendered | ||||||
5 | by a psychiatrist
or
psychological treatment rendered by a | ||||||
6 | clinical psychologist or social work
services rendered by a | ||||||
7 | clinical social worker, or treatment for drug addiction
or | ||||||
8 | alcoholism;
| ||||||
9 | (e) attend or reside in a facility established for the | ||||||
10 | instruction or
residence of persons on probation;
| ||||||
11 | (f) support his or her dependents, if any;
| ||||||
12 | (g) refrain from possessing a firearm or other | ||||||
13 | dangerous weapon, or an
automobile;
| ||||||
14 | (h) permit the probation officer to visit him or her at | ||||||
15 | his or her home or
elsewhere;
| ||||||
16 | (i) reside with his or her parents or in a foster home;
| ||||||
17 | (j) attend school;
| ||||||
18 | (j-5) with the consent of the superintendent
of the
| ||||||
19 | facility,
attend an educational program at a facility other | ||||||
20 | than the school
in which the
offense was committed if he
or | ||||||
21 | she committed a crime of violence as
defined in
Section 2 | ||||||
22 | of the Crime Victims Compensation Act in a school, on the
| ||||||
23 | real
property
comprising a school, or within 1,000 feet of | ||||||
24 | the real property comprising a
school;
| ||||||
25 | (k) attend a non-residential program for youth;
| ||||||
26 | (l) make restitution under the terms of subsection (4) |
| |||||||
| |||||||
1 | of Section 5-710;
| ||||||
2 | (m) contribute to his or her own support at home or in | ||||||
3 | a foster home;
| ||||||
4 | (n) perform some reasonable public or community | ||||||
5 | service;
| ||||||
6 | (o) participate with community corrections programs | ||||||
7 | including unified
delinquency intervention services | ||||||
8 | administered by the Department of Human
Services
subject to | ||||||
9 | Section 5 of the Children and Family Services Act;
| ||||||
10 | (p) pay costs;
| ||||||
11 | (q) serve a term of home confinement. In addition to | ||||||
12 | any other applicable
condition of probation or conditional | ||||||
13 | discharge, the conditions of home
confinement shall be that | ||||||
14 | the minor:
| ||||||
15 | (i) remain within the interior premises of the | ||||||
16 | place designated for his
or her confinement during the | ||||||
17 | hours designated by the court;
| ||||||
18 | (ii) admit any person or agent designated by the | ||||||
19 | court into the minor's
place of confinement at any time | ||||||
20 | for purposes of verifying the minor's
compliance with | ||||||
21 | the conditions of his or her confinement; and
| ||||||
22 | (iii) use an approved electronic monitoring device | ||||||
23 | if ordered by the
court subject to Article 8A of | ||||||
24 | Chapter V of the Unified Code of Corrections;
| ||||||
25 | (r) refrain from entering into a designated geographic | ||||||
26 | area except upon
terms as the court finds appropriate. The |
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| |||||||
1 | terms may include consideration of
the purpose of the | ||||||
2 | entry, the time of day, other persons accompanying the
| ||||||
3 | minor, and advance approval by a probation officer, if the | ||||||
4 | minor has been
placed on probation, or advance approval by | ||||||
5 | the court, if the minor has been
placed on conditional | ||||||
6 | discharge;
| ||||||
7 | (s) refrain from having any contact, directly or | ||||||
8 | indirectly, with certain
specified persons or particular | ||||||
9 | types of persons, including but not limited to
members of | ||||||
10 | street gangs and drug users or dealers;
| ||||||
11 | (s-5) undergo a medical or other procedure to have a | ||||||
12 | tattoo symbolizing
allegiance to a street
gang removed from | ||||||
13 | his or her body;
| ||||||
14 | (t) refrain from having in his or her body the presence | ||||||
15 | of any illicit
drug
prohibited by the Cannabis Control Act, | ||||||
16 | the Illinois Controlled Substances
Act, or the | ||||||
17 | Methamphetamine Control and Community Protection Act, | ||||||
18 | unless prescribed
by a physician, and shall submit samples | ||||||
19 | of his or her blood or urine or both
for tests to determine | ||||||
20 | the presence of any illicit drug; or
| ||||||
21 | (u) comply with other conditions as may be ordered by | ||||||
22 | the court.
| ||||||
23 | (3) The court may as a condition of probation or of | ||||||
24 | conditional discharge
require that a minor found guilty on any | ||||||
25 | alcohol, cannabis, methamphetamine, or
controlled substance | ||||||
26 | violation, refrain from acquiring a driver's license
during the |
| |||||||
| |||||||
1 | period of probation or conditional discharge. If the minor is | ||||||
2 | in
possession of a permit or license, the court may require | ||||||
3 | that the minor refrain
from driving or operating any motor | ||||||
4 | vehicle during the period of probation or
conditional | ||||||
5 | discharge, except as may be necessary in the course of the | ||||||
6 | minor's
lawful
employment.
| ||||||
7 | (3.5) The court shall, as a condition of probation or of | ||||||
8 | conditional
discharge,
require that a minor found to be guilty | ||||||
9 | and placed on probation for reasons
that include a
violation of | ||||||
10 | Section 3.02 or Section 3.03 of the Humane Care for Animals Act | ||||||
11 | or
paragraph
(d) of subsection (1) of Section 21-1 of the
| ||||||
12 | Criminal Code of 1961 undergo medical or psychiatric treatment | ||||||
13 | rendered by a
psychiatrist or psychological treatment rendered | ||||||
14 | by a clinical psychologist.
