Rep. Arthur L. Turner
Filed: 5/22/2009
 
 

 




 

 		












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AMENDMENT TO SENATE BILL 1030




2
    AMENDMENT NO. ______. Amend Senate Bill 1030, AS AMENDED, 
3
by replacing everything after the enacting clause with the 
4
following:

 
5
    "Section 5. The Criminal Identification Act is amended  by 
6
changing Section 5 as follows:
 



7
    (20 ILCS 2630/5)  (from Ch. 38, par. 206-5)


8
    Sec. 5. Arrest reports; expungement. 

9
    (a) All policing bodies of this State shall furnish to the 
10
Department,
daily, in the form and detail the Department 
11
requires, fingerprints and
descriptions of all persons who are 
12
arrested on charges of violating any penal
statute of this 
13
State for offenses that are classified as felonies and Class
A 
14
or B misdemeanors and of all minors of the age of 10 and over 
15
who have been
arrested for an offense which would be a felony 
16
if committed by an adult, and
may forward such fingerprints and 
 


 






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descriptions for minors arrested for Class A
or B misdemeanors.  
2
Moving or nonmoving traffic violations under the Illinois

3
Vehicle Code shall not be reported except for violations of 
4
Chapter 4, Section
11-204.1, or Section 11-501 of that Code.  In 
5
addition, conservation offenses,
as defined in the Supreme 
6
Court Rule 501(c), that are classified as Class B
misdemeanors 
7
shall not be reported. Those law enforcement records maintained 
8
by the Department for minors arrested for an offense prior to 
9
their 17th birthday, or minors arrested for a non-felony 
10
offense, if committed by an adult, prior to their 18th 
11
birthday, shall not be forwarded to the Federal Bureau of 
12
Investigation unless those records relate to an arrest in which 
13
a minor was charged as an adult under any of the transfer 
14
provisions of the Juvenile Court Act of 1987. 

15
    Whenever an adult or minor prosecuted as an adult,
not 
16
having previously been convicted of any criminal offense or 
17
municipal
ordinance violation, charged with a violation of a 
18
municipal ordinance or a
felony or misdemeanor, is acquitted or 
19
released without being convicted,
whether the acquittal or 
20
release occurred before, on, or after the
effective date of 
21
this amendatory Act of 1991, the Chief Judge of the circuit

22
wherein the charge was brought, any judge of that circuit 
23
designated by the
Chief Judge, or in counties of less than 
24
3,000,000 inhabitants, the presiding
trial judge at the 
25
defendant's trial may upon verified petition of the
defendant 
26
order the record of arrest expunged from the official records 
 


 






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of the
arresting authority and the Department and order that 
2
the records of the clerk
of the circuit court be sealed until 
3
further order of the court upon good cause
shown and the name 
4
of the defendant obliterated on the official index required
to 
5
be kept by the circuit court clerk under Section 16 of the 
6
Clerks of Courts
Act, but the order shall not affect any index 
7
issued by the circuit court clerk
before the entry of the 
8
order.  The Department may charge the petitioner a fee

9
equivalent to the cost of processing any order to expunge or 
10
seal the records,
and the fee shall be deposited into the State 
11
Police Services Fund.  The
records of those arrests, however, 
12
that result in a disposition of
supervision for any offense 
13
shall not be expunged from the records of the
arresting 
14
authority or the Department nor impounded by the court until 2 
15
years
after discharge and dismissal of supervision.  Those 
16
records
that result from a supervision for a violation of 
17
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois 
18
Vehicle Code or a similar provision
of a local ordinance, or 
19
for a violation of Section 12-3.2, 12-15 or 16A-3
of the 
20
Criminal Code of 1961, or probation under Section 10 of the 
21
Cannabis
Control Act, Section 410 of the Illinois Controlled 
22
Substances Act, Section 70 of the Methamphetamine Control and 
23
Community Protection Act, Section
12-4.3(b)(1) and (2) of the 
24
Criminal Code of 1961 (as those provisions
existed before their 
25
deletion by Public Act 89-313), Section 10-102 of the
Illinois 
26
Alcoholism and Other Drug Dependency Act when the judgment of

 


 






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conviction has been vacated, Section 40-10 of the Alcoholism 
2
and Other Drug
Abuse and Dependency Act when the judgment of 
3
conviction has been vacated,
or Section 10 of the Steroid 
4
Control Act shall not be expunged from the records
of the 
5
arresting authority nor impounded by the court until 5 years 
6
after
termination of probation or supervision.  Those records 
7
that result from a
supervision for a violation of Section 
8
11-501 of the Illinois Vehicle Code or
a similar provision of a 
9
local ordinance, shall not be expunged.  All records
set out 
10
above may be ordered by the court to be expunged from the 
11
records of
the arresting authority and impounded by the court 
12
after 5 years, but shall
not be expunged by the Department, but 
13
shall, on court order be sealed by the
Department and may be 
14
disseminated by the Department only as required by law or
to 
15
the arresting authority, the State's Attorney, and the court 
16
upon a later
arrest for the same or a similar offense or for 
17
the purpose of sentencing for
any subsequent felony.  Upon 
18
conviction for any offense, the Department of
Corrections shall 
19
have access to all sealed records of the Department
pertaining 
20
to that individual.

21
    (a-5) Those records maintained by the Department for 
22
persons arrested
prior to their 17th birthday shall be expunged 
23
as provided in Section 5-915 of
the Juvenile Court Act of 1987.

