99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4302

 

Introduced , by Rep. Barbara Wheeler

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-915

    Amends the Juvenile Court Act of 1987. Provides that upon adjudication of a person as a delinquent minor for an act if committed by an adult would be a non-violent crime, the person may petition the court for automatic expungement of law enforcement records and juvenile court records relating to the incident that was a non-violent crime and that occurred before his or her 18th birthday, if the minor was placed under supervision under the Delinquency Article of this Act and pays the required fees for expungement of his or her records relating to the incident. Provides that if all juvenile court proceedings relating to that incident have been terminated, supervision has been successfully completed, and the minor has not been charged with another crime since the disposition of the non-violent charge, the court must expunge all law enforcement records and juvenile court records relating to the incident that was a non-violent crime.


LRB099 13856 RLC 37833 b

FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4302LRB099 13856 RLC 37833 b

1    AN ACT concerning courts.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-915 as follows:
 
6    (705 ILCS 405/5-915)
7    Sec. 5-915. Expungement of juvenile law enforcement and
8court records.
9    (0.05) For purposes of this Section and Section 5-622:
10        "Expunge" means to physically destroy the records and
11    to obliterate the minor's name from any official index or
12    public record, or both. Nothing in this Act shall require
13    the physical destruction of the internal office records,
14    files, or databases maintained by a State's Attorney's
15    Office or other prosecutor.
16        "Law enforcement record" includes but is not limited to
17    records of arrest, station adjustments, fingerprints,
18    probation adjustments, the issuance of a notice to appear,
19    or any other records maintained by a law enforcement agency
20    relating to a minor suspected of committing an offense.
21        "Non-violent crime" means an offense that is not a
22    violent crime as defined in subsection (c) of Section 3 of
23    the Rights of Crime Victims and Witnesses Act.

 

 

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1    (1) Whenever any person has attained the age of 18 or
2whenever all juvenile court proceedings relating to that person
3have been terminated, whichever is later, the person may
4petition the court to expunge law enforcement records relating
5to incidents occurring before his or her 18th birthday or his
6or her juvenile court records, or both, but only in the
7following circumstances:
8        (a) the minor was arrested and no petition for
9    delinquency was filed with the clerk of the circuit court;
10    or
11        (b) the minor was charged with an offense and was found
12    not delinquent of that offense; or
13        (c) the minor was placed under supervision pursuant to
14    Section 5-615, and the order of supervision has since been
15    successfully terminated; or
16        (d) the minor was adjudicated for an offense which
17    would be a Class B misdemeanor, Class C misdemeanor, or a
18    petty or business offense if committed by an adult.
19    (1.5) Commencing 180 days after the effective date of this
20amendatory Act of the 98th General Assembly, the Department of
21State Police shall automatically expunge, on or before January
221 of each year, a person's law enforcement records relating to
23incidents occurring before his or her 18th birthday in the
24Department's possession or control and which contains the final
25disposition which pertain to the person when arrested as a
26minor if:

 

 

HB4302- 3 -LRB099 13856 RLC 37833 b

1        (a) the minor was arrested for an eligible offense and
2    no petition for delinquency was filed with the clerk of the
3    circuit court; and
4        (b) the person attained the age of 18 years during the
5    last calendar year; and
6        (c) since the date of the minor's most recent arrest,
7    at least 6 months have elapsed without an additional
8    arrest, filing of a petition for delinquency whether
9    related or not to a previous arrest, or filing of charges
10    not initiated by arrest.
11    The Department of State Police shall allow a person to use
12the Access and Review process, established in the Department of
13State Police, for verifying that his or her law enforcement
14records relating to incidents occurring before his or her 18th
15birthday eligible under this subsection have been expunged as
16provided in this subsection.
17    The Department of State Police shall provide by rule the
18process for access, review, and automatic expungement.
19    (1.6) Commencing on the effective date of this amendatory
20Act of the 98th General Assembly, a person whose law
21enforcement records are not subject to subsection (1.5) of this
22Section and who has attained the age of 18 years may use the
23Access and Review process, established in the Department of
24State Police, for verifying his or her law enforcement records
25relating to incidents occurring before his or her 18th birthday
26in the Department's possession or control which pertain to the

 

 