The
condition may be in addition to | ||||||
15 | any other condition.
| ||||||
16 | (3.10) The court shall order that a minor placed on | ||||||
17 | probation or
conditional discharge for a sex offense as defined | ||||||
18 | in the Sex Offender
Management Board Act undergo and | ||||||
19 | successfully complete sex offender treatment.
The treatment | ||||||
20 | shall be in conformance with the standards developed under
the | ||||||
21 | Sex Offender Management Board Act and conducted by a treatment | ||||||
22 | provider
approved by the Board. The treatment shall be at the | ||||||
23 | expense of the person
evaluated based upon that person's | ||||||
24 | ability to pay for the treatment.
| ||||||
25 | (4) A minor on probation or conditional discharge shall be | ||||||
26 | given a
certificate setting forth the conditions upon which he |
| |||||||
| |||||||
1 | or she is being
released.
| ||||||
2 | (5) The court shall impose upon a minor placed on probation | ||||||
3 | or conditional
discharge, as a condition of the probation or | ||||||
4 | conditional discharge, a fee of
$25 for each month of probation | ||||||
5 | or conditional discharge supervision ordered by
the court, | ||||||
6 | unless after determining the inability of the minor placed on
| ||||||
7 | probation or conditional discharge to pay the fee, the court | ||||||
8 | assesses a lesser
amount. The court may not impose the fee on a | ||||||
9 | minor who is made a ward of the
State under this Act while the | ||||||
10 | minor is in placement. The fee shall be
imposed only upon a | ||||||
11 | minor who is actively supervised by the probation and court
| ||||||
12 | services department. The court may order the parent, guardian, | ||||||
13 | or legal
custodian of the minor to pay some or all of the fee on | ||||||
14 | the minor's behalf.
| ||||||
15 | (6) The General Assembly finds that in order to protect the | ||||||
16 | public, the
juvenile justice system must compel compliance with | ||||||
17 | the conditions of probation
by responding to violations with | ||||||
18 | swift, certain, and fair punishments and
intermediate | ||||||
19 | sanctions. The Chief Judge of each circuit shall adopt a system
| ||||||
20 | of structured, intermediate sanctions for violations of the | ||||||
21 | terms and
conditions of a sentence of supervision, probation or | ||||||
22 | conditional discharge,
under this
Act.
| ||||||
23 | The court shall provide as a condition of a disposition of | ||||||
24 | probation,
conditional discharge, or supervision, that the | ||||||
25 | probation agency may invoke any
sanction from the list of | ||||||
26 | intermediate sanctions adopted by the chief judge of
the |
| |||||||
| |||||||
1 | circuit court for violations of the terms and conditions of the | ||||||
2 | sentence of
probation, conditional discharge, or supervision, | ||||||
3 | subject to the provisions of
Section 5-720 of this Act.
| ||||||
4 | (7)(a) Whenever any minor who has not previously been found | ||||||
5 | delinquent or convicted of a felony offense under the laws of | ||||||
6 | this State, the laws of any other State, or the laws of the | ||||||
7 | United States, pleads guilty to, or is found guilty of, a | ||||||
8 | probationable felony offense of theft, retail theft, forgery, | ||||||
9 | prostitution, possession of a stolen motor vehicle, burglary, | ||||||
10 | possession of burglary tools, possession of cannabis, | ||||||
11 | possession of cannabis with intent to deliver, delivery of | ||||||
12 | cannabis, possession of a controlled substance, possession of a | ||||||
13 | controlled substance with intent to deliver, delivery of a | ||||||
14 | controlled substance, possession of methamphetamine, | ||||||
15 | possession of methamphetamine with intent to deliver, or | ||||||
16 | delivery of methamphetamine, the court, with the consent of | ||||||
17 | both the minor and the State's Attorney, may, without entering | ||||||
18 | a judgment, sentence the minor to probation as set forth in | ||||||
19 | this subsection (7). | ||||||
20 | (a-1) Exemptions. A minor shall not be eligible for | ||||||
21 | probation under this Section if he or she has pled guilty to, | ||||||
22 | or has been found guilty of, a violent offense. For purposes of | ||||||
23 | this probation, "violent offense" means any offense where | ||||||
24 | bodily harm was inflicted or where force was used against any | ||||||
25 | person or threatened against any person, any offense involving | ||||||
26 | sexual conduct, sexual penetration, or sexual exploitation, |
| |||||||
| |||||||
1 | any offense of domestic violence, domestic battery, violation | ||||||