24
    (b) Whenever a person has been convicted of a crime or of 
25
the violation of
a municipal ordinance, in the name of a person 
26
whose identity he has stolen
or otherwise come into possession 
 


 






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of, the aggrieved person from whom the
identity was stolen or 
2
otherwise obtained without authorization, upon learning
of the 
3
person having been arrested using his identity, may, upon 
4
verified
petition to the chief judge of the circuit wherein the 
5
arrest was made,
have a court order entered nunc pro tunc by 
6
the chief judge to correct
the arrest record, conviction 
7
record, if any, and all official records of the
arresting 
8
authority, the Department, other criminal justice agencies, 
9
the
prosecutor, and the trial court concerning such arrest, if 
10
any, by removing his
name from all such records in connection 
11
with the arrest and conviction, if
any, and by inserting in the 
12
records the name of the offender, if known or
ascertainable, in 
13
lieu of the aggrieved's name.  The records of the
clerk of
the 
14
circuit court clerk shall be sealed until further order of the 
15
court upon
good cause shown and the name of the aggrieved 
16
person obliterated on the
official index required to be kept by 
17
the circuit court clerk under Section 16
of the Clerks of 
18
Courts Act, but the order shall not affect any index issued by

19
the circuit court clerk before the entry of the order.  Nothing 
20
in this Section
shall limit the Department of State Police or 
21
other criminal justice agencies
or prosecutors from listing 
22
under an offender's name the false names he or she
has used.  
23
For purposes of this Section, convictions for moving and 
24
nonmoving
traffic violations other than convictions for 
25
violations of Chapter 4, Section
11-204.1 or Section 11-501 of 
26
the Illinois Vehicle Code shall not be a bar to
expunging the 
 


 






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record of arrest and court records for
violation of a 
2
misdemeanor or municipal ordinance.

3
    (c) Whenever a person who has been convicted of an offense 
4
is granted
a pardon by the Governor which specifically 
5
authorizes expungement, he may,
upon verified petition to the 
6
chief judge of the circuit where the person had
been convicted, 
7
any judge of the circuit designated by the Chief Judge, or in

8
counties of less than 3,000,000 inhabitants, the presiding 
9
trial judge at the
defendant's trial, may have a court order 
10
entered expunging the record of
arrest from the official 
11
records of the arresting authority and order that the
records 
12
of the clerk of the circuit court and the Department be sealed 
13
until
further order of the court upon good cause shown or as 
14
otherwise provided
herein, and the name of the defendant 
15
obliterated from the official index
requested to be kept by the 
16
circuit court clerk under Section 16 of the Clerks
of Courts 
17
Act in connection with the arrest and conviction for the 
18
offense for
which he had been pardoned but the order shall not 
19
affect any index issued by
the circuit court clerk before the 
20
entry of the order.  All records sealed by
the Department may be 
21
disseminated by the Department only as required by law or
to 
22
the arresting authority, the State's Attorney, and the court 
23
upon a later
arrest for the same or similar offense or for the 
24
purpose of sentencing for any
subsequent felony.  Upon 
25
conviction for any subsequent offense, the Department
of 
26
Corrections shall have access to all sealed records of the 
 


 






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Department
pertaining to that individual.  Upon entry of the 
2
order of expungement, the
clerk of the circuit court shall 
3
promptly mail a copy of the order to the
person who was 
4
pardoned.

5
    (c-5) Whenever a person has been convicted of criminal 
6
sexual assault,
aggravated criminal sexual assault, predatory 
7
criminal sexual assault of a
child, criminal sexual abuse, or 
8
aggravated criminal sexual abuse, the victim
of that offense 
9
may request that the State's Attorney of the county in which

10
the conviction occurred file a verified petition with the 
11
presiding trial judge
at the defendant's trial to have a court 
12
order entered to seal the records of
the clerk of the circuit 
13
court in connection with the proceedings of the trial
court 
14
concerning that offense.  However, the records of the arresting 
15
authority
and the Department of State Police concerning the 
16
offense shall not be
sealed.  The court, upon good cause shown, 
17
shall make the records of the clerk
of the circuit court in 
18
connection with the proceedings of the trial court
concerning 
19
the offense available for public inspection.

20
    (c-6) If a conviction has been set aside on direct review 
21
or on
collateral attack
and the court determines by clear and 
22
convincing evidence that the defendant
was factually innocent 
23
of
the charge, the court shall enter an expungement order as 
24
provided in
subsection (b) of Section 5-5-4
of the Unified Code 
25
of Corrections.

26
    (d) Notice of the petition for subsections (a), (b), and 
 


 






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(c) shall be
served by the clerk upon the State's Attorney or 
2
prosecutor charged with the duty
of prosecuting the offense, 
3
the Department of State Police, the arresting
agency and the 
4
chief legal officer of the unit of local government
affecting 
5
the arrest.  Unless the State's Attorney or prosecutor, the

6
Department of State Police, the arresting agency or such chief 
7
legal officer
objects to the petition within 30 days from the 
8
date of the notice, the
court shall enter an order granting or 
9
denying the petition. The clerk
of the court shall promptly 
10
mail a copy of the order to the person, the
arresting agency, 
11
the prosecutor, the Department of State Police and such
other 
12
criminal justice agencies as may be ordered by the judge.

13
    (e) Nothing herein shall prevent the Department of State 
14
Police from
maintaining all records of any person who is 
15
admitted to probation upon
terms and conditions and who 
16
fulfills those terms and conditions pursuant
to Section 10 of 
17
the Cannabis Control Act, Section 410 of the Illinois

18
Controlled Substances Act, Section 70 of the Methamphetamine 
19
Control and Community Protection Act, Section 12-4.3 of the 
20
Criminal Code
of 1961, Section 10-102 of the Illinois 
21
Alcoholism and Other Drug
Dependency Act, Section 40-10 of the 
22
Alcoholism and Other Drug Abuse and
Dependency Act, or Section 
23
10 of the Steroid Control Act. 

24
    (f) No court order issued under the expungement provisions 
25
of this
Section shall become final for purposes of appeal until 
26
30 days after
notice is received by the Department.  Any court 
 


 






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order contrary to the
provisions of this Section is void.

2
    (g) Except as otherwise provided in subsection (c-5) of 
3
this Section,
the court shall not order the sealing or 
4
expungement of the arrest
records and records of the circuit 
5
court clerk of any person granted
supervision for or convicted 
6
of any sexual offense committed against a minor
under 18 years 
7
of age.  For the purposes of this Section, "sexual offense

8
committed against a minor" includes but is not limited to the 
9
offenses of
indecent solicitation of a child or criminal sexual 
10
abuse when the victim of
such offense is under 18 years of age.