HB4302- 4 -LRB099 13856 RLC 37833 b

1person when arrested as a minor, if the incident occurred no
2earlier than 30 years before the effective date of this
3amendatory Act of the 98th General Assembly. If the person
4identifies a law enforcement record of an eligible offense that
5meets the requirements of this subsection, paragraphs (a) and
6(c) of subsection (1.5) of this Section, and all juvenile court
7proceedings related to the person have been terminated, the
8person may file a Request for Expungement of Juvenile Law
9Enforcement Records, in the form and manner prescribed by the
10Department of State Police, with the Department and the
11Department shall consider expungement of the record as
12otherwise provided for automatic expungement under subsection
13(1.5) of this Section. The person shall provide notice and a
14copy of the Request for Expungement of Juvenile Law Enforcement
15Records to the arresting agency, prosecutor charged with the
16prosecution of the minor, or the State's Attorney of the county
17that prosecuted the minor. The Department of State Police shall
18provide by rule the process for access, review, and Request for
19Expungement of Juvenile Law Enforcement Records.
20    (1.7) Nothing in subsections (1.5) and (1.6) of this
21Section precludes a person from filing a petition under
22subsection (1) for expungement of records subject to automatic
23expungement under subsection (1.5) or (1.6) of this Section.
24    (1.8) For the purposes of subsections (1.5) and (1.6) of
25this Section, "eligible offense" means records relating to an
26arrest or incident occurring before the person's 18th birthday

 

 

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1that if committed by an adult is not an offense classified as a
2Class 2 felony or higher offense, an offense under Article 11
3of the Criminal Code of 1961 or the Criminal Code of 2012, or
4an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16
5of the Criminal Code of 1961.
6    (1.9) Upon adjudication of a person as a delinquent minor
7for an act if committed by an adult would be a non-violent
8crime, the person may petition the court for automatic
9expungement of law enforcement records and juvenile court
10records relating to the incident that was a non-violent crime
11and that occurred before his or her 18th birthday, if the minor
12was placed under supervision under Section 5-615 of this Act
13and pays the required fees for expungement of his or her
14records relating to the incident. If all juvenile court
15proceedings relating to that incident have been terminated,
16supervision has been successfully completed, and the minor has
17not been charged with another crime since the disposition of
18the non-violent charge, the court must expunge all law
19enforcement records and juvenile court records relating to the
20incident that was a non-violent crime.
21    (2) Any person may petition the court to expunge all law
22enforcement records relating to any incidents occurring before
23his or her 18th birthday which did not result in proceedings in
24criminal court and all juvenile court records with respect to
25any adjudications except those based upon first degree murder
26and sex offenses which would be felonies if committed by an

 

 

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1adult, if the person for whom expungement is sought has had no
2convictions for any crime since his or her 18th 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;
8whichever is later of (a) or (b). Nothing in this Section 5-915
9precludes a minor from obtaining expungement under Section
105-622.
11    (2.5) If a minor is arrested and no petition for
12delinquency is filed with the clerk of the circuit court as
13provided in paragraph (a) of subsection (1) at the time the
14minor is released from custody, the youth officer, if
15applicable, or other designated person from the arresting
16agency, shall notify verbally and in writing to the minor or
17the minor's parents or guardians that if the State's Attorney
18does not file a petition for delinquency, the minor has a right
19to petition to have his or her arrest record expunged when the
20minor attains the age of 18 or when all juvenile court
21proceedings relating to that minor have been terminated and
22that unless a petition to expunge is filed, the minor shall
23have an arrest record and shall provide the minor and the
24minor's parents or guardians with an expungement information
25packet, including a petition to expunge juvenile records
26obtained from the clerk of the circuit court.

 

 

HB4302- 7 -LRB099 13856 RLC 37833 b

1    (2.6) If a minor is charged with an offense and is found
2not delinquent of that offense; or if a minor is placed under
3supervision under Section 5-615, and the order of supervision
4is successfully terminated; or if a minor is adjudicated for an
5offense that would be a Class B misdemeanor, a Class C
6misdemeanor, or a business or petty offense if committed by an
7adult; or if a minor has incidents occurring before his or her
818th birthday that have not resulted in proceedings in criminal
9court, or resulted in proceedings in juvenile court, and the
10adjudications were not based upon first degree murder or sex
11offenses that would be felonies if committed by an adult; then
12at the time of sentencing or dismissal of the case, the judge
13shall inform the delinquent minor of his or her right to
14petition for expungement as provided by law, and the clerk of
15the circuit court shall provide an expungement information
16packet to the delinquent minor, written in plain language,
17including a petition for expungement, a sample of a completed
18petition, expungement instructions that shall include
19information informing the minor that (i) once the case is
20expunged, it shall be treated as if it never occurred, (ii) he
21or she may apply to have petition fees waived, (iii) once he or
22she obtains an expungement, he or she may not be required to
23disclose that he or she had a juvenile record, and (iv) he or
24she may file the petition on his or her own or with the
25assistance of an attorney. The failure of the judge to inform
26the delinquent minor of his or her right to petition for