2 | of an order of protection, stalking, haste crime, driving under | ||||||
3 | the influence of drugs or alcohol, and any offense involving | ||||||
4 | the possession of a firearm or dangerous weapon. | ||||||
5 | (b) When a minor is placed on probation under this Section, | ||||||
6 | the court shall enter an order specifying a period of probation | ||||||
7 | or not less than 24 months and shall defer further proceedings | ||||||
8 | in the case until the conclusion of the period or until the | ||||||
9 | filing of a petition alleging violation of a term or condition | ||||||
10 | of probation. | ||||||
11 | (c) The court may as a condition of probation under this | ||||||
12 | Section require that the minor comply with any of the | ||||||
13 | conditions set out in subsections (2), (3), and (3.5) of this | ||||||
14 | Section. | ||||||
15 | (d) The court may, in addition to other conditions, require | ||||||
16 | that the minor make a report to and appear in person before or | ||||||
17 | participate with the court or such courts, person, or social | ||||||
18 | service agency as directed by the court in the order of | ||||||
19 | probation. | ||||||
20 | (e) Upon violation of a term or condition of probation | ||||||
21 | under this Section, the court may enter a judgment on its | ||||||
22 | original finding of guilt and proceed as otherwise provided. | ||||||
23 | (f) Upon fulfillment of the terms and conditions of | ||||||
24 | probation under this Section, the court shall discharge the | ||||||
25 | minor and dismiss the proceedings against the minor. | ||||||
26 | (g) A disposition of probation under this Section is |
| |||||||
| |||||||
1 | considered to be a finding of delinquency for the purposes of | ||||||
2 | imposing the conditions of probation and for appeal; however, | ||||||
3 | after discharge and dismissal under this Section there is not a | ||||||
4 | finding of delinquency for any other purposes of the Juvenile | ||||||
5 | Court Act or for purposes of disqualifications or disabilities | ||||||
6 | imposed by law upon a finding of delinquency. | ||||||
7 | (h) There may be only one discharge under this Section per | ||||||
8 | minor. | ||||||
9 | (i) If a minor is convicted of any offense within 5 years | ||||||
10 | subsequent to a discharge and dismissal under this Section, the | ||||||
11 | discharge and dismissal under this Section shall be admissible | ||||||
12 | in the sentencing proceeding for that conviction as evidence in | ||||||
13 | aggravation. | ||||||
14 | (Source: P.A. 93-616, eff. 1-1-04; 94-556, eff. 9-11-05.)
| ||||||
15 | (705 ILCS 405/5-915)
| ||||||
16 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
17 | court records.
| ||||||
18 | (0.05) For purposes of this Section and Section 5-622: | ||||||
19 | "Expunge" means to physically destroy the records and | ||||||
20 | to obliterate the minor's name from any official index or | ||||||
21 | public record, or both. Nothing in this Act shall require | ||||||
22 | the physical destruction of the internal office records, | ||||||
23 | files, or databases maintained by a State's Attorney's | ||||||
24 | Office or other prosecutor. | ||||||
25 | "Law enforcement record" includes but is not limited to |
| |||||||
| |||||||
1 | records of arrest, station adjustments, fingerprints, | ||||||
2 | probation adjustments, the issuance of a notice to appear, | ||||||
3 | or any other records maintained by a law enforcement agency | ||||||
4 | relating to a minor suspected of committing an offense. | ||||||
5 | (1) Whenever any person has attained the age of 17 or | ||||||
6 | whenever all juvenile
court proceedings relating to that person | ||||||
7 | have been terminated, whichever is
later, the person may | ||||||
8 | petition the court to expunge law enforcement records
relating | ||||||
9 | to incidents occurring before his or her 17th birthday or his | ||||||
10 | or her
juvenile court
records, or both, but only in the | ||||||
11 | following circumstances:
| ||||||
12 | (a) the minor was arrested and no petition for | ||||||
13 | delinquency was filed with
the clerk of the circuit court; | ||||||
14 | or
| ||||||
15 | (b) the minor was charged with an offense and was found | ||||||
16 | not delinquent of
that offense; or
| ||||||
17 | (c) the minor was placed under supervision pursuant to | ||||||
18 | Section 5-615 or under probation pursuant to paragraph (7) | ||||||
19 | of Section 5-715 , and
the order of
supervision has since | ||||||
20 | been successfully terminated; or
| ||||||
21 | (d)
the minor was adjudicated for an offense which | ||||||
22 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
23 | petty or business offense if committed by an adult.