11
    (h) (1) Applicability. Notwithstanding any other provision 
12
of this Act to the contrary and cumulative with any rights to 
13
expungement of criminal records, this subsection authorizes 
14
the  sealing of criminal records of adults and of minors 
15
prosecuted as adults.
16
    (2) Sealable offenses. The following offenses may be 
17
sealed:
18
        (A) All municipal ordinance violations and 
19
    misdemeanors, with the exception of the following:
20
            (i) violations of Section 11-501 of the Illinois 
21
        Vehicle Code or a similar provision of a local 
22
        ordinance;
23
            (ii) violations of Article 11 of the Criminal Code 
24
        of 1961 or a similar provision of a local ordinance, 
25
        except Section 11-14 of the Criminal Code of 1961 as 
26
        provided in clause B(i) of this subsection (h);
 


 






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            (iii) violations of Section 12-15, 12-30, or 26-5 
2
        of the Criminal Code of 1961 or a similar provision of 
3
        a local ordinance;
4
            (iv) violations that are a crime of violence as 
5
        defined in Section 2 of the Crime Victims Compensation 
6
        Act or a similar provision of a local ordinance;
7
            (v) Class A misdemeanor violations of the Humane 
8
        Care for Animals Act; and
9
            (vi) any offense or attempted offense that would 
10
        subject a person to registration under the Sex Offender 
11
        Registration Act.
12
        (B) Misdemeanor and Class 4 felony violations of:
13
            (i) Section 11-14 of the Criminal Code of 1961;
14
            (ii) Section 4 of the Cannabis Control Act;
15
            (iii) Section 402 of the Illinois Controlled 
16
        Substances Act; and
17
            (iv) Section 60 of the Methamphetamine Control and 
18
        Community Protection Act.

19
        However, for purposes of this subsection (h), a 
20
    sentence of first offender probation under Section 10 of 
21
    the Cannabis Control Act, Section 410 of the Illinois 
22
    Controlled Substances Act, or Section 70 of the 
23
    Methamphetamine Control and Community Protection Act shall 
24
    be treated as a Class 4 felony conviction.
25
    (3) Requirements for sealing. Records identified as 
26
sealable under clause (h) (2) may be sealed when the individual 
 


 






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was:
2
        (A) Acquitted of the offense or offenses or released 
3
    without being convicted.
4
        (B) Convicted of the offense or offenses and the 
5
    conviction or convictions were reversed.
6
        (C) Placed on misdemeanor supervision for an offense or 
7
    offenses; and
8
            (i) at least 3 years have elapsed since the 
9
        completion of the term of supervision, or terms of 
10
        supervision, if more than one term has been ordered; 
11
        and
12
            (ii)  the individual has not been convicted of a 
13
        felony or misdemeanor or placed on supervision for a 
14
        misdemeanor or felony during the period specified in 
15
        clause (i).
16
        (D) Convicted of an offense or offenses; and
17
            (i)   at least 4 years have elapsed since the last 
18
        such conviction or term of any sentence, probation, 
19
        parole, or supervision, if any, whichever is last in 
20
        time; and
21
            (ii)  the individual has not been convicted of a 
22
        felony or misdemeanor or placed on supervision for a 
23
        misdemeanor or felony during the period specified in 
24
        clause (i).
25
    (4) Requirements for sealing of records when more than one 
26
charge and disposition have been filed. When multiple offenses 
 


 






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are petitioned to be sealed under this subsection (h), the 
2
requirements of the relevant provisions of clauses (h)(3)(A) 
3
through (D) each apply.  In instances in which more than one 
4
waiting period is applicable under clauses (h)(C)(i) and (ii) 
5
and (h)(D)(i) and (ii), the longer applicable period applies, 
6
and the requirements of clause (h) (3) shall be considered met 
7
when the petition is filed after the passage of the longer 
8
applicable waiting period. That period commences on the date of 
9
the completion of the last sentence or the end of supervision, 
10
probation, or parole, whichever is last in time.
11
    (5) Subsequent convictions. A person may not have 
12
subsequent felony conviction records sealed as provided in this 
13
subsection (h) if he or she is convicted of any felony offense 
14
after the date of the sealing of prior felony records as 
15
provided in this subsection (h).
16
    (6) Notice of eligibility for sealing. Upon acquittal, 
17
release without conviction, or being  placed on supervision for 
18
a sealable offense, or upon conviction of a sealable offense, 
19
the person shall be informed by the court of the right to have 
20
the records sealed and the procedures for the sealing of the 
21
records.
22
    (7) Procedure.  Upon becoming eligible for the sealing of 
23
records under this subsection (h),  the person who seeks the 
24
sealing of his or her records shall file a petition requesting 
25
the sealing of records with the clerk of the court where the 
26
charge or charges were brought. The records may be sealed by 
 


 






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the Chief Judge of the circuit wherein the charge was brought, 
2
any judge of that circuit designated by the Chief Judge, or in 
3
counties of less than 3,000,000 inhabitants, the presiding 
4
trial judge at the defendant's trial, if any. If charges were 
5
brought in multiple jurisdictions, a petition must be filed in 
6
each such jurisdiction. The petitioner shall pay the applicable 
7
fee, if not waived.
8
        (A) Contents of petition. The petition  shall contain 
9
    the petitioner's name, date of birth, current address, each 
10
    charge, each case number, the date of each charge, the 
11
    identity of the arresting authority,  and such other 
12
    information as the court may require.   During the pendency 
13
    of the proceeding, the petitioner shall promptly notify the 
14
    clerk of the court of any change of address.
15
        (B) Drug test.  A person filing a petition to have his 
16
    or her records sealed for a Class 4 felony violation of 
17
    Section 4 of the Cannabis Control Act or for a Class 4 
18
    felony violation of Section 402 of the Illinois Controlled 
19
    Substances Act must attach to the petition proof that the 
20
    petitioner has passed a test taken within the previous 30 
21
    days before the filing of the petition showing the absence 
22
    within his or her body of all illegal substances in 
23
    violation of either the Illinois Controlled Substances Act 
24
    or the Cannabis Control Act.
25
        (C) Service of petition. The clerk shall promptly serve 
26
    a copy of the petition on the State's Attorney or 
 