 

 

HB4302- 8 -LRB099 13856 RLC 37833 b

1expungement as provided by law does not create a substantive
2right, nor is that failure grounds for: (i) a reversal of an
3adjudication of delinquency, (ii) a new trial; or (iii) an
4appeal.
5    (2.7) For counties with a population over 3,000,000, the
6clerk of the circuit court shall send a "Notification of a
7Possible Right to Expungement" post card to the minor at the
8address last received by the clerk of the circuit court on the
9date that the minor attains the age of 18 based on the
10birthdate provided to the court by the minor or his or her
11guardian in cases under paragraphs (b), (c), and (d) of
12subsection (1); and when the minor attains the age of 21 based
13on the birthdate provided to the court by the minor or his or
14her guardian in cases under subsection (2).
15    (2.8) The petition for expungement for subsection (1) may
16include multiple offenses on the same petition and shall be
17substantially in the following form:
18
IN THE CIRCUIT COURT OF ......, ILLINOIS
19
........ JUDICIAL CIRCUIT

 
20IN THE INTEREST OF )    NO.
21                   )
22                   )
23...................)
24(Name of Petitioner)
 

 

 

HB4302- 9 -LRB099 13856 RLC 37833 b

1
PETITION TO EXPUNGE JUVENILE RECORDS
2
(705 ILCS 405/5-915 (SUBSECTION 1))
3Now comes ............., petitioner, and respectfully requests
4that this Honorable Court enter an order expunging all juvenile
5law enforcement and court records of petitioner and in support
6thereof states that: Petitioner has attained the age of 18,
7his/her birth date being ......, or all Juvenile Court
8proceedings terminated as of ......, whichever occurred later.
9Petitioner was arrested on ..... by the ....... Police
10Department for the offense or offenses of ......., and:
11(Check All That Apply:)
12( ) a. no petition or petitions were filed with the Clerk of
13the Circuit Court.
14( ) b. was charged with ...... and was found not delinquent of
15the offense or offenses.
16( ) c. a petition or petitions were filed and the petition or
17petitions were dismissed without a finding of delinquency on
18.....
19( ) d. on ....... placed under supervision pursuant to Section
205-615 of the Juvenile Court Act of 1987 and such order of
21supervision successfully terminated on ........
22( ) e. was adjudicated for the offense or offenses, which would
23have been a Class B misdemeanor, a Class C misdemeanor, or a
24petty offense or business offense if committed by an adult.
25Petitioner .... has .... has not been arrested on charges in
26this or any county other than the charges listed above. If

 

 

HB4302- 10 -LRB099 13856 RLC 37833 b

1petitioner has been arrested on additional charges, please list
2the charges below:
3Charge(s): ......
4Arresting Agency or Agencies: ...........
5Disposition/Result: (choose from a. through e., above): .....
6WHEREFORE, the petitioner respectfully requests this Honorable
7Court to (1) order all law enforcement agencies to expunge all
8records of petitioner to this incident or incidents, and (2) to
9order the Clerk of the Court to expunge all records concerning
10the petitioner regarding this incident or incidents.
 
11
......................
12
Petitioner (Signature)

 
13
..........................
14
Petitioner's Street Address

 
15
.....................
16
City, State, Zip Code

 
17
.............................
18
Petitioner's Telephone Number

 
19Pursuant to the penalties of perjury under the Code of Civil
20Procedure, 735 ILCS 5/1-109, I hereby certify that the
21statements in this petition are true and correct, or on

 

 

HB4302- 11 -LRB099 13856 RLC 37833 b

1information and belief I believe the same to be true.
 