| ||||||
24 | (2) Any person may petition the court to expunge all law | ||||||
25 | enforcement records
relating to any
incidents occurring before | ||||||
26 | his or her 17th birthday which did not result in
proceedings in |
| |||||||
| |||||||
1 | criminal court and all juvenile court records with respect to
| ||||||
2 | any adjudications except those based upon first degree
murder | ||||||
3 | and
sex offenses which would be felonies if committed by an | ||||||
4 | adult, if the person
for whom expungement is sought has had no
| ||||||
5 | convictions for any crime since his or her 17th birthday and:
| ||||||
6 | (a) has attained the age of 21 years; or
| ||||||
7 | (b) 5 years have elapsed since all juvenile court | ||||||
8 | proceedings relating to
him or her have been terminated or | ||||||
9 | his or her commitment to the Department of
Juvenile Justice
| ||||||
10 | pursuant to this Act has been terminated;
| ||||||
11 | whichever is later of (a) or (b). Nothing in this Section 5-915 | ||||||
12 | precludes a minor from obtaining expungement under Section | ||||||
13 | 5-622. | ||||||
14 | (2.5) If a minor is arrested and no petition for | ||||||
15 | delinquency is filed with the clerk of the circuit court as | ||||||
16 | provided in paragraph (a) of subsection (1) at the time the | ||||||
17 | minor is released from custody, the youth officer, if | ||||||
18 | applicable, or other designated person from the arresting | ||||||
19 | agency, shall notify verbally and in writing to the minor or | ||||||
20 | the minor's parents or guardians that if the State's Attorney | ||||||
21 | does not file a petition for delinquency, the minor has a right | ||||||
22 | to petition to have his or her arrest record expunged when the | ||||||
23 | minor attains the age of 17 or when all juvenile court | ||||||
24 | proceedings relating to that minor have been terminated and | ||||||
25 | that unless a petition to expunge is filed, the minor shall | ||||||
26 | have an arrest record and shall provide the minor and the |
| |||||||
| |||||||
1 | minor's parents or guardians with an expungement information | ||||||
2 | packet, including a petition to expunge juvenile records | ||||||
3 | obtained from the clerk of the circuit court. | ||||||
4 | (2.6) If a minor is charged with an offense and is found | ||||||
5 | not delinquent of that offense; or if a minor is placed under | ||||||
6 | supervision under Section 5-615, and the order of supervision | ||||||
7 | is successfully terminated; or if a minor is adjudicated for an | ||||||
8 | offense that would be a Class B misdemeanor, a Class C | ||||||
9 | misdemeanor, or a business or petty offense if committed by an | ||||||
10 | adult; or if a minor has incidents occurring before his or her | ||||||
11 | 17th birthday that have not resulted in proceedings in criminal | ||||||
12 | court, or resulted in proceedings in juvenile court, and the | ||||||
13 | adjudications were not based upon first degree murder or sex | ||||||
14 | offenses that would be felonies if committed by an adult; then | ||||||
15 | at the time of sentencing or dismissal of the case, the judge | ||||||
16 | shall inform the delinquent minor of his or her right to | ||||||
17 | petition for expungement as provided by law, and the clerk of | ||||||
18 | the circuit court shall provide an expungement information | ||||||
19 | packet to the delinquent minor, written in plain language, | ||||||
20 | including a petition for expungement, a sample of a completed | ||||||
21 | petition, expungement instructions that shall include | ||||||
22 | information informing the minor that (i) once the case is | ||||||
23 | expunged, it shall be treated as if it never occurred, (ii) he | ||||||
24 | or she may apply to have petition fees waived, (iii) once he or | ||||||
25 | she obtains an expungement, he or she may not be required to | ||||||
26 | disclose that he or she had a juvenile record, and (iv) he or |
| |||||||
| |||||||
1 | she may file the petition on his or her own or with the | ||||||
2 | assistance of an attorney. The failure of the judge to inform | ||||||
3 | the delinquent minor of his or her right to petition for | ||||||
4 | expungement as provided by law does not create a substantive | ||||||
5 | right, nor is that failure grounds for: (i) a reversal of an | ||||||
6 | adjudication of delinquency, (ii) a new trial; or (iii) an | ||||||
7 | appeal. | ||||||
8 | (2.7) For counties with a population over 3,000,000, the | ||||||
9 | clerk of the circuit court shall send a "Notification of a | ||||||
10 | Possible Right to Expungement" post card to the minor at the | ||||||
11 | address last received by the clerk of the circuit court on the | ||||||
12 | date that the minor attains the age of 17 based on the | ||||||
13 | birthdate provided to the court by the minor or his or her | ||||||
14 | guardian in cases under paragraphs (b), (c), and (d) of | ||||||
15 | subsection (1); and when the minor attains the age of 21 based | ||||||
16 | on the birthdate provided to the court by the minor or his or | ||||||
17 | her guardian in cases under subsection (2). | ||||||
18 | (2.8) The petition for expungement for subsection (1) shall | ||||||
19 | be substantially in the following form: | ||||||
20 | IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||||||
21 | ........ JUDICIAL CIRCUIT
| ||||||
22 | IN THE INTEREST OF ) NO.
| ||||||
23 | )
| ||||||
24 | )
| ||||||
25 | ...................)