 






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    prosecutor charged with the duty of prosecuting the 
2
    offense, the Department of State Police, the arresting 
3
    agency and the chief legal officer of the unit of local 
4
    government effecting the arrest.
5
        (D) Entry of order.  Unless the State's Attorney or 
6
    prosecutor, the Department of State Police, the arresting 
7
    agency or such chief legal officer objects to sealing of 
8
    the records within 90 days of notice the court shall enter 
9
    an order sealing the defendant's records.
10
        (E) Hearing upon objection.  If an objection is filed, 
11
    the court shall set a date for a hearing and notify the 
12
    petitioner and the parties on whom the petition had been 
13
    served, and shall hear evidence on whether the sealing of 
14
    the records should or should not be granted, and shall make 
15
    a determination on whether to issue an order to seal the 
16
    records based on the evidence presented at the hearing.
17
        (F) Service of order. After entering the order to seal 
18
    records, the court must provide copies of the order to the 
19
    Department, in a form and manner prescribed by the 
20
    Department, to the petitioner, to the State's Attorney or 
21
    prosecutor charged with the duty of prosecuting the 
22
    offense, to the arresting agency, to the chief legal 
23
    officer of the unit of local government effecting the 
24
    arrest, and to such other criminal justice agencies as may 
25
    be ordered by the court.
26
    (8) Fees. Notwithstanding any provision of the Clerk of the 
 


 






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Courts Act to the contrary, and subject to the approval of the 
2
county board, the clerk may charge a fee equivalent to the cost 
3
associated with the sealing of records by the clerk and the 
4
Department of State Police. The clerk shall forward the 
5
Department of State Police portion of the fee to the Department 
6
and it shall be deposited into the State Police Services Fund.
7
    (i)  Subject to available funding, the Illinois Department 
8
of Corrections shall conduct a study of the impact of sealing, 
9
especially on employment and recidivism rates, utilizing a 
10
random sample of those who apply for the sealing of their 
11
criminal records under Public Act 93-211, in accordance to 
12
rules adopted by the Department.  At the request of the Illinois 
13
Department of Corrections, records of the Illinois Department 
14
of Employment Security shall be utilized as appropriate to 
15
assist in the study. The study shall not disclose any data in a 
16
manner that would allow the identification of any particular 
17
individual or employing unit. The study shall be made available 
18
to the General Assembly no later than September 1, 2006.

19
    (j)  Notwithstanding any provision of the Clerks of Courts 
20
Act to the contrary, the clerk may charge a fee equivalent to 
21
the cost associated with the sealing or expungement of records 
22
by the clerk. From the total filing fee collected for the 
23
Petition to seal or expunge, the clerk shall deposit $10 into 
24
the Circuit Court Clerk Operation and Administrative Fund, to 
25
be used to offset the costs incurred by the Circuit Court Clerk 
26
in performing the additional duties required to serve the 
 


 






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Petition to Seal or Expunge on all parties. The clerk shall 
2
also charge a filing fee equivalent to the cost of sealing or 
3
expunging the record by the Department of State Police. The 
4
clerk shall collect and forward the Department of State Police 
5
portion of the fee to the Department and it shall be deposited 
6
in the State Police Services Fund. 
7
(Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09; 
8
revised 10-28-08.)


 
9
    Section 10. The Juvenile Court Act of 1987 is amended  by 
10
changing Section 5-915 as follows:


 


11
    (705 ILCS 405/5-915)


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

14
    (0.05)  For purposes of this Section:
15
        "Expunge" means to physically destroy the records and 
16
    to obliterate the minor's name from any official index or 
17
    public record, or both. Nothing in this Act shall require 
18
    the physical destruction of the internal office records, 
19
    files, or databases maintained by a State's Attorney's 
20
    Office or other prosecutor.
21
        "Law enforcement record" includes but is not limited to 
22
    records of arrest, station adjustments, fingerprints, 
23
    probation adjustments, the issuance of a notice to appear, 
24
    or any other records maintained by a law enforcement agency 
 


 






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    relating to a minor suspected of committing an offense. 
2
    (1) Upon a minor's 17th birthday in cases where the minor 
3
was arrested for any offense prior to his 17th birthday, or 
4
upon a minor's 18th birthday in cases where the minor was 
5
arrested after reaching the age of 17 but prior to his 18th 
6
birthday for an offense that would be a misdemeanor if 
7
committed by an adult, the Department of State Police shall 
8
notify in writing the local law enforcement agency that made 
9
the arrest, the State's Attorney or other prosecutor charged 
10
with the duty of prosecuting the offense, the minor, and the 
11
clerk of the circuit court in the circuit in which the arrest 
12
was made, that the records of arrest relating to the minor 
13
shall be expunged unless a written objection stating the reason 
14
the records should not be expunged is received by the clerk of 
15
the circuit court within
60 days of the receipt of such notice.  
16
In such cases, objections shall be limited to the following:
17
        (a)   that the offense for which the minor was arrested 
18
    is still under
active investigation;
19
        (b)  that the minor is a potential witness in an 
20
    upcoming court proceeding and that such arrest record is 
21
    relevant to that proceeding;
22
        (c)   that a petition for adjudication of delinquency 
23
    relating to the
arrest
at issue was filed against the 
24
    minor;
25
        (d)  that criminal charges relating to the arrest at 
26
    issue were instituted
against the minor pursuant to any 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
    transfer provision of this Act; or
2
        (e)   that the arrest at issue was for one of the 
3
    following offenses:

