Judiciary II - Criminal Law Committee
Filed: 5/7/2009
 
 

 




 

 		












09600SB1030ham001

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1

AMENDMENT TO SENATE BILL 1030




2
    AMENDMENT NO. ______. Amend Senate Bill 1030 by replacing 
3
everything after the enacting clause with the following:

 
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
may forward such fingerprints and 
16
descriptions for minors arrested for Class A
or B misdemeanors.  
 


 






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Moving or nonmoving traffic violations under the Illinois

2
Vehicle Code shall not be reported except for violations of 
3
Chapter 4, Section
11-204.1, or Section 11-501 of that Code.  In 
4
addition, conservation offenses,
as defined in the Supreme 
5
Court Rule 501(c), that are classified as Class B
misdemeanors 
6
shall not be reported.

7
    Whenever an adult or minor prosecuted as an adult,
not 
8
having previously been convicted of any criminal offense or 
9
municipal
ordinance violation, charged with a violation of a 
10
municipal ordinance or a
felony or misdemeanor, is acquitted or 
11
released without being convicted,
whether the acquittal or 
12
release occurred before, on, or after the
effective date of 
13
this amendatory Act of 1991, the Chief Judge of the circuit

14
wherein the charge was brought, any judge of that circuit 
15
designated by the
Chief Judge, or in counties of less than 
16
3,000,000 inhabitants, the presiding
trial judge at the 
17
defendant's trial may upon verified petition of the
defendant 
18
order the record of arrest expunged from the official records 
19
of the
arresting authority and the Department and order that 
20
the records of the clerk
of the circuit court be sealed until 
21
further order of the court upon good cause
shown and the name 
22
of the defendant obliterated on the official index required
to 
23
be kept by the circuit court clerk under Section 16 of the 
24
Clerks of Courts
Act, but the order shall not affect any index 
25
issued by the circuit court clerk
before the entry of the 
26
order.  The Department may charge the petitioner a fee

 


 






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1
equivalent to the cost of processing any order to expunge or 
2
seal the records,
and the fee shall be deposited into the State 
3
Police Services Fund.  The
records of those arrests, however, 
4
that result in a disposition of
supervision for any offense 
5
shall not be expunged from the records of the
arresting 
6
authority or the Department nor impounded by the court until 2 
7
years
after discharge and dismissal of supervision.  Those 
8
records
that result from a supervision for a violation of 
9
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois 
10
Vehicle Code or a similar provision
of a local ordinance, or 
11
for a violation of Section 12-3.2, 12-15 or 16A-3
of the 
12
Criminal Code of 1961, or probation under Section 10 of the 
13
Cannabis
Control Act, Section 410 of the Illinois Controlled 
14
Substances Act, Section 70 of the Methamphetamine Control and 
15
Community Protection Act, Section
12-4.3(b)(1) and (2) of the 
16
Criminal Code of 1961 (as those provisions
existed before their 
17
deletion by Public Act 89-313), Section 10-102 of the
Illinois 
18
Alcoholism and Other Drug Dependency Act when the judgment of

19
conviction has been vacated, Section 40-10 of the Alcoholism 
20
and Other Drug
Abuse and Dependency Act when the judgment of 
21
conviction has been vacated,
or Section 10 of the Steroid 
22
Control Act shall not be expunged from the records
of the 
23
arresting authority nor impounded by the court until 5 years 
24
after
termination of probation or supervision.  Those records 
25
that result from a
supervision for a violation of Section 
26
11-501 of the Illinois Vehicle Code or
a similar provision of a 
 


 






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local ordinance, shall not be expunged.  All records
set out 
2
above may be ordered by the court to be expunged from the 
3
records of
the arresting authority and impounded by the court 
4
after 5 years, but shall
not be expunged by the Department, but 
5
shall, on court order be sealed by the
Department and may be 
6
disseminated by the Department only as required by law or
to 
7
the arresting authority, the State's Attorney, and the court 
8
upon a later
arrest for the same or a similar offense or for 
9
the purpose of sentencing for
any subsequent felony.  Upon 
10
conviction for any offense, the Department of
Corrections shall 
11
have access to all sealed records of the Department
pertaining 
12
to that individual.

13
    (a-5) Those records maintained by the Department for 
14
persons arrested
prior to their 17th birthday shall be expunged 
15
as provided in Section 5-915 of
the Juvenile Court Act of 1987.

16
    (b) Whenever a person has been convicted of a crime or of 
17
the violation of
a municipal ordinance, in the name of a person 
18
whose identity he has stolen
or otherwise come into possession 
19
of, the aggrieved person from whom the
identity was stolen or 
20
otherwise obtained without authorization, upon learning
of the 
21
person having been arrested using his identity, may, upon 
22
verified
petition to the chief judge of the circuit wherein the 
23
arrest was made,
have a court order entered nunc pro tunc by 
24
the chief judge to correct
the arrest record, conviction 
25
record, if any, and all official records of the
arresting 
26
authority, the Department, other criminal justice agencies, 
 


 






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the
prosecutor, and the trial court concerning such arrest, if 
2
any, by removing his
name from all such records in connection 
3
with the arrest and conviction, if
any, and by inserting in the 
4
records the name of the offender, if known or
ascertainable, in 
5
lieu of the aggrieved's name.  The records of the
clerk of
the 
6
circuit court clerk shall be sealed until further order of the 
7
court upon
good cause shown and the name of the aggrieved 
8
person obliterated on the
official index required to be kept by 
9
the circuit court clerk under Section 16
of the Clerks of 
10
Courts Act, but the order shall not affect any index issued by

11
the circuit court clerk before the entry of the order.  Nothing 
12
in this Section
shall limit the Department of State Police or 
13
other criminal justice agencies
or prosecutors from listing 
14
under an offender's name the false names he or she
has used.  
15
For purposes of this Section, convictions for moving and 
16
nonmoving
traffic violations other than convictions for 
17
violations of Chapter 4, Section
11-204.1 or Section 11-501 of 
18
the Illinois Vehicle Code shall not be a bar to
expunging the 
19
record of arrest and court records for
violation of a 
20
misdemeanor or municipal ordinance.