|
| |||||||
| |||||||
1 | (Name of Petitioner) | ||||||
2 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
3 | (705 ILCS 405/5-915 (SUBSECTION 1)) | ||||||
4 | (Please prepare a separate petition for each offense) | ||||||
5 | Now comes ............., petitioner, and respectfully requests
| ||||||
6 | that this Honorable Court enter an order expunging all juvenile | ||||||
7 | law enforcement and court records of petitioner and in support | ||||||
8 | thereof states that:
Petitioner has attained the age of 17, | ||||||
9 | his/her birth date being ......, or all
Juvenile Court | ||||||
10 | proceedings terminated as of ......, whichever occurred later.
| ||||||
11 | Petitioner was arrested on ..... by the ....... Police | ||||||
12 | Department for the offense of ......., and:
| ||||||
13 | (Check One:)
| ||||||
14 | ( ) a. no petition was filed with the Clerk of the Circuit | ||||||
15 | Court. | ||||||
16 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
17 | the offense. | ||||||
18 | ( ) c. a petition was filed and the petition was dismissed | ||||||
19 | without a finding of delinquency on ..... | ||||||
20 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
21 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
22 | supervision successfully terminated on ........ | ||||||
23 | ( ) e. was adjudicated for the offense, which would have been a | ||||||
24 | Class B misdemeanor, a Class C misdemeanor, or a petty offense | ||||||
25 | or business offense if committed by an adult.
|
| |||||||
| |||||||
1 | Petitioner .... has .... has not been arrested on charges in | ||||||
2 | this or any county other than the charges listed above. If | ||||||
3 | petitioner has been arrested on additional charges, please list | ||||||
4 | the charges below:
| ||||||
5 | Charge(s): ...... | ||||||
6 | Arresting Agency or Agencies: ........... | ||||||
7 | Disposition/Result: (choose from a. through e., above): .....
| ||||||
8 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
9 | Court to (1) order all law enforcement agencies to expunge all | ||||||
10 | records of petitioner to this incident, and (2) to order the | ||||||
11 | Clerk of the Court to expunge all records concerning the | ||||||
12 | petitioner regarding this incident. | ||||||
13 | ......................
| ||||||
14 | Petitioner (Signature)
| ||||||
15 | ..........................
| ||||||
16 | Petitioner's Street Address | ||||||
17 | .....................
| ||||||
18 | City, State, Zip Code | ||||||
19 | ............................. | ||||||
20 | Petitioner's Telephone Number | ||||||
21 | Pursuant to the penalties of perjury under the Code of Civil |
| |||||||
| |||||||
1 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
2 | statements in this petition are true and correct, or on | ||||||
3 | information and belief I believe the same to be true. | ||||||
4 | ...................... | ||||||
5 | Petitioner (Signature)
| ||||||
6 | The Petition for Expungement for subsection (2) shall be | ||||||
7 | substantially in the following form: | ||||||
8 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
9 | ........ JUDICIAL CIRCUIT | ||||||
10 | IN THE INTEREST OF ) NO.
| ||||||
11 | )
| ||||||
12 | )
| ||||||
13 | ...................)
| ||||||
14 | (Name of Petitioner) | ||||||
15 | PETITION TO EXPUNGE JUVENILE RECORDS
| ||||||
16 | (705 ILCS 405/5-915 (SUBSECTION 2))
| ||||||
17 | (Please prepare a separate petition for each offense)
| ||||||
18 | Now comes ............, petitioner, and respectfully requests | ||||||
19 | that this Honorable Court enter an order expunging all Juvenile | ||||||
20 | Law Enforcement and Court records of petitioner and in support | ||||||
21 | thereof states that: | ||||||
22 | The incident for which the Petitioner seeks expungement |
| |||||||
| |||||||
1 | occurred before the Petitioner's 17th birthday and did not | ||||||
2 | result in proceedings in criminal court and the Petitioner has | ||||||
3 | not had any convictions for any crime since his/her 17th | ||||||
4 | birthday; and
| ||||||
5 | The incident for which the Petitioner seeks expungement | ||||||
6 | occurred before the Petitioner's 17th birthday and the | ||||||
7 | adjudication was not based upon first-degree murder or sex | ||||||
8 | offenses which would be felonies if committed by an adult, and | ||||||
9 | the Petitioner has not had any convictions for any crime since | ||||||
10 | his/her 17th birthday. | ||||||
11 | Petitioner was arrested on ...... by the ....... Police | ||||||
12 | Department for the offense of ........, and: | ||||||
13 | (Check whichever one occurred the latest:) | ||||||
14 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
15 | birthday being .......; or | ||||||
16 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
17 | proceedings relating to the Petitioner have been terminated; or | ||||||
18 | the Petitioner's commitment to the Department of Juvenile | ||||||
19 | Justice
pursuant to the expungement of juvenile law enforcement | ||||||
20 | and court records provisions of the Juvenile Court Act of 1987 | ||||||
21 | has been terminated.