(i)              homicide;

(ii)            an offense 
4
    involving a deadly weapon;

(iii)          a sex offense as defined 
5
    in the Sex Offender Registration
Act;

or (iv)          aggravated 
6
    domestic battery.
7
    If the arresting agency or prosecutor responds to the 
8
notice with a written objection to the clerk of the circuit 
9
court, the clerk shall set a date for hearing after the 60 day 
10
objection period.  The clerk of the circuit court shall send 
11
notice of the objection and the hearing within 7 days to the 
12
minor at the minor's last known address.  The clerk of the 
13
circuit court shall also provide the minor with the phone 
14
number and website address of the Expungement Program 
15
maintained by the Office of the State Appellate Defender.  At 
16
the hearing the objecting party must prove by a preponderance 
17
of the evidence that the basis of the objection falls within 
18
clauses (1) (a) through (e), and outweighs the juvenile justice 
19
system's interest in equipping juvenile offenders with 
20
competencies to live responsibly and productively, as set forth 
21
in the purpose and policy set forth  in Section 5-101. If the 
22
objecting party fails to meet this burden of proof, the court 
23
shall enter an order granting expungement.  The clerk shall 
24
forward a certified copy of the order to the Department of 
25
State Police and the arresting agency.  An objection or a denial 
26
of an expungement order under this subsection does not operate 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
to bar the filing of a Petition to Expunge by the minor under 
2
subsection (2) of this Section where applicable.



If no written 
3
objection is received from the arresting agency, the 
4
prosecutor, or the Department of State Police, the Court shall 
5
enter an order granting expungement and the clerk of the 
6
circuit court shall forward written notice to the minor, the 
7
arresting agency and the Department of State Police that the 
8
records of arrest relating to the minor must be expunged 
9
pursuant to this Section.  Arresting agencies and the Department 
10
of State Police shall comply with such notice within 60 days of 
11
receipt.
12
    (1.5) If a minor is arrested, at the time the minor is 
13
released from custody the youth officer, if applicable, or 
14
other designated person from the arresting agency, shall notify 
15
verbally and in writing to the minor or the minor's parents or 
16
guardians that upon the minor's 17th birthday or upon the 
17
minor's 18th birthday if the minor was arrested after their 
18
17th birthday but prior to their 18th birthday for an offense 
19
that would be a misdemeanor if committed by an adult, the 
20
minor's law enforcement record shall be expunged if the 
21
arresting agency, the prosecutor, or the Department of State 
22
Police do not object to the expungement.  The arresting agency 
23
should further notify the minor that notice of any objections, 
24
the expungement hearing and the expungement order shall be sent 
25
to the minor by the clerk of the circuit court at the minor's 
26
last known address. 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
    (2) (1) Whenever any person has attained the age of 17 or 
2
whenever all juvenile
court proceedings relating to that person 
3
have been terminated, whichever is
later, the person may 
4
petition the court to expunge law enforcement records
relating 
5
to incidents occurring before his or her 17th birthday or his 
6
or her
juvenile court
records, or both, but only in the 
7
following circumstances:


8
        (a) the minor was arrested and no petition for 
9
    delinquency was filed with
the clerk of the circuit court 
10
    and the minor does not meet the requirements for automatic 
11
    expungement under paragraph (1) of Section 5-915; or


12
        (b) the minor was charged with an offense and was found 
13
    not delinquent of
that offense; or


14
        (c) the minor was placed under supervision pursuant to 
15
    Section 5-615, and
the order of
supervision has since been 
16
    successfully terminated; or


17
        (d)
the minor was adjudicated for an offense which 
18
    would be a Class B
misdemeanor, Class C misdemeanor, or a 
19
    petty or business offense if committed by an adult.

20
    (2.5) (2) Any person may petition the court to expunge all 
21
law enforcement records
relating to any
incidents occurring 
22
before his or her 17th birthday which did not result in

23
proceedings in criminal court and all juvenile court records 
24
with respect to
any adjudications except those based upon first 
25
degree
murder and
sex offenses which would be felonies if 
26
committed by an adult, if the person
for whom expungement is 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
sought has had no
convictions for any crime since his or her 
2
17th birthday and:


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


4
        (b) 5 years have elapsed since all juvenile court 
5
    proceedings relating to
him or her have been terminated or 
6
    his or her commitment to the Department of
Juvenile Justice


7
    pursuant to this Act has been terminated;

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


 






09600SB1030ham002
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1
expunge juvenile records obtained from the clerk of the circuit 
2
court.
3
    (2.7) (2.6) If a minor is charged with an offense and is 
4
found not delinquent of that offense; or if a minor is placed 
5
under supervision under Section 5-615, and the order of 
6
supervision is successfully terminated; or  if a minor is 
7
adjudicated for an offense that would be a Class B misdemeanor, 
8
a Class C misdemeanor, or a business or petty offense if 
9
committed by an adult; or if a minor has incidents occurring 
10
before his or her 17th birthday that have not resulted in 
11
proceedings in criminal court, or resulted in proceedings in 
12
juvenile court, and the adjudications were not based upon first 
13
degree murder or sex offenses that would be felonies if 
14
committed by an adult; then at the time of sentencing or 
15
dismissal of the case, the judge shall inform the delinquent 
16
minor of his or her right to petition for expungement as 
17
provided by law, and the clerk of the circuit court shall 
18
provide an expungement information packet to the delinquent 
19
minor, written in plain language, including a petition for 
20
expungement, a sample of a completed petition, expungement 
21
instructions that shall include information informing the 
22
minor that (i) once the case is expunged, it shall be treated 
23
as if it never occurred, (ii) he or she may apply to have 
24
petition fees waived, (iii) once he or she obtains an 
25
expungement, he or she may not be required to disclose that he 
26
or she had a juvenile record, and (iv) he or she may file the 
 


 