21
    (c) Whenever a person who has been convicted of an offense 
22
is granted
a pardon by the Governor which specifically 
23
authorizes expungement, he may,
upon verified petition to the 
24
chief judge of the circuit where the person had
been convicted, 
25
any judge of the circuit designated by the Chief Judge, or in

26
counties of less than 3,000,000 inhabitants, the presiding 
 


 






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trial judge at the
defendant's trial, may have a court order 
2
entered expunging the record of
arrest from the official 
3
records of the arresting authority and order that the
records 
4
of the clerk of the circuit court and the Department be sealed 
5
until
further order of the court upon good cause shown or as 
6
otherwise provided
herein, and the name of the defendant 
7
obliterated from the official index
requested to be kept by the 
8
circuit court clerk under Section 16 of the Clerks
of Courts 
9
Act in connection with the arrest and conviction for the 
10
offense for
which he had been pardoned but the order shall not 
11
affect any index issued by
the circuit court clerk before the 
12
entry of the order.  All records sealed by
the Department may be 
13
disseminated by the Department only as required by law or
to 
14
the arresting authority, the State's Attorney, and the court 
15
upon a later
arrest for the same or similar offense or for the 
16
purpose of sentencing for any
subsequent felony.  Upon 
17
conviction for any subsequent offense, the Department
of 
18
Corrections shall have access to all sealed records of the 
19
Department
pertaining to that individual.  Upon entry of the 
20
order of expungement, the
clerk of the circuit court shall 
21
promptly mail a copy of the order to the
person who was 
22
pardoned.

23
    (c-5) Whenever a person has been convicted of criminal 
24
sexual assault,
aggravated criminal sexual assault, predatory 
25
criminal sexual assault of a
child, criminal sexual abuse, or 
26
aggravated criminal sexual abuse, the victim
of that offense 
 


 






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may request that the State's Attorney of the county in which

2
the conviction occurred file a verified petition with the 
3
presiding trial judge
at the defendant's trial to have a court 
4
order entered to seal the records of
the clerk of the circuit 
5
court in connection with the proceedings of the trial
court 
6
concerning that offense.  However, the records of the arresting 
7
authority
and the Department of State Police concerning the 
8
offense shall not be
sealed.  The court, upon good cause shown, 
9
shall make the records of the clerk
of the circuit court in 
10
connection with the proceedings of the trial court
concerning 
11
the offense available for public inspection.

12
    (c-6) If a conviction has been set aside on direct review 
13
or on
collateral attack
and the court determines by clear and 
14
convincing evidence that the defendant
was factually innocent 
15
of
the charge, the court shall enter an expungement order as 
16
provided in
subsection (b) of Section 5-5-4
of the Unified Code 
17
of Corrections.

18
    (d) Notice of the petition for subsections (a), (b), and 
19
(c) shall be
served by the clerk upon the State's Attorney or 
20
prosecutor charged with the duty
of prosecuting the offense, 
21
the Department of State Police, the arresting
agency and the 
22
chief legal officer of the unit of local government
affecting 
23
the arrest.  Unless the State's Attorney or prosecutor, the

24
Department of State Police, the arresting agency or such chief 
25
legal officer
objects to the petition within 30 days from the 
26
date of the notice, the
court shall enter an order granting or 
 


 






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denying the petition. The clerk
of the court shall promptly 
2
mail a copy of the order to the person, the
arresting agency, 
3
the prosecutor, the Department of State Police and such
other 
4
criminal justice agencies as may be ordered by the judge.

5
    (e) Nothing herein shall prevent the Department of State 
6
Police from
maintaining all records of any person who is 
7
admitted to probation upon
terms and conditions and who 
8
fulfills those terms and conditions pursuant
to Section 10 of 
9
the Cannabis Control Act, Section 410 of the Illinois

10
Controlled Substances Act, Section 70 of the Methamphetamine 
11
Control and Community Protection Act, Section 12-4.3 of the 
12
Criminal Code
of 1961, Section 10-102 of the Illinois 
13
Alcoholism and Other Drug
Dependency Act, Section 40-10 of the 
14
Alcoholism and Other Drug Abuse and
Dependency Act, or Section 
15
10 of the Steroid Control Act. 

16
    (f) No court order issued under the expungement provisions 
17
of this
Section shall become final for purposes of appeal until 
18
30 days after
notice is received by the Department.  Any court 
19
order contrary to the
provisions of this Section is void.

20
    (g) Except as otherwise provided in subsection (c-5) of 
21
this Section,
the court shall not order the sealing or 
22
expungement of the arrest
records and records of the circuit 
23
court clerk of any person granted
supervision for or convicted 
24
of any sexual offense committed against a minor
under 18 years 
25
of age.  For the purposes of this Section, "sexual offense

26
committed against a minor" includes but is not limited to the 
 


 






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offenses of
indecent solicitation of a child or criminal sexual 
2
abuse when the victim of
such offense is under 18 years of age.

3
    (h) (1) Applicability. Notwithstanding any other provision 
4
of this Act to the contrary and cumulative with any rights to 
5
expungement of criminal records, this subsection authorizes 
6
the  sealing of criminal records of adults and of minors 
7
prosecuted as adults.
8
    (2) Sealable offenses. The following offenses may be 
9
sealed:
10
        (A) All municipal ordinance violations and 
11
    misdemeanors, with the exception of the following:
12
            (i) violations of Section 11-501 of the Illinois 
13
        Vehicle Code or a similar provision of a local 
14
        ordinance;
15
            (ii) violations of Article 11 of the Criminal Code 
16
        of 1961 or a similar provision of a local ordinance, 
17
        except Section 11-14 of the Criminal Code of 1961 as 
18
        provided in clause B(i) of this subsection (h);
19
            (iii) violations of Section 12-15, 12-30, or 26-5 
20
        of the Criminal Code of 1961 or a similar provision of 
21
        a local ordinance;
22
            (iv) violations that are a crime of violence as 
23
        defined in Section 2 of the Crime Victims Compensation 
24
        Act or a similar provision of a local ordinance;
25
            (v) Class A misdemeanor violations of the Humane 
26
        Care for Animals Act; and
 


 






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            (vi) any offense or attempted offense that would 
2
        subject a person to registration under the Sex Offender 
3
        Registration Act.
4
        (B) Misdemeanor and Class 4 felony violations of:
5
            (i) Section 11-14 of the Criminal Code of 1961;
6
            (ii) Section 4 of the Cannabis Control Act;
7
            (iii) Section 402 of the Illinois Controlled 
8
        Substances Act; and
9
            (iv) Section 60 of the Methamphetamine Control and 
10
        Community Protection Act.