Petitioner ...has ...has not been arrested | ||||||
22 | on charges in this or any other county other than the charge | ||||||
23 | listed above. If petitioner has been arrested on additional | ||||||
24 | charges, please list the charges below: | ||||||
25 | Charge(s): .......... | ||||||
26 | Arresting Agency or Agencies: ....... |
| |||||||
| |||||||
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 |
| |||||||
| |||||||
1 | designated by the chief judge
may, upon verified petition
of a | ||||||
2 | person who is the subject of an arrest or a juvenile court | ||||||
3 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
4 | the law enforcement
records or official court file, or both, to | ||||||
5 | be expunged from the official
records of the arresting | ||||||
6 | authority, the clerk of the circuit court and the
Department of | ||||||
7 | State Police. The person whose records are to be expunged shall | ||||||
8 | petition the court using the appropriate form containing his or | ||||||
9 | her current address and shall promptly notify the clerk of the | ||||||
10 | circuit court of any change of address. Notice
of the petition | ||||||
11 | shall be served upon the State's Attorney or prosecutor charged | ||||||
12 | with the duty of prosecuting the offense, the Department of | ||||||
13 | State Police, and the arresting agency or agencies by the clerk | ||||||
14 | of the circuit court. If an objection is filed within 45
days | ||||||
15 | of the notice of the petition, the clerk of the circuit court | ||||||
16 | shall set a date for hearing after the 45
day objection period. | ||||||
17 | At the hearing the court shall hear evidence on whether the | ||||||
18 | expungement should or should not be granted. Unless the State's | ||||||
19 | Attorney or prosecutor, the Department of State Police, or an | ||||||
20 | arresting agency objects to the expungement within 45
days of | ||||||
21 | the notice, the court may enter an order granting expungement. | ||||||
22 | The person whose records are to be expunged shall pay the clerk | ||||||
23 | of the circuit court a fee equivalent to the cost associated | ||||||
24 | with expungement of records by the clerk and the Department of | ||||||
25 | State Police. The clerk shall forward a certified copy of the | ||||||
26 | order to the Department of State Police, the appropriate |
| |||||||
| |||||||
1 | portion of the fee to the Department of State Police for | ||||||
2 | processing, and deliver a certified copy of the order to the | ||||||
3 | arresting agency.
| ||||||
4 | (3.1) The Notice of Expungement shall be in substantially | ||||||
5 | the following form: | ||||||
6 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
7 | .... JUDICIAL CIRCUIT
| ||||||
8 | IN THE INTEREST OF ) NO.
| ||||||
9 | )
| ||||||
10 | )
| ||||||
11 | ...................)
| ||||||
12 | (Name of Petitioner) | ||||||
13 | NOTICE
| ||||||
14 | TO: State's Attorney
| ||||||
15 | TO: Arresting Agency
| ||||||
16 |
| ||||||
17 | ................
| ||||||
18 | ................
| ||||||
19 |
| ||||||
20 | ................
| ||||||
21 | ................
| ||||||
22 | TO: Illinois State Police
| ||||||
23 |
| ||||||
24 | .....................
|
| |||||||
| |||||||
1 |
| ||||||
2 | .....................
| ||||||
3 | ATTENTION: Expungement
| ||||||
4 | You are hereby notified that on ....., at ....., in courtroom | ||||||
5 | ..., located at ..., before the Honorable ..., Judge, or any | ||||||
6 | judge sitting in his/her stead, I shall then and there present | ||||||
7 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
8 | matter, at which time and place you may appear. | ||||||
9 | ...................... | ||||||
10 | Petitioner's Signature | ||||||
11 | ...........................
| ||||||
12 | Petitioner's Street Address | ||||||
13 | .....................
| ||||||
14 | City, State, Zip Code | ||||||
15 | ............................. | ||||||
16 | Petitioner's Telephone Number | ||||||
17 | PROOF OF SERVICE
| ||||||
18 | On the ....... day of ......, 20..., I on oath state that I | ||||||
19 | served this notice and true and correct copies of the | ||||||
20 | above-checked documents by: | ||||||
21 | (Check One:) | ||||||
22 | delivering copies personally to each entity to whom they are | ||||||
23 | directed; | ||||||
24 | or | ||||||
25 | by mailing copies to each entity to whom they are directed by | ||||||
26 | depositing the same in the U.S. Mail, proper postage fully |
| |||||||
| |||||||
1 | prepaid, before the hour of 5:00 p.m., at the United States | ||||||
2 | Postal Depository located at ................. | ||||||
3 | .........................................
| ||||||
4 |
| ||||||
5 | Signature | ||||||
6 | Clerk of the Circuit Court or Deputy Clerk | ||||||
7 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
8 | Address: ........................................ | ||||||
9 | Telephone Number: ............................... | ||||||
10 | (3.2) The Order of Expungement shall be in substantially | ||||||
11 | the following form: | ||||||
12 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
13 | .... JUDICIAL CIRCUIT
| ||||||
14 | IN THE INTEREST OF ) NO.