09600SB1030ham002
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1
petition on his or her own or with the assistance of an 
2
attorney. The failure of the judge to inform the delinquent 
3
minor of his or her right to petition for expungement as 
4
provided by law does not create a substantive right, nor is 
5
that failure grounds for: (i) a reversal of an adjudication of 
6
delinquency, (ii) a new trial; or (iii) an appeal.
7
    (2.8) (2.7) For counties with a population over 3,000,000, 
8
the clerk of the circuit court shall send a "Notification of a 
9
Possible Right to Expungement" post card to the minor at the 
10
address last received by the clerk of the circuit court on the 
11
date that the minor attains the age of 17 based on the 
12
birthdate provided to the court by the minor or his or her 
13
guardian in cases under paragraphs (b), (c),  and (d) of 
14
subsection (2) (1); and when the minor attains the age of 21 
15
based on the birthdate provided to the court by the minor or 
16
his or her guardian in cases under subsection (2.5) (2).
17
    (2.9) (2.8) The petition for expungement for subsection (2) 
18
(1)  shall be substantially in the 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)
 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1

PETITION TO EXPUNGE JUVENILE RECORDS
2

(705 ILCS 405/5-915 (SUBSECTION  2   1 ))
3

(Please prepare a separate petition for each offense)
4
Now comes ............., petitioner, and respectfully requests

5
that this Honorable Court enter an order expunging all juvenile 
6
law enforcement and court records of petitioner and in support 
7
thereof states that:
Petitioner has attained the age of 17, 
8
his/her birth date being ......, or all
Juvenile Court 
9
proceedings terminated as of ......, whichever occurred later.


10
Petitioner was arrested on ..... by the ....... Police 
11
Department for the offense of ......., and:

12
(Check One:)

13
( ) a. no petition was filed with the Clerk of the Circuit 
14
Court.
15
( ) b. was charged with ...... and was found not delinquent
        of 
16
the offense.
17
( ) c. a petition was filed and the petition was dismissed 
18
without a finding of delinquency on .....
19
( ) d. on ....... placed under supervision pursuant to Section 
20
5-615 of the Juvenile Court Act of 1987 and such order of 
21
supervision successfully terminated on ........
22
( ) e. was adjudicated for the offense, which would have been a 
23
Class B misdemeanor, a Class C misdemeanor, or a petty offense 
24
or business offense if committed by an adult.

25
Petitioner .... has  .... has not  been arrested on charges in 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
this or any county other than the charges listed above.  If 
2
petitioner has been arrested on additional charges, please list 
3
the charges below:

4
Charge(s): ......
5
Arresting Agency or Agencies: ...........
6
Disposition/Result: (choose from a. through e., above): .....

7
WHEREFORE, the petitioner respectfully requests this Honorable 
8
Court to (1) order all law enforcement agencies to expunge all 
9
records of petitioner to this incident, and (2) to order the 
10
Clerk of the Court to expunge all records concerning the 
11
petitioner regarding this incident.
 
12

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

13

Petitioner (Signature)



 
14

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



15

Petitioner's Street Address

 
16

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



17

City, State, Zip Code

 
18

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

Petitioner's Telephone Number

 
20
Pursuant to the penalties of perjury under the Code of Civil 
21
Procedure, 735 ILCS 5/1-109, I hereby certify that the 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
statements in this petition are true and correct, or on 
2
information and belief I believe the same to be true.
 
3

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

Petitioner (Signature)

5
The Petition for Expungement for subsection (2.5) (2) shall be 
6
substantially in 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

PETITION TO EXPUNGE JUVENILE RECORDS
 

15

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

16

(Please prepare a separate petition for each offense)

17
Now comes ............, petitioner, and respectfully requests 
18
that this Honorable Court enter an order expunging all Juvenile 
19
Law Enforcement and Court records of petitioner and in support 
20
thereof states that:
21
The incident for which the Petitioner seeks expungement 
22
occurred before the Petitioner's 17th birthday and did not 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
result in proceedings in criminal court and the Petitioner has 
2
not had any convictions for any crime since his/her 17th 
3
birthday; and

4
The incident for which the Petitioner seeks expungement 
5
occurred before the Petitioner's 17th birthday and the 
6
adjudication was not based upon first-degree murder or sex 
7
offenses which would be felonies if committed by an adult, and 
8
the Petitioner has not had any convictions for any crime since 
9
his/her 17th birthday.
10
Petitioner was arrested on ...... by the ....... Police 
11
Department for the offense of ........, and:
12
(Check whichever one occurred the latest:)
13
( ) a. The Petitioner has attained the age of 21 years, his/her 
14
birthday being .......; or
15
( ) b. 5 years have elapsed since all juvenile court 
16
proceedings relating to the Petitioner have been terminated; or 
17
the Petitioner's commitment to the Department of Juvenile 
18
Justice
 pursuant to the expungement of juvenile law enforcement 
19
and  court records provisions of the Juvenile Court Act of 1987 
20
has been terminated.

Petitioner ...has ...has not been arrested 
21
on charges in this or any other county other than the charge 
22
listed above.  If petitioner has been arrested on additional 
23
charges, please list the charges below:
24
Charge(s):  ..........
25
Arresting Agency or Agencies: .......
26
Disposition/Result: (choose from a or b, above): ..........
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




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

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

7

Petitioner (Signature)

 
8

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

Petitioner's Street Address

 


10

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

City, State, Zip Code
12

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

Petitioner's Telephone Number

 

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

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

Petitioner (Signature)

20
    (3) The chief judge of the circuit in which an arrest was 
21
made or a charge
was brought or any
judge of that circuit 
22
designated by the chief judge
may, upon verified petition
of a 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
person who is the subject of an arrest or a juvenile court 
2
proceeding
under subsection (1) or (2) or (2.5) of this 
3
Section, order the law enforcement
records or official court 
4
file, or both, to be expunged from the official
records of the 
5
arresting authority, the clerk of the circuit court and the