11
        However, for purposes of this subsection (h), a 
12
    sentence of first offender probation under Section 10 of 
13
    the Cannabis Control Act, Section 410 of the Illinois 
14
    Controlled Substances Act, or Section 70 of the 
15
    Methamphetamine Control and Community Protection Act shall 
16
    be treated as a Class 4 felony conviction.
17
    (3) Requirements for sealing. Records identified as 
18
sealable under clause (h) (2) may be sealed when the individual 
19
was:
20
        (A) Acquitted of the offense or offenses or released 
21
    without being convicted.
22
        (B) Convicted of the offense or offenses and the 
23
    conviction or convictions were reversed.
24
        (C) Placed on misdemeanor supervision for an offense or 
25
    offenses; and
26
            (i) at least 3 years have elapsed since the 
 


 






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


 






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the completion of the last sentence or the end of supervision, 
2
probation, or parole, whichever is last in time.
3
    (5) Subsequent convictions. A person may not have 
4
subsequent felony conviction records sealed as provided in this 
5
subsection (h) if he or she is convicted of any felony offense 
6
after the date of the sealing of prior felony records as 
7
provided in this subsection (h).
8
    (6) Notice of eligibility for sealing. Upon acquittal, 
9
release without conviction, or being  placed on supervision for 
10
a sealable offense, or upon conviction of a sealable offense, 
11
the person shall be informed by the court of the right to have 
12
the records sealed and the procedures for the sealing of the 
13
records.
14
    (7) Procedure.  Upon becoming eligible for the sealing of 
15
records under this subsection (h),  the person who seeks the 
16
sealing of his or her records shall file a petition requesting 
17
the sealing of records with the clerk of the court where the 
18
charge or charges were brought. The records may be sealed by 
19
the Chief Judge of the circuit wherein the charge was brought, 
20
any judge of that 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, if any. If charges were 
23
brought in multiple jurisdictions, a petition must be filed in 
24
each such jurisdiction. The petitioner shall pay the applicable 
25
fee, if not waived.
26
        (A) Contents of petition. The petition  shall contain 
 


 






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    the petitioner's name, date of birth, current address, each 
2
    charge, each case number, the date of each charge, the 
3
    identity of the arresting authority,  and such other 
4
    information as the court may require.   During the pendency 
5
    of the proceeding, the petitioner shall promptly notify the 
6
    clerk of the court of any change of address.
7
        (B) Drug test.  A person filing a petition to have his 
8
    or her records sealed for a Class 4 felony violation of 
9
    Section 4 of the Cannabis Control Act or for a Class 4 
10
    felony violation of Section 402 of the Illinois Controlled 
11
    Substances Act must attach to the petition proof that the 
12
    petitioner has passed a test taken within the previous 30 
13
    days before the filing of the petition showing the absence 
14
    within his or her body of all illegal substances in 
15
    violation of either the Illinois Controlled Substances Act 
16
    or the Cannabis Control Act.
17
        (C) Service of petition. The clerk shall promptly serve 
18
    a copy of the petition on the State's Attorney or 
19
    prosecutor charged with the duty of prosecuting the 
20
    offense, the Department of State Police, the arresting 
21
    agency and the chief legal officer of the unit of local 
22
    government effecting the arrest.
23
        (D) Entry of order.  Unless the State's Attorney or 
24
    prosecutor, the Department of State Police, the arresting 
25
    agency or such chief legal officer objects to sealing of 
26
    the records within 90 days of notice the court shall enter 
 


 






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1
    an order sealing the defendant's records.
2
        (E) Hearing upon objection.  If an objection is filed, 
3
    the court shall set a date for a hearing and notify the 
4
    petitioner and the parties on whom the petition had been 
5
    served, and shall hear evidence on whether the sealing of 
6
    the records should or should not be granted, and shall make 
7
    a determination on whether to issue an order to seal the 
8
    records based on the evidence presented at the hearing.
9
        (F) Service of order. After entering the order to seal 
10
    records, the court must provide copies of the order to the 
11
    Department, in a form and manner prescribed by the 
12
    Department, to the petitioner, to the State's Attorney or 
13
    prosecutor charged with the duty of prosecuting the 
14
    offense, to the arresting agency, to the chief legal 
15
    officer of the unit of local government effecting the 
16
    arrest, and to such other criminal justice agencies as may 
17
    be ordered by the court.
18
    (8) Fees. Notwithstanding any provision of the Clerk of the 
19
Courts Act to the contrary, and subject to the approval of the 
20
county board, the clerk may charge a fee equivalent to the cost 
21
associated with the sealing of records by the clerk and the 
22
Department of State Police. The clerk shall forward the 
23
Department of State Police portion of the fee to the Department 
24
and it shall be deposited into the State Police Services Fund.
25
    (i)  Subject to available funding, the Illinois Department 
26
of Corrections shall conduct a study of the impact of sealing, 
 


 






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especially on employment and recidivism rates, utilizing a 
2
random sample of those who apply for the sealing of their 
3
criminal records under Public Act 93-211, in accordance to 
4
rules adopted by the Department.  At the request of the Illinois 
5
Department of Corrections, records of the Illinois Department 
6
of Employment Security shall be utilized as appropriate to 
7
assist in the study. The study shall not disclose any data in a 
8
manner that would allow the identification of any particular 
9
individual or employing unit. The study shall be made available 
10
to the General Assembly no later than September 1, 2006.

11
    (j)  Notwithstanding any provision of the Clerks of Courts 
12
Act to the contrary, the clerk may charge a fee equivalent to 
13
the cost associated with the sealing or expungement of records 
14
by the clerk. From the total filing fee collected for the 
15
Petition to seal or expunge, the clerk shall deposit $10 into 
16
the Circuit Court Clerk Operation and Administrative Fund, to 
17
be used to offset the costs incurred by the Circuit Court Clerk 
18
in performing the additional duties required to serve the 
19
Petition to Seal or Expunge on all parties. The clerk shall 
20
also charge a filing fee equivalent to the cost of sealing or 
21
expunging the record by the Department of State Police. The 
22
clerk shall collect and forward the Department of State Police 
23
portion of the fee to the Department and it shall be deposited 
24
in the State Police Services Fund. 
25
(Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09; 
26
revised 10-28-08.)


 
 


 






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1
    Section 10. The Juvenile Court Act of 1987 is amended  by 
2
changing Sections 5-301, 5-305, and 5-915 as follows:
 



3
    (705 ILCS 405/5-301)


4
    Sec.  5-301. Station adjustments. A minor arrested for any 
5
offense or a violation of a condition of previous
station 
6
adjustment may receive a station adjustment for that arrest as

7
provided herein.  In deciding whether to impose a station 
8
adjustment, either
informal
or formal, a juvenile police 
9
officer shall consider the following factors:

10
    (A) The seriousness of the alleged offense.

11
    (B) The prior history of delinquency of the minor.

12
    (C) The age of the minor.

13
    (D) The culpability of the minor in committing the alleged 
14
offense.

15
    (E) Whether the offense was committed in an aggressive or 
16
premeditated
manner.

17
    (F) Whether the minor used or possessed a deadly weapon 
18
when committing
the alleged offenses.

19
    (1) Informal station adjustment.


20
        (a) An informal station adjustment is defined as a 
21
    procedure when a
juvenile police officer determines that 
22
    there is probable
cause to
believe that the minor has 
23
    committed an offense.


24
        (b) A minor shall receive no more than 3 informal 
 


 






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1
    station adjustments
statewide for a misdemeanor offense 
2
    within 3 years without prior approval from
the
State's 
3
    Attorney's Office.


4
        (c) A minor shall receive no more than 3 informal 
5
    station adjustments
statewide for a felony offense within 3 
6
    years without prior approval from the
State's
Attorney's 
7
    Office.