| ||||||
15 | )
| ||||||
16 | )
| ||||||
17 | ...................)
| ||||||
18 | (Name of Petitioner)
| ||||||
19 | DOB ................ | ||||||
20 | Arresting Agency/Agencies ...... | ||||||
21 | ORDER OF EXPUNGEMENT
| ||||||
22 | (705 ILCS 405/5-915 (SUBSECTION 3))
| ||||||
23 | This matter having been heard on the petitioner's motion and | ||||||
24 | the court being fully advised in the premises does find that |
| |||||||
| |||||||
1 | the petitioner is indigent or has presented reasonable cause to | ||||||
2 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
3 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
4 | are hereby waived in this matter. | ||||||
5 | ( ) 2. The Illinois State Police Bureau of Identification | ||||||
6 | and the following law enforcement agencies expunge all records | ||||||
7 | of petitioner relating to an arrest dated ...... for the | ||||||
8 | offense of ...... | ||||||
9 | Law Enforcement Agencies:
| ||||||
10 | .........................
| ||||||
11 | .........................
| ||||||
12 | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||||||
13 | Court expunge all records regarding the above-captioned case. | ||||||
14 | ENTER: ......................
| ||||||
15 |
| ||||||
16 | JUDGE | ||||||
17 | DATED: ....... | ||||||
18 | Name:
| ||||||
19 | Attorney for:
| ||||||
20 | Address:
City/State/Zip:
| ||||||
21 | Attorney Number: | ||||||
22 | (3.3) The Notice of Objection shall be in substantially the | ||||||
23 | following form: | ||||||
24 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
25 | ....................... JUDICIAL CIRCUIT
|
| |||||||
| |||||||
1 | IN THE INTEREST OF ) NO.
| ||||||
2 | )
| ||||||
3 | )
| ||||||
4 | ...................)
| ||||||
5 | (Name of Petitioner) | ||||||
6 | NOTICE OF OBJECTION
| ||||||
7 | TO:(Attorney, Public Defender, Minor)
| ||||||
8 | .................................
| ||||||
9 | .................................
| ||||||
10 | TO:(Illinois State Police)
| ||||||
11 | .................................
| ||||||
12 | ................................. | ||||||
13 | TO:(Clerk of the Court)
| ||||||
14 | .................................
| ||||||
15 | .................................
| ||||||
16 | TO:(Judge)
| ||||||
17 | .................................
| ||||||
18 | .................................
| ||||||
19 | TO:(Arresting Agency/Agencies)
| ||||||
20 | .................................
| ||||||
21 | ................................. | ||||||
22 | ATTENTION:
You are hereby notified that an objection has been | ||||||
23 | filed by the following entity regarding the above-named minor's | ||||||
24 | petition for expungement of juvenile records: | ||||||
25 | ( ) State's Attorney's Office;
|
| |||||||
| |||||||
1 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
2 | with the duty of prosecuting the offense sought to be expunged;
| ||||||
3 | ( ) Department of Illinois State Police; or
| ||||||
4 | ( ) Arresting Agency or Agencies.
| ||||||
5 | The agency checked above respectfully requests that this case | ||||||
6 | be continued and set for hearing on whether the expungement | ||||||
7 | should or should not be granted.
| ||||||
8 | DATED: ....... | ||||||
9 | Name: | ||||||
10 | Attorney For:
| ||||||
11 | Address: | ||||||
12 | City/State/Zip:
| ||||||
13 | Telephone:
| ||||||
14 | Attorney No.:
| ||||||
15 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| ||||||
16 | This matter has been set for hearing on the foregoing | ||||||
17 | objection, on ...... in room ...., located at ....., before the | ||||||
18 | Honorable ....., Judge, or any judge sitting in his/her stead.
| ||||||
19 | (Only one hearing shall be set, regardless of the number of | ||||||
20 | Notices of Objection received on the same case).
| ||||||
21 | A copy of this completed Notice of Objection containing the | ||||||
22 | court date, time, and location, has been sent via regular U.S. | ||||||
23 | Mail to the following entities. (If more than one Notice of | ||||||
24 | Objection is received on the same case, each one must be | ||||||
25 | completed with the court date, time and location and mailed to | ||||||
26 | the following entities):
|
| |||||||
| |||||||
1 | ( ) Attorney, Public Defender or Minor;
| ||||||
2 | ( ) State's Attorney's Office; | ||||||
3 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
4 | with the duty of prosecuting the offense sought to be expunged; | ||||||
5 | ( ) Department of Illinois State Police; and | ||||||
6 | ( ) Arresting agency or agencies.
| ||||||
7 | Date: ...... | ||||||
8 | Initials of Clerk completing this section: .....
| ||||||
9 | (4) Upon entry of an order expunging records or files, the | ||||||
10 | offense, which
the records or files concern shall be treated as | ||||||
11 | if it never occurred. Law
enforcement officers and other public | ||||||
12 | offices and agencies shall properly reply
on inquiry that no | ||||||
13 | record or file exists with respect to the
person.