6
Department of State Police. The person whose records are to be 
7
expunged shall petition the court using the appropriate form 
8
containing his or her current address and shall promptly notify 
9
the clerk of the circuit court of any change of address.  Notice


10
of the petition shall be served upon the State's Attorney or 
11
prosecutor charged with the duty of prosecuting the offense, 
12
the Department of State Police, and the arresting agency or 
13
agencies by the clerk of the circuit court.  If an objection is 
14
filed within 45

days of the notice of the petition, the clerk 
15
of the circuit court shall set a date for hearing after the 45
 
16
day objection period.  At the hearing the court shall hear 
17
evidence on whether the expungement should or should not be 
18
granted.  Unless the State's Attorney or prosecutor, the 
19
Department of State Police, or an arresting agency objects to 
20
the expungement within 45
 days of the notice, the court may 
21
enter an order granting expungement.  The person whose records 
22
are to be expunged shall pay the clerk of the circuit court a 
23
fee equivalent to the cost associated with expungement of 
24
records by the clerk and the Department of State Police.  The 
25
clerk shall forward a certified copy of the order to the 
26
Department of State Police, the appropriate portion of the fee 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
to the Department of State Police for processing, and deliver a 
2
certified copy of the order to the arresting agency.

3
    (3.1) The Notice of Expungement shall be in substantially 
4
the following form:
5

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

6

.... JUDICIAL CIRCUIT


 
7
IN THE INTEREST OF )    NO.

8
                   )

9
                   )

10
...................)

11
(Name of Petitioner)
 
12

NOTICE

13
TO:  State's Attorney

14
TO:  Arresting Agency

15


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

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

18


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

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

21
TO:  Illinois State Police

22


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

24


 


 






09600SB1030ham002
- 31 -
LRB096 07100 RLC 27373 a




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


2
ATTENTION: Expungement

3
You are hereby notified that on ....., at ....., in courtroom 
4
..., located at ..., before the Honorable ..., Judge, or any 
5
judge sitting in his/her stead, I shall then and there present 
6
a Petition to Expunge Juvenile records in the above-entitled 
7
matter, at which time and place you may appear.
8

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

Petitioner's Signature
10

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

11

Petitioner's Street Address
12

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


13

City, State, Zip Code
14

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

Petitioner's Telephone Number
16

PROOF OF SERVICE

17
On the ....... day of ......, 20..., I on oath state that I 
18
served this notice and true and correct copies of the 
19
above-checked documents by:
20
(Check One:)
21
delivering copies personally to each entity to whom they are 
22
directed;
23
or
24
by mailing copies to each entity to whom they are directed by 
25
depositing the same in the U.S. Mail, proper postage fully 
26
prepaid, before the hour of 5:00 p.m., at the United States 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
Postal Depository located at .................
2

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


3


4
Signature
5

Clerk of the Circuit Court or Deputy Clerk
6
Printed Name of Delinquent Minor/Petitioner: ....
7
Address: ........................................
8
Telephone Number: ...............................
9
    (3.2) The Order of Expungement shall be in substantially 
10
the following form:
11

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

12

.... JUDICIAL CIRCUIT


 
13
IN THE INTEREST OF )    NO.

14
                   )

15
                   )

16
...................)

17
(Name of Petitioner)
 

18
DOB ................
19
Arresting Agency/Agencies ......
20

ORDER OF EXPUNGEMENT

21

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



22
This matter having been heard on the petitioner's motion and 
23
the court being fully advised in the premises does find that 
24
the petitioner is indigent or has presented reasonable cause to 
 


 






09600SB1030ham002
- 33 -
LRB096 07100 RLC 27373 a




1
waive all costs in this matter, IT IS HEREBY ORDERED that:
2
    ( ) 1. Clerk of Court and Department of State Police costs 
3
are hereby waived in this matter.
4
    ( ) 2. The Illinois State Police Bureau of Identification 
5
and the following law enforcement agencies expunge all records 
6
of petitioner relating to an arrest dated ...... for the 
7
offense of ......
8

Law Enforcement Agencies:

9

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

10

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

11
    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit 
12
Court expunge all records regarding the above-captioned case.
13

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

14


15
JUDGE
16
DATED: .......
17
Name:

18
Attorney for:

19
Address:
City/State/Zip:

20
Attorney Number:
21
    (3.3) The Notice of Objection shall be in substantially the 
22
following form:
23

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

24

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


 
25
IN THE INTEREST OF )    NO.

 


 






09600SB1030ham002
- 34 -
LRB096 07100 RLC 27373 a




1
                   )

2
                   )

3
...................)

4
(Name of Petitioner)
 
5

NOTICE OF OBJECTION

6
TO:(Attorney, Public Defender, Minor)

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

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

9
TO:(Illinois State Police)

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

11
.................................
12
TO:(Clerk of the Court)

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

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

15
TO:(Judge)

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

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

18
TO:(Arresting Agency/Agencies)

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

20
.................................
21
ATTENTION:

You are hereby notified that an objection has been 
22
filed by the following entity regarding the above-named minor's 
23
petition for expungement of juvenile records:
24
( ) State's Attorney's Office;

25
( ) Prosecutor (other than State's Attorney's Office) charged 
 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
with the duty of prosecuting the               offense sought to be expunged;

2
( ) Department of Illinois State Police; or

3
( ) Arresting Agency or Agencies.

4
The agency checked above respectfully requests that this case 
5
be continued and set for hearing on whether the expungement 
6
should or should not be granted.

7
DATED: .......
8
Name:
9
Attorney For:

10
Address:
11
City/State/Zip:

12
Telephone:

13
Attorney No.: 

14

FOR USE BY CLERK OF THE COURT PERSONNEL ONLY



15
This matter has been set for hearing on the foregoing 
16
objection, on ...... in room ...., located at ....., before the 
17
Honorable ....., Judge, or any judge sitting in his/her stead.
 
18
(Only one hearing shall be set, regardless of the number of 
19
Notices of Objection received on the same case).