8
        (d) A minor shall receive a combined total of no more 
9
    than 5 informal
station adjustments statewide during his or 
10
    her minority.


11
        (e) The juvenile police officer may make reasonable 
12
    conditions of an
informal station adjustment which may 
13
    include but are not limited to:


14
            (i) Curfew.


15
            (ii) Conditions restricting entry into designated 
16
        geographical areas.


17
            (iii) No contact with specified persons.


18
            (iv) School attendance.


19
            (v) Performing up to 25 hours of community service 
20
        work.


21
            (vi) Community mediation.


22
            (vii) Teen court or a peer court.


23
            (viii) Restitution limited to 90 days.


24
        (f) If the minor refuses or fails to abide by the 
25
    conditions of an
informal station adjustment, the juvenile 
26
    police officer may impose a formal
station adjustment or 
 


 






09600SB1030ham001
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1
    refer the matter to the State's Attorney's Office.


2
        (g) An informal station adjustment does not constitute 
3
    an adjudication
of delinquency or a criminal conviction.

4
    Beginning January 1, 2000, a record shall be maintained 
5
    with the
Department of State Police for informal station 
6
    adjustments for offenses that
would be a felony if 
7
    committed by an adult, and may be maintained if the
offense 
8
    would be a misdemeanor.

9
    (2) Formal station adjustment.


10
        (a) A formal station adjustment is defined as a 
11
    procedure when a juvenile
police officer determines that 
12
    there is probable cause to
believe the minor has committed 
13
    an offense and an admission by the minor of
involvement in 
14
    the offense.


15
        (b) The minor and parent, guardian, or legal custodian 
16
    must agree in
writing to the formal station adjustment and 
17
    must be advised of the
consequences of violation of any 
18
    term of the agreement.


19
        (c) The minor and parent, guardian or legal custodian 
20
    shall be provided a
copy of the signed agreement of the 
21
    formal station adjustment.  The agreement
shall include:


22
            (i) The offense which formed the basis of the 
23
        formal station
adjustment.


24
            (ii) An acknowledgment that the terms of the formal 
25
        station adjustment
and
the consequences for violation 
26
        have been explained.


 


 






09600SB1030ham001
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LRB096 07100 RLC 26258 a




1
            (iii) An acknowledgment that the formal station 
2
        adjustments record may
be
expunged under Section 5-915 
3
        of this Act.


4
            (iv) An acknowledgement that the minor understands 
5
        that his or her
admission of involvement in the offense 
6
        may be admitted into evidence in future
court hearings.


7
            (v) A statement that all parties understand the 
8
        terms and conditions of
formal station adjustment and 
9
        agree to the formal station adjustment process.


10
        (d) Conditions of the formal station adjustment may 
11
    include, but are not
be limited to:


12
            (i) The time shall not exceed 120 days.


13
            (ii) The minor shall not violate any laws.


14
            (iii) The juvenile police officer may require the 
15
        minor to comply with
additional conditions for the 
16
        formal station adjustment which may include but
are not 
17
        limited to:


18
                (a) Attending school.


19
                (b) Abiding by a set curfew.


20
                (c) Payment of restitution.


21
                (d) Refraining from possessing a firearm or 
22
            other weapon.


23
                (e) Reporting to a police officer at 
24
            designated times and places,
including reporting 
25
            and verification that the minor is at home at

26
            designated hours.


 


 






09600SB1030ham001
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1
                (f) Performing up to 25 hours of community 
2
            service work.


3
                (g) Refraining from entering designated 
4
            geographical areas.


5
                (h) Participating in community mediation.


6
                (i) Participating in teen court or peer court.


7
                (j) Refraining from contact with specified 
8
            persons.


9
        (e) A
 formal station adjustment does not constitute an 
10
    adjudication of
delinquency or a criminal conviction.  
11
    Beginning January 1, 2000,
a record shall be maintained 
12
    with the
Department of State Police for formal station 
13
    adjustments.


14
        (f) A minor or the minor's parent, guardian, or legal 
15
    custodian, or both
the minor and the minor's parent, 
16
    guardian, or legal custodian, may refuse
a formal station 
17
    adjustment and have the matter referred
for court action or

18
    other appropriate action.


19
        (g) A minor or the minor's parent, guardian, or legal 
20
    custodian, or both
the minor and the minor's parent, 
21
    guardian, or legal custodian, may
within 30 days of the 
22
    commencement of the formal station adjustment revoke
their 
23
    consent and
have the matter referred for court action or 
24
    other appropriate action.  This
revocation must be in 
25
    writing and personally served upon the police officer or

26
    his or her supervisor.


 


 






09600SB1030ham001
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1
        (h) The admission of the minor as to involvement in the 
2
    offense shall be
admissible at further court hearings as 
3
    long as the statement would be
admissible under the rules 
4
    of evidence.


5
        (i) If the minor violates any term or condition of the 
6
    formal station
adjustment the juvenile police officer 
7
    shall provide written notice of
violation to the
minor and 
8
    the minor's parent, guardian, or legal custodian.  After 
9
    consultation
with the
minor and the minor's parent, 
10
    guardian, or legal custodian, the juvenile police
officer

11
    may take any of the following steps upon violation:


12
            (i) Warn the minor of consequences of continued 
13
        violations and continue
the formal station adjustment.


14
            (ii) Extend the period of the formal station 
15
        adjustment up to a total
of 180 days.


16
            (iii) Extend the hours of community service work up 
17
        to a total of 40
hours.


18
            (iv) Terminate the formal station adjustment 
19
        unsatisfactorily and take
no other action.


20
            (v) Terminate the formal station adjustment 
21
        unsatisfactorily and refer
the matter to the juvenile 
22
        court.


23
        (j) A minor shall receive no more than 2 formal station

24
    adjustments statewide for a felony offense without the 
25
    State's Attorney's
approval within
a 3 year period.


26
        (k) A minor shall receive no more than 3 formal station

 


 






09600SB1030ham001
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LRB096 07100 RLC 26258 a




1
    adjustments statewide for a misdemeanor offense without 
2
    the State's Attorney's
approval
within a 3 year period.


3
        (l) The total for formal station adjustments statewide 
4
    within the period
of
minority may not exceed 4 without the 
5
    State's Attorney's approval.


6
        (m) If the minor is arrested in a jurisdiction where 
7
    the minor does not
reside, the
formal station adjustment 
8
    may be transferred to the jurisdiction where the
minor does 
9
    reside upon written agreement of that jurisdiction to 
10
    monitor the
formal station adjustment.

11
    (3) Beginning January 1, 2000, the
 juvenile police officer 
12
making a station adjustment shall assure
that information about 
13
any offense which would constitute a felony if committed
by an 
14
adult and may assure that information about a misdemeanor is 
15
transmitted
to the Department of State Police.