2
......................
3
Petitioner (Signature)
4The Petition for Expungement for subsection (2) shall be
5substantially in the following form:
 
6
IN THE CIRCUIT COURT OF ........, ILLINOIS
7
........ JUDICIAL CIRCUIT

 
8IN THE INTEREST OF )    NO.
9                   )
10                   )
11...................)
12(Name of Petitioner)
 
13
PETITION TO EXPUNGE JUVENILE RECORDS
14
(705 ILCS 405/5-915 (SUBSECTION 2))
15
(Please prepare a separate petition for each offense)
16Now comes ............, petitioner, and respectfully requests
17that this Honorable Court enter an order expunging all Juvenile
18Law Enforcement and Court records of petitioner and in support
19thereof states that:
20The incident for which the Petitioner seeks expungement
21occurred before the Petitioner's 18th birthday and did not
22result in proceedings in criminal court and the Petitioner has

 

 

HB4302- 12 -LRB099 13856 RLC 37833 b

1not had any convictions for any crime since his/her 18th
2birthday; and
3The incident for which the Petitioner seeks expungement
4occurred before the Petitioner's 18th birthday and the
5adjudication was not based upon first-degree murder or sex
6offenses which would be felonies if committed by an adult, and
7the Petitioner has not had any convictions for any crime since
8his/her 18th birthday.
9Petitioner was arrested on ...... by the ....... Police
10Department for the offense of ........, and:
11(Check whichever one occurred the latest:)
12( ) a. The Petitioner has attained the age of 21 years, his/her
13birthday being .......; or
14( ) b. 5 years have elapsed since all juvenile court
15proceedings relating to the Petitioner have been terminated; or
16the Petitioner's commitment to the Department of Juvenile
17Justice pursuant to the expungement of juvenile law enforcement
18and court records provisions of the Juvenile Court Act of 1987
19has been terminated. Petitioner ...has ...has not been arrested
20on charges in this or any other county other than the charge
21listed above. If petitioner has been arrested on additional
22charges, please list the charges below:
23Charge(s): ..........
24Arresting Agency or Agencies: .......
25Disposition/Result: (choose from a or b, above): ..........
26WHEREFORE, the petitioner respectfully requests this Honorable

 

 

HB4302- 13 -LRB099 13856 RLC 37833 b

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

 
7
......................
8
Petitioner's Street Address

 
9
.....................
10
City, State, Zip Code
11
.............................
12
Petitioner's Telephone Number

 
13Pursuant to the penalties of perjury under the Code of Civil
14Procedure, 735 ILCS 5/1-109, I hereby certify that the
15statements in this petition are true and correct, or on
16information and belief I believe the same to be true.
17
......................
18
Petitioner (Signature)
19    (3) The chief judge of the circuit in which an arrest was
20made or a charge was brought or any judge of that circuit
21designated by the chief judge may, upon verified petition of a
22person who is the subject of an arrest or a juvenile court

 

 

HB4302- 14 -LRB099 13856 RLC 37833 b

1proceeding under subsection (1) or (2) of this Section, order
2the law enforcement records or official court file, or both, to
3be expunged from the official records of the arresting
4authority, the clerk of the circuit court and the Department of
5State Police. The person whose records are to be expunged shall
6petition the court using the appropriate form containing his or
7her current address and shall promptly notify the clerk of the
8circuit court of any change of address. Notice of the petition
9shall be served upon the State's Attorney or prosecutor charged
10with the duty of prosecuting the offense, the Department of
11State Police, and the arresting agency or agencies by the clerk
12of the circuit court. If an objection is filed within 45 days
13of the notice of the petition, the clerk of the circuit court
14shall set a date for hearing after the 45 day objection period.
15At the hearing the court shall hear evidence on whether the
16expungement should or should not be granted. Unless the State's
17Attorney or prosecutor, the Department of State Police, or an
18arresting agency objects to the expungement within 45 days of
19the notice, the court may enter an order granting expungement.
20The person whose records are to be expunged shall pay the clerk
21of the circuit court a fee equivalent to the cost associated
22with expungement of records by the clerk and the Department of
23State Police. The clerk shall forward a certified copy of the
24order to the Department of State Police, the appropriate
25portion of the fee to the Department of State Police for
26processing, and deliver a certified copy of the order to the

 

 

HB4302- 15 -LRB099 13856 RLC 37833 b

1arresting agency.
2    (3.1) The Notice of Expungement shall be in substantially
3the following form:
4
IN THE CIRCUIT COURT OF ....., ILLINOIS
5
.... JUDICIAL CIRCUIT

 
6IN THE INTEREST OF )    NO.
7                   )
8                   )
9...................)
10(Name of Petitioner)
 
11
NOTICE
12TO:  State's Attorney
13TO:  Arresting Agency
14
15................
16................
17
18................
19................
20TO:  Illinois State Police
21
22.....................
23
24.....................