20
A copy of this completed Notice of Objection containing the 
21
court date, time, and location, has been sent via regular U.S. 
22
Mail to the following entities.  (If more than one Notice of 
23
Objection is received on the same case, each one must be 
24
completed with the court date, time and location and mailed to 
25
the following entities):

26
( ) Attorney, Public Defender or Minor;

 


 






09600SB1030ham002
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LRB096 07100 RLC 27373 a




1
( ) State's Attorney's Office;
2
( ) Prosecutor (other than State's Attorney's Office) charged 
3
with the duty of prosecuting the     offense sought to be expunged;
4
( ) Department of Illinois State Police; and
5
( ) Arresting agency or agencies.

6
Date: ......
7
Initials of Clerk completing this section: .....


8
    (4) Upon entry of an order expunging records or files, the 
9
offense, which
the records or files concern shall be treated as 
10
if it never occurred. Law
enforcement officers and other public 
11
offices and agencies shall properly reply
on inquiry that no 
12
record or file exists with respect to the
person. 

13
    (5) Records which have not been expunged are sealed, and 
14
may be obtained
only under the provisions of Sections 5-901, 
15
5-905 and 5-915.

16
    (6) Nothing in this Section shall be construed to prohibit 
17
the maintenance
of information relating to an offense after 
18
records or files concerning the
offense have been expunged if 
19
the information is kept in a manner that does not
enable 
20
identification of the offender.  This information may only be 
21
used for
statistical and bona fide research purposes.
22
    (7)(a) The State Appellate Defender shall establish, 
23
maintain, and carry out, by December 31, 2004,  a juvenile 
24
expungement program
to provide information and assistance to 
25
minors eligible to have their juvenile records expunged.

26
    (b) The State Appellate Defender shall develop brochures, 
 


 






09600SB1030ham002
- 37 -
LRB096 07100 RLC 27373 a




1
pamphlets, and
other
materials in
printed form and through the 
2
agency's World Wide Web site.  The pamphlets and
other materials 
3
shall
include at a minimum the following information:


4
        (i) An explanation of the State's juvenile expungement 
5
    process;
6
        (ii) The circumstances under which juvenile 
7
    expungement may occur;
8
        (iii) The juvenile offenses that may be expunged;
9
        (iv) The steps necessary to initiate and complete the 
10
    juvenile expungement process;
and
11
        (v) Directions on how to contact the State Appellate 
12
    Defender.
13
    (c) The State Appellate Defender shall establish and 
14
maintain a statewide
toll-free telephone
number that a person 
15
may use to receive information or assistance concerning
the 
16
expungement of juvenile records. The State Appellate
Defender 
17
shall advertise
the toll-free telephone number statewide. The 
18
State Appellate Defender shall
develop an expungement

19
information packet that may be sent to eligible persons seeking 
20
expungement of
their juvenile records,
which may include, but 
21
is not limited to, a pre-printed expungement petition
with 
22
instructions on how
to complete the petition and a pamphlet 
23
containing information that would
assist individuals through

24
the juvenile expungement process.
25
    (d) The State Appellate Defender shall compile a statewide 
26
list of volunteer
attorneys willing
to assist eligible 
 


 






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individuals through the juvenile expungement process.
2
    (e) This Section shall be implemented from funds 
3
appropriated by the General
Assembly to the State
Appellate 
4
Defender
for this purpose. The State Appellate Defender shall 
5
employ the necessary staff
and adopt the
necessary rules for 
6
implementation of this Section.
7
    (8)(a) Except with respect to law enforcement agencies, the 
8
Department of Corrections, State's Attorneys, or other 
9
prosecutors, an expunged juvenile record may not be considered 
10
by any private or public entity in employment matters, 
11
certification, licensing, revocation of certification or 
12
licensure, or registration.  Applications for employment must 
13
contain specific language that states that the applicant is not 
14
obligated to disclose expunged juvenile records of conviction 
15
or arrest.  Employers may not ask  if an applicant has had a 
16
juvenile record expunged.  Effective January 1, 2005, the 
17
Department of Labor shall develop a link on the Department's 
18
website to inform employers that employers may not ask if an 
19
applicant had a juvenile record expunged and that application 
20
for employment must contain specific language that states that 
21
the applicant is not obligated to disclose expunged juvenile 
22
records of arrest or conviction.
23
    (b) A person whose juvenile records have been expunged is 
24
not entitled to remission of any fines, costs, or other money 
25
paid as a consequence of expungement.  This amendatory Act of 
26
the 93rd General Assembly does not affect the right of the 
 


 






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victim of a crime to prosecute or defend a civil action for 
2
damages.

3
    (c)  The expungement of juvenile records under subsections 
4
(1) and (1.5) shall be funded by the additional fine imposed 
5
under Section 5-9-1.17 of the Unified Code of Corrections and 
6
additional appropriations made by the General Assembly for such 
7
purpose. 
8
(Source: P.A. 94-696, eff. 6-1-06; 95-861, eff. 1-1-09.)


 
9
    Section 15. The Unified Code of Corrections is amended  by 
10
adding Section 5-9-1.17 as follows:
 
11
    (730 ILCS 5/5-9-1.17 new)

12
    Sec. 5-9-1.17. Additional fine to fund expungement of 
13
juvenile records.
14
    (a)  There shall be added to every penalty imposed in 
15
sentencing for a criminal offense an additional fine of $50 to 
16
be imposed upon a plea of guilty or finding of guilty resulting 
17
in a judgment of conviction.
18
    (b)  Forty dollars of each such additional fine shall be 
19
remitted to the State Treasurer for deposit into the State 
20
Police Services Fund to be used to implement the expungement of 
21
juvenile records as provided in subsections (1) and (1.5) of  
22
Section 5-915 of the Juvenile Court Act of 1987 and $10 shall 
23
be retained by the Circuit Clerk for administrative costs 
24
associated with the expungement of juvenile records and shall 
 


 






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be deposited into the Circuit Court Clerk Operation and 
2
Administrative Fund.".