16
    (4) The total number of station adjustments, both formal 
17
and informal, shall
not exceed 9 without the State's Attorney's 
18
approval for any minor arrested
anywhere in the State.

19
(Source: P.A. 90-590, eff. 1-1-99.)

 



20
    (705 ILCS 405/5-305)


21
    Sec.  5-305. Probation adjustment. 

22
    (1) The court may authorize the probation officer to confer 
23
in a
preliminary conference with a minor who is alleged to have 
24
committed an
offense, his or her parent, guardian or legal 
25
custodian, the victim, the
juvenile police officer, the State's 
 


 






09600SB1030ham001
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1
Attorney, and other interested
persons concerning the 
2
advisability of filing a petition under Section
5-520,
with a 
3
view to adjusting suitable cases without the filing of a 
4
petition as
provided for in this Article, the probation officer 
5
should schedule a
conference
promptly except when the State's 
6
Attorney insists on court action or when the
minor has 
7
indicated that he or she will demand a judicial hearing and 
8
will not
comply
with a probation adjustment.

9
    (1-b) In any case of a minor who is in custody, the holding 
10
of a
probation adjustment conference does not operate to 
11
prolong temporary custody
beyond the period permitted by 
12
Section 5-415.

13
    (2) This Section does not authorize any probation officer 
14
to compel any
person to appear at any conference, produce any 
15
papers, or visit any place.

16
    (3) No statement made during a preliminary conference in 
17
regard to the
offense that is the subject of the conference may 
18
be admitted into evidence at
an adjudicatory hearing or at any

19
proceeding against the minor under the criminal laws of this 
20
State prior to his
or her conviction under those laws.

21
    (4) When a probation adjustment is appropriate, the 
22
probation officer shall
promptly formulate a written, 
23
non-judicial adjustment plan following the
initial conference.

24
    (5) Non-judicial probation adjustment plans include but 
25
are not limited to
the following:


26
        (a) up to 6 months informal supervision within the 
 


 






09600SB1030ham001
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1
    family;


2
        (b) up to 12 months informal supervision with a 
3
    probation officer
involved which may include any 
4
    conditions of probation provided in Section
5-715;


5
        (c) up to 6 months informal supervision with release to 
6
    a person other
than
a parent;


7
        (d) referral to special educational, counseling, or 
8
    other rehabilitative
social or educational programs;


9
        (e) referral to residential treatment programs;


10
        (f) participation in a public or community service 
11
    program or activity;
and


12
        (g) any other appropriate action with the consent of 
13
    the minor and a
parent.

14
    (6) The factors to be considered by the probation officer 
15
in formulating a
non-judicial probation adjustment plan shall 
16
be the same as those limited in
subsection (4) of Section 
17
5-405.

18
    (7) Beginning January 1, 2000,
the  probation officer who 
19
imposes a probation adjustment plan shall
assure
that 
20
information about an offense which would constitute a felony if 
21
committed
by an adult, and may assure that information about a 
22
misdemeanor offense, is
transmitted to the Department of State 
23
Police.

24
(Source: P.A. 92-329, eff. 8-9-01.)



 


25
    (705 ILCS 405/5-915)


 


 






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1
    Sec. 5-915. Expungement of juvenile law enforcement and 
2
court records. 

3
    (0.05)  For purposes of this Section:
4
        "Expunge" means to physically destroy the records or 
5
    return them to the petitioner and to obliterate the 
6
    petitioner's name from any official index or public record, 
7
    or both. Nothing in this Act shall require the physical 
8
    destruction of the circuit court file, but such records 
9
    relating to arrests or charges, or both, ordered expunged 
10
    shall be impounded as required by law.
11
        "Law enforcement record" includes but is not limited to 
12
    records of arrest, station adjustments, fingerprints, 
13
    probation adjustments, the issuance of a notice to appear, 
14
    or any other records maintained by a local law enforcement 
15
    agency relating to a juvenile suspected of committing an 
16
    offense. 
17
    (1) Any local law enforcement agency maintaining law 
18
enforcement records pertaining to a minor who has been arrested 
19
shall automatically expunge those records 18 months from the 
20
date of the arrest of the minor only if (a) the minor has been 
21
arrested but no petitions for delinquency have ever been filed 
22
with the clerk of the circuit court and no criminal proceedings 
23
have been instituted pursuant to Section 5-805; (b) the arrest 
24
is not for an act that if committed by an adult would 
25
constitute: (i) homicide, (ii) an offense involving a deadly 
26
weapon, (iii) a sex offense as defined in the Sex Offender 
 


 






09600SB1030ham001
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1
Registration Act, or (iv) aggravated domestic battery; (c) 
2
there is no ongoing investigation relating to the minor's 
3
arrest for an act that if committed by an adult would 
4
constitute a felony; and (d) the minor has not been 
5
subsequently arrested within that 18 month period. 
6
    (1.5) If a minor is arrested, at the time the minor is 
7
released from custody the youth officer, if applicable, or 
8
other designated person from the arresting agency, shall notify 
9
verbally and in writing to the minor or the minor's parents or 
10
guardians that 18 months after the arrest, the minor's law 
11
enforcement records will be automatically expunged if (a) the 
12
minor has been arrested but no petitions for delinquency have 
13
ever been filed with the clerk of the circuit court and no 
14
criminal proceedings have been instituted pursuant to Section 
15
5-805; (b) the arrest is not for an act that if committed by an 
16
adult would constitute: (i) homicide, (ii) an offense involving 
17
a deadly weapon, (iii) a sex offense as defined in the Sex 
18
Offender Registration Act, or (iv) aggravated domestic 
19
battery; (c) there is no ongoing investigation relating to the 
20
minor's arrest for an act that if committed by an adult would 
21
constitute a felony; and (d) the minor has not been 
22
subsequently arrested within that 18 month period. 
23
    (2) (1) Whenever any person has attained the age of 17 or 
24
whenever all juvenile
court proceedings relating to that person 
25
have been terminated, whichever is
later, the person may 
26
petition the court to expunge law enforcement records
relating 
 


 






09600SB1030ham001
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LRB096 07100 RLC 26258 a




1
to incidents occurring before his or her 17th birthday or his 
2
or her
juvenile court
records, or both, but only in the 
3
following circumstances:


4
        (a) the minor was arrested and no petition for 
5
    delinquency was filed with
the clerk of the circuit court 
6
    and the minor does not meet the requirements for automatic 
7
    expungement under paragraph (1) of Section 5-915; or


8
        (b) the minor was charged with an offense and was found 
9
    not delinquent of
that offense; or


10
        (c) the minor was placed under supervision pursuant to 
11
    Section 5-615, and
the order of
supervision has since been 
12
    successfully terminated; or


13
        (d)
the minor was adjudicated for an offense which 
14
    would be a Class B
misdemeanor, Class C misdemeanor, or a 
15
    petty or business offense if committed by an adult.