| ||||||
14 | (5) Records which have not been expunged are sealed, and | ||||||
15 | may be obtained
only under the provisions of Sections 5-901, | ||||||
16 | 5-905 and 5-915.
| ||||||
17 | (6) Nothing in this Section shall be construed to prohibit | ||||||
18 | the maintenance
of information relating to an offense after | ||||||
19 | records or files concerning the
offense have been expunged if | ||||||
20 | the information is kept in a manner that does not
enable | ||||||
21 | identification of the offender. This information may only be | ||||||
22 | used for
statistical and bona fide research purposes. | ||||||
23 | (7)(a) The State Appellate Defender shall establish, | ||||||
24 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
25 | expungement program
to provide information and assistance to | ||||||
26 | minors eligible to have their juvenile records expunged.
|
| |||||||
| |||||||
1 | (b) The State Appellate Defender shall develop brochures, | ||||||
2 | pamphlets, and
other
materials in
printed form and through the | ||||||
3 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
4 | shall
include at a minimum the following information:
| ||||||
5 | (i) An explanation of the State's juvenile expungement | ||||||
6 | process; | ||||||
7 | (ii) The circumstances under which juvenile | ||||||
8 | expungement may occur; | ||||||
9 | (iii) The juvenile offenses that may be expunged; | ||||||
10 | (iv) The steps necessary to initiate and complete the | ||||||
11 | juvenile expungement process;
and | ||||||
12 | (v) Directions on how to contact the State Appellate | ||||||
13 | Defender. | ||||||
14 | (c) The State Appellate Defender shall establish and | ||||||
15 | maintain a statewide
toll-free telephone
number that a person | ||||||
16 | may use to receive information or assistance concerning
the | ||||||
17 | expungement of juvenile records. The State Appellate
Defender | ||||||
18 | shall advertise
the toll-free telephone number statewide. The | ||||||
19 | State Appellate Defender shall
develop an expungement
| ||||||
20 | information packet that may be sent to eligible persons seeking | ||||||
21 | expungement of
their juvenile records,
which may include, but | ||||||
22 | is not limited to, a pre-printed expungement petition
with | ||||||
23 | instructions on how
to complete the petition and a pamphlet | ||||||
24 | containing information that would
assist individuals through
| ||||||
25 | the juvenile expungement process. | ||||||
26 | (d) The State Appellate Defender shall compile a statewide |
| |||||||
| |||||||
1 | list of volunteer
attorneys willing
to assist eligible | ||||||
2 | individuals through the juvenile expungement process. | ||||||
3 | (e) This Section shall be implemented from funds | ||||||
4 | appropriated by the General
Assembly to the State
Appellate | ||||||
5 | Defender
for this purpose. The State Appellate Defender shall | ||||||
6 | employ the necessary staff
and adopt the
necessary rules for | ||||||
7 | implementation of this Section. | ||||||
8 | (8)(a) Except with respect to law enforcement agencies, the | ||||||
9 | Department of Corrections, State's Attorneys, or other | ||||||
10 | prosecutors, an expunged juvenile record may not be considered | ||||||
11 | by any private or public entity in employment matters, | ||||||
12 | certification, licensing, revocation of certification or | ||||||
13 | licensure, or registration. Applications for employment must | ||||||
14 | contain specific language that states that the applicant is not | ||||||
15 | obligated to disclose expunged juvenile records of conviction | ||||||
16 | or arrest. Employers may not ask if an applicant has had a | ||||||
17 | juvenile record expunged. Effective January 1, 2005, the | ||||||
18 | Department of Labor shall develop a link on the Department's | ||||||
19 | website to inform employers that employers may not ask if an | ||||||
20 | applicant had a juvenile record expunged and that application | ||||||
21 | for employment must contain specific language that states that | ||||||
22 | the applicant is not obligated to disclose expunged juvenile | ||||||
23 | records of arrest or conviction. | ||||||
24 | (b) A person whose juvenile records have been expunged is | ||||||
25 | not entitled to remission of any fines, costs, or other money | ||||||
26 | paid as a consequence of expungement. This amendatory Act of |
| |||||||
| |||||||
1 | the 93rd General Assembly does not affect the right of the | ||||||
2 | victim of a crime to prosecute or defend a civil action for | ||||||
3 | damages.
| ||||||
4 | (c) The expungement of juvenile records under Section 5-622 | ||||||
5 | shall be funded by the additional fine imposed under Section | ||||||
6 | 5-9-1.17 of the Unified Code of Corrections and additional | ||||||
7 | appropriations made by the General Assembly for such purpose. | ||||||
8 | (Source: P.A. 95-861, eff. 1-1-09; 96-707, eff. 1-1-10.)
| ||||||
9 | Section 99. Effective date. This Act takes effect upon | ||||||
10 | becoming law.
|