16
    (2.5) (2) Any person may petition the court to expunge all 
17
law enforcement records
relating to any
incidents occurring 
18
before his or her 17th birthday which did not result in

19
proceedings in criminal court and all juvenile court records 
20
with respect to
any adjudications except those based upon first 
21
degree
murder and
sex offenses which would be felonies if 
22
committed by an adult, if the person
for whom expungement is 
23
sought has had no
convictions for any crime since his or her 
24
17th birthday and:


25
        (a) has attained the age of 21 years; or


26
        (b) 5 years have elapsed since all juvenile court 
 


 






09600SB1030ham001
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LRB096 07100 RLC 26258 a




1
    proceedings relating to
him or her have been terminated or 
2
    his or her commitment to the Department of
Juvenile Justice


3
    pursuant to this Act has been terminated;

4
whichever is later of (a) or (b).
5
    (2.6) (2.5) If a minor is arrested and no petition for 
6
delinquency is filed with the clerk of the circuit court as 
7
provided in paragraph (a) of subsection (2) (1) at the time the 
8
minor is released from custody, the youth officer, if 
9
applicable, or other designated person from the arresting 
10
agency, shall notify verbally and in writing to the minor or 
11
the minor's parents or guardians that if the State's Attorney 
12
does not file a petition for delinquency, the minor has a right 
13
to petition to have his or her law enforcement arrest record 
14
expunged when the minor attains the age of 17 or when all 
15
juvenile court proceedings relating to that minor have been 
16
terminated and that unless a petition to expunge is filed or 
17
the minor's law enforcement records are automatically expunged 
18
pursuant to subsection (1), the minor shall have a law 
19
enforcement an arrest record. The youth officer, if applicable, 
20
or other designated person from the arresting agency and shall 
21
provide the minor and the minor's parents or guardians with an 
22
expungement information packet, including a petition to 
23
expunge juvenile records obtained from the clerk of the circuit 
24
court.
25
    (2.7) (2.6) If a minor is charged with an offense and is 
26
found not delinquent of that offense; or if a minor is placed 
 


 






09600SB1030ham001
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LRB096 07100 RLC 26258 a




1
under supervision under Section 5-615, and the order of 
2
supervision is successfully terminated; or  if a minor is 
3
adjudicated for an offense that would be a Class B misdemeanor, 
4
a Class C misdemeanor, or a business or petty offense if 
5
committed by an adult; or if a minor has incidents occurring 
6
before his or her 17th birthday that have not resulted in 
7
proceedings in criminal court, or resulted in proceedings in 
8
juvenile court, and the adjudications were not based upon first 
9
degree murder or sex offenses that would be felonies if 
10
committed by an adult; then at the time of sentencing or 
11
dismissal of the case, the judge shall inform the delinquent 
12
minor of his or her right to petition for expungement as 
13
provided by law, and the clerk of the circuit court shall 
14
provide an expungement information packet to the delinquent 
15
minor, written in plain language, including a petition for 
16
expungement, a sample of a completed petition, expungement 
17
instructions that shall include information informing the 
18
minor that (i) once the case is expunged, it shall be treated 
19
as if it never occurred, (ii) he or she may apply to have 
20
petition fees waived, (iii) once he or she obtains an 
21
expungement, he or she may not be required to disclose that he 
22
or she had a juvenile record, and (iv) he or she may file the 
23
petition on his or her own or with the assistance of an 
24
attorney. The failure of the judge to inform the delinquent 
25
minor of his or her right to petition for expungement as 
26
provided by law does not create a substantive right, nor is 
 


 






09600SB1030ham001
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LRB096 07100 RLC 26258 a




1
that failure grounds for: (i) a reversal of an adjudication of 
2
delinquency, (ii) a new trial; or (iii) an appeal.
3
    (2.8) (2.7) For counties with a population over 3,000,000, 
4
the clerk of the circuit court shall send a "Notification of a 
5
Possible Right to Expungement" post card to the minor at the 
6
address last received by the clerk of the circuit court on the 
7
date that the minor attains the age of 17 based on the 
8
birthdate provided to the court by the minor or his or her 
9
guardian in cases under paragraphs (b), (c),  and (d) of 
10
subsection (2) (1); and when the minor attains the age of 21 
11
based on the birthdate provided to the court by the minor or 
12
his or her guardian in cases under subsection (2.5) (2).
13
    (2.9) (2.8) The petition for expungement for subsection (2) 
14
(1)  shall be substantially in 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

PETITION TO EXPUNGE JUVENILE RECORDS
23

(705 ILCS 405/5-915 (SUBSECTION  2   1 ))
24

(Please prepare a separate petition for each offense)
 


 






09600SB1030ham001
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LRB096 07100 RLC 26258 a




1
Now comes ............., petitioner, and respectfully requests

2
that this Honorable Court enter an order expunging all juvenile 
3
law enforcement and court records of petitioner and in support 
4
thereof states that:
Petitioner has attained the age of 17, 
5
his/her birth date being ......, or all
Juvenile Court 
6
proceedings terminated as of ......, whichever occurred later.


7
Petitioner was arrested on ..... by the ....... Police 
8
Department for the offense of ......., and:

9
(Check One:)

10
( ) a. no petition was filed with the Clerk of the Circuit 
11
Court.
12
( ) b. was charged with ...... and was found not delinquent
        of 
13
the offense.
14
( ) c. a petition was filed and the petition was dismissed 
15
without a finding of delinquency on .....
16
( ) d. on ....... placed under supervision pursuant to Section 
17
5-615 of the Juvenile Court Act of 1987 and such order of 
18
supervision successfully terminated on ........
19
( ) e. was adjudicated for the offense, which would have been a 
20
Class B misdemeanor, a Class C misdemeanor, or a petty offense 
21
or business offense if committed by an adult.

22
Petitioner .... has  .... has not  been arrested on charges in 
23
this or any county other than the charges listed above.  If 
24
petitioner has been arrested on additional charges, please list 
25
the charges below:

26
Charge(s): ......
 


 






09600SB1030ham001
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LRB096 07100 RLC 26258 a




1
Arresting Agency or Agencies: ...........
2
Disposition/Result: (choose from a. through e., above): .....

3
WHEREFORE, the petitioner respectfully requests this Honorable 
4
Court to (1) order all law enforcement agencies to expunge all 
5
records of petitioner to this incident, and (2) to order the 
6
Clerk of the Court to expunge all records concerning the 
7
petitioner regarding this incident.
 
8

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

9

Petitioner (Signature)



 
10

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



11

Petitioner's Street Address

 
12

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



13

City, State, Zip Code

 
14

.............................
15

Petitioner's Telephone Number

 
16
Pursuant to the penalties of perjury under the Code of Civil 
17
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
18
statements in this petition are true and correct, or on 
19
information and belief I believe the same to be true.
 
20

......................
 


 






09600SB1030ham001
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LRB096 07100 RLC 26258 a




1

Petitioner (Signature)

2
The Petition for Expungement for subsection (2.5) (2) shall be 
3
substantially in the following form:
 
4

IN THE CIRCUIT COURT OF ........, ILLINOIS
5

........ JUDICIAL CIRCUIT

 
6
IN THE INTEREST OF )    NO.

7
                   )

8
                   )

9
...................)

10
(Name of Petitioner)
 
11

PETITION TO EXPUNGE JUVENILE RECORDS
 

12

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

13

(Please prepare a separate petition for each offense)

14
Now comes ............, petitioner, and respectfully requests 
15
that this Honorable Court enter an order expunging all Juvenile 
16
Law Enforcement and Court records of petitioner and in support 
17
thereof states that:
18
The incident for which the Petitioner seeks expungement 
19
occurred before the Petitioner's 17th birthday and did not 
20
result in proceedings in criminal court and the Petitioner has 
21
not had any convictions for any crime since his/her 17th 
22
birthday; and

23
The incident for which the Petitioner seeks expungement 
 


 






09600SB1030ham001
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LRB096 07100 RLC 26258 a




1
occurred before the Petitioner's 17th birthday and the 
2
adjudication was not based upon first-degree murder or sex 
3
offenses which would be felonies if committed by an adult, and 
4
the Petitioner has not had any convictions for any crime since 
5
his/her 17th birthday.
6
Petitioner was arrested on ...... by the ....... Police 
7
Department for the offense of ........, and:
8
(Check whichever one occurred the latest:)
9
( ) a. The Petitioner has attained the age of 21 years, his/her 
10
birthday being .......; or
11
( ) b. 5 years have elapsed since all juvenile court 
12
proceedings relating to the Petitioner have been terminated; or 
13
the Petitioner's commitment to the Department of Juvenile 
14
Justice
 pursuant to the expungement of juvenile law enforcement 
15
and  court records provisions of the Juvenile Court Act of 1987 
16
has been terminated.

Petitioner ...has ...has not been arrested 
17
on charges in this or any other county other than the charge 
18
listed above.  If petitioner has been arrested on additional 
19
charges, please list the charges below:
20
Charge(s):  ..........
21
Arresting Agency or Agencies: .......
22
Disposition/Result: (choose from a or b, above): ..........
23
WHEREFORE, the petitioner respectfully requests this Honorable 
24
Court to (1) order all law enforcement agencies to expunge all 
25
records of petitioner related to this incident, and (2) to 
26
order the Clerk of the Court to expunge all records concerning 
 


 






09600SB1030ham001
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1
the petitioner regarding this incident.
 
2

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

3

Petitioner (Signature)

 
4

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

Petitioner's Street Address

 


6

.....................
7

City, State, Zip Code
8

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

Petitioner's Telephone Number

 

10
Pursuant to the penalties of perjury under the Code of Civil 
11
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
12
statements in this petition are true and correct, or on 
13
information and belief I believe the same to be true.
14

......................
15

Petitioner (Signature)

16
    (3) The chief judge of the circuit in which an arrest was 
17
made or a charge
was brought or any
judge of that circuit 
18
designated by the chief judge
may, upon verified petition
of a 
19
person who is the subject of an arrest or a juvenile court 
20
proceeding
under subsection (1) or (2) or (2.5) of this 
21
Section, order the law enforcement
records or official court 
22
file, or both, to be expunged from the official
records of the 
 


 






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1
arresting authority, the clerk of the circuit court and the

2
Department of State Police. The person whose records are to be 
3
expunged shall petition the court using the appropriate form 
4
containing his or her current address and shall promptly notify 
5
the clerk of the circuit court of any change of address.  Notice


6
of the petition shall be served upon the State's Attorney or 
7
prosecutor charged with the duty of prosecuting the offense, 
8
the Department of State Police, and the arresting agency or 
9
agencies by the clerk of the circuit court.  If an objection is 
10
filed within 45

days of the notice of the petition, the clerk 
11
of the circuit court shall set a date for hearing after the 45
 
12
day objection period.  At the hearing the court shall hear 
13
evidence on whether the expungement should or should not be 
14
granted.  Unless the State's Attorney or prosecutor, the 
15
Department of State Police, or an arresting agency objects to 
16
the expungement within 45
 days of the notice, the court may 
17
enter an order granting expungement.  The person whose records 
18
are to be expunged shall pay the clerk of the circuit court a 
19
fee equivalent to the cost associated with expungement of 
20
records by the clerk and the Department of State Police.  The 
21
clerk shall forward a certified copy of the order to the 
22
Department of State Police, the appropriate portion of the fee 
23
to the Department of State Police for processing, and deliver a 
24
certified copy of the order to the arresting agency.

25
    (3.1) The Notice of Expungement shall be in substantially 
26
the following form:
 


 






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LRB096 07100 RLC 26258 a




1

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

2

.... JUDICIAL CIRCUIT


 
3
IN THE INTEREST OF )    NO.

4
                   )

5
                   )

6
...................)

7
(Name of Petitioner)
 
8

NOTICE

9
TO:  State's Attorney

10
TO:  Arresting Agency

11


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

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

14


15
................

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

17
TO:  Illinois State Police

18


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

20


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


22
ATTENTION: Expungement

23
You are hereby notified that on ....., at ....., in courtroom 
24
..., located at ..., before the Honorable ..., Judge, or any 
 


 






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1
judge sitting in his/her stead, I shall then and there present 
2
a Petition to Expunge Juvenile records in the above-entitled 
3
matter, at which time and place you may appear.
4

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

Petitioner's Signature
6

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

7

Petitioner's Street Address
8

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


9

City, State, Zip Code
10

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

Petitioner's Telephone Number
12

PROOF OF SERVICE

13
On the ....... day of ......, 20..., I on oath state that I 
14
served this notice and true and correct copies of the 
15
above-checked documents by:
16
(Check One:)
17
delivering copies personally to each entity to whom they are 
18
directed;
19
or
20
by mailing copies to each entity to whom they are directed by 
21
depositing the same in the U.S. Mail, proper postage fully 
22
prepaid, before the hour of 5:00 p.m., at the United States 
23
Postal Depository located at .................
24

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


25


26
Signature
 


 






09600SB1030ham001
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1

Clerk of the Circuit Court or Deputy Clerk
2
Printed Name of Delinquent Minor/Petitioner: ....
3
Address: ........................................
4
Telephone Number: ...............................
5
    (3.2) The Order of Expungement shall be in substantially 
6
the 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
DOB ................
15
Arresting Agency/Agencies ......
16

ORDER OF EXPUNGEMENT

17

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



18
This matter having been heard on the petitioner's motion and 
19
the court being fully advised in the premises does find that 
20
the petitioner is indigent or has presented reasonable cause to 
21
waive all costs in this matter, IT IS HEREBY ORDERED that:
22
    ( ) 1. Clerk of Court and Department of State Police costs 
23
are hereby waived in this matter.
24
    ( ) 2. The Illinois State Police Bureau of Identification 
 


 






09600SB1030ham001
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1
and the following law enforcement agencies expunge all records 
2
of petitioner relating to an arrest dated ...... for the 
3
offense of ......
4

Law Enforcement Agencies:

5

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

6

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

7
    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit 
8
Court expunge all records regarding the above-captioned case.
9

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

10


11
JUDGE
12
DATED: .......
13
Name:

14
Attorney for:

15
Address:
City/State/Zip:

16
Attorney Number:
17
    (3.3) The Notice of Objection shall be in substantially the 
18
following form:
19

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

20

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


 
21
IN THE INTEREST OF )    NO.

22
                   )

23
                   )

24
...................)

25
(Name of Petitioner)
 
 


 






09600SB1030ham001
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1

NOTICE OF OBJECTION

2
TO:(Attorney, Public Defender, Minor)

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

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

5
TO:(Illinois State Police)

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

7
.................................
8
TO:(Clerk of the Court)

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

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

11
TO:(Judge)

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

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

14
TO:(Arresting Agency/Agencies)

15
.................................

16
.................................
17
ATTENTION:

You are hereby notified that an objection has been 
18
filed by the following entity regarding the above-named minor's 
19
petition for expungement of juvenile records:
20
( ) State's Attorney's Office;

21
( ) Prosecutor (other than State's Attorney's Office) charged 
22
with the duty of prosecuting the               offense sought to be expunged;

23
( ) Department of Illinois State Police; or

24
( ) Arresting Agency or Agencies.

25
The agency checked above respectfully requests that this case 
 


 






09600SB1030ham001
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1
be continued and set for hearing on whether the expungement 
2
should or should not be granted.

3
DATED: .......
4
Name:
5
Attorney For:

6
Address:
7
City/State/Zip:

8
Telephone:

9
Attorney No.: 

10

FOR USE BY CLERK OF THE COURT PERSONNEL ONLY



11
This matter has been set for hearing on the foregoing 
12
objection, on ...... in room ...., located at ....., before the 
13
Honorable ....., Judge, or any judge sitting in his/her stead.
 
14
(Only one hearing shall be set, regardless of the number of 
15
Notices of Objection received on the same case).

16
A copy of this completed Notice of Objection containing the 
17
court date, time, and location, has been sent via regular U.S. 
18
Mail to the following entities.  (If more than one Notice of 
19
Objection is received on the same case, each one must be 
20
completed with the court date, time and location and mailed to 
21
the following entities):

22
( ) Attorney, Public Defender or Minor;

23
( ) State's Attorney's Office;
24
( ) Prosecutor (other than State's Attorney's Office) charged 
25
with the duty of prosecuting the     offense sought to be expunged;
26
( ) Department of Illinois State Police; and
 


 






09600SB1030ham001
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LRB096 07100 RLC 26258 a




1
( ) Arresting agency or agencies.

2
Date: ......
3
Initials of Clerk completing this section: .....


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

9
    (5) Records which have not been expunged are sealed, and 
10
may be obtained
only under the provisions of Sections 5-901, 
11
5-905 and 5-915.

12
    (6) Nothing in this Section shall be construed to prohibit 
13
the maintenance
of information relating to an offense after 
14
records or files concerning the
offense have been expunged if 
15
the information is kept in a manner that does not
enable 
16
identification of the offender.  This information may only be 
17
used for
statistical and bona fide research purposes.
18
    (7)(a) The State Appellate Defender shall establish, 
19
maintain, and carry out, by December 31, 2004,  a juvenile 
20
expungement program
to provide information and assistance to 
21
minors eligible to have their juvenile records expunged.

22
    (b) The State Appellate Defender shall develop brochures, 
23
pamphlets, and
other
materials in
printed form and through the 
24
agency's World Wide Web site.  The pamphlets and
other materials 
25
shall
include at a minimum the following information:


26
        (i) An explanation of the State's juvenile expungement 
 


 






09600SB1030ham001
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1
    process;
2
        (ii) The circumstances under which juvenile 
3
    expungement may occur;
4
        (iii) The juvenile offenses that may be expunged;
5
        (iv) The steps necessary to initiate and complete the 
6
    juvenile expungement process;
and
7
        (v) Directions on how to contact the State Appellate 
8
    Defender.
9
    (c) The State Appellate Defender shall establish and 
10
maintain a statewide
toll-free telephone
number that a person 
11
may use to receive information or assistance concerning
the 
12
expungement of juvenile records. The State Appellate
Defender 
13
shall advertise
the toll-free telephone number statewide. The 
14
State Appellate Defender shall
develop an expungement

15
information packet that may be sent to eligible persons seeking 
16
expungement of
their juvenile records,
which may include, but 
17
is not limited to, a pre-printed expungement petition
with 
18
instructions on how
to complete the petition and a pamphlet 
19
containing information that would
assist individuals through

20
the juvenile expungement process.
21
    (d) The State Appellate Defender shall compile a statewide 
22
list of volunteer
attorneys willing
to assist eligible 
23
individuals through the juvenile expungement process.
24
    (e) This Section shall be implemented from funds 
25
appropriated by the General
Assembly to the State
Appellate 
26
Defender
for this purpose. The State Appellate Defender shall 
 


 






09600SB1030ham001
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1
employ the necessary staff
and adopt the
necessary rules for 
2
implementation of this Section.
3
    (8)(a) Except with respect to law enforcement agencies, the 
4
Department of Corrections, State's Attorneys, or other 
5
prosecutors, an expunged juvenile record may not be considered 
6
by any private or public entity in employment matters, 
7
certification, licensing, revocation of certification or 
8
licensure, or registration.  Applications for employment must 
9
contain specific language that states that the applicant is not 
10
obligated to disclose expunged juvenile records of conviction 
11
or arrest.  Employers may not ask  if an applicant has had a 
12
juvenile record expunged.  Effective January 1, 2005, the 
13
Department of Labor shall develop a link on the Department's 
14
website to inform employers that employers may not ask if an 
15
applicant had a juvenile record expunged and that application 
16
for employment must contain specific language that states that 
17
the applicant is not obligated to disclose expunged juvenile 
18
records of arrest or conviction.
19
    (b) A person whose juvenile records have been expunged is 
20
not entitled to remission of any fines, costs, or other money 
21
paid as a consequence of expungement.  This amendatory Act of 
22
the 93rd General Assembly does not affect the right of the 
23
victim of a crime to prosecute or defend a civil action for 
24
damages.

25
(Source: P.A. 94-696, eff. 6-1-06; 95-861, eff. 1-1-09.)".