 

 

HB4302- 16 -LRB099 13856 RLC 37833 b

1ATTENTION: Expungement
2You are hereby notified that on ....., at ....., in courtroom
3..., located at ..., before the Honorable ..., Judge, or any
4judge sitting in his/her stead, I shall then and there present
5a Petition to Expunge Juvenile records in the above-entitled
6matter, at which time and place you may appear.
7
......................
8
Petitioner's Signature
9
...........................
10
Petitioner's Street Address
11
.....................
12
City, State, Zip Code
13
.............................
14
Petitioner's Telephone Number
15
PROOF OF SERVICE
16On the ....... day of ......, 20..., I on oath state that I
17served this notice and true and correct copies of the
18above-checked documents by:
19(Check One:)
20delivering copies personally to each entity to whom they are
21directed;
22or
23by mailing copies to each entity to whom they are directed by
24depositing the same in the U.S. Mail, proper postage fully
25prepaid, before the hour of 5:00 p.m., at the United States
26Postal Depository located at .................

 

 

HB4302- 17 -LRB099 13856 RLC 37833 b

1
.........................................
2
3Signature
4
Clerk of the Circuit Court or Deputy Clerk
5Printed Name of Delinquent Minor/Petitioner: ....
6Address: ........................................
7Telephone Number: ...............................
8    (3.2) The Order of Expungement shall be in substantially
9the following form:
10
IN THE CIRCUIT COURT OF ....., ILLINOIS
11
.... JUDICIAL CIRCUIT

 
12IN THE INTEREST OF )    NO.
13                   )
14                   )
15...................)
16(Name of Petitioner)
 
17DOB ................
18Arresting Agency/Agencies ......
19
ORDER OF EXPUNGEMENT
20
(705 ILCS 405/5-915 (SUBSECTION 3))
21This matter having been heard on the petitioner's motion and
22the court being fully advised in the premises does find that
23the petitioner is indigent or has presented reasonable cause to
24waive all costs in this matter, IT IS HEREBY ORDERED that:

 

 

HB4302- 18 -LRB099 13856 RLC 37833 b

1    ( ) 1. Clerk of Court and Department of State Police costs
2are hereby waived in this matter.
3    ( ) 2. The Illinois State Police Bureau of Identification
4and the following law enforcement agencies expunge all records
5of petitioner relating to an arrest dated ...... for the
6offense of ......
7
Law Enforcement Agencies:
8
.........................
9
.........................
10    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
11Court expunge all records regarding the above-captioned case.
12
ENTER: ......................
13
14JUDGE
15DATED: .......
16Name:
17Attorney for:
18Address: City/State/Zip:
19Attorney Number:
20    (3.3) The Notice of Objection shall be in substantially the
21following form:
22
IN THE CIRCUIT COURT OF ....., ILLINOIS
23
....................... JUDICIAL CIRCUIT

 
24IN THE INTEREST OF )    NO.
25                   )

 

 

HB4302- 19 -LRB099 13856 RLC 37833 b

1                   )
2...................)
3(Name of Petitioner)
 
4
NOTICE OF OBJECTION
5TO:(Attorney, Public Defender, Minor)
6.................................
7.................................
8TO:(Illinois State Police)
9.................................
10.................................
11TO:(Clerk of the Court)
12.................................
13.................................
14TO:(Judge)
15.................................
16.................................
17TO:(Arresting Agency/Agencies)
18.................................
19.................................
20ATTENTION: You are hereby notified that an objection has been
21filed by the following entity regarding the above-named minor's
22petition for expungement of juvenile records:
23( ) State's Attorney's Office;
24( ) Prosecutor (other than State's Attorney's Office) charged
25with the duty of prosecuting the offense sought to be expunged;

 

 

HB4302- 20 -LRB099 13856 RLC 37833 b

1( ) Department of Illinois State Police; or
2( ) Arresting Agency or Agencies.
3The agency checked above respectfully requests that this case
4be continued and set for hearing on whether the expungement
5should or should not be granted.
6DATED: .......
7Name:
8Attorney For:
9Address:
10City/State/Zip:
11Telephone:
12Attorney No.:
13
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
14This matter has been set for hearing on the foregoing
15objection, on ...... in room ...., located at ....., before the
16Honorable ....., Judge, or any judge sitting in his/her stead.
17(Only one hearing shall be set, regardless of the number of
18Notices of Objection received on the same case).
19A copy of this completed Notice of Objection containing the
20court date, time, and location, has been sent via regular U.S.
21Mail to the following entities. (If more than one Notice of
22Objection is received on the same case, each one must be
23completed with the court date, time and location and mailed to
24the following entities):
25( ) Attorney, Public Defender or Minor;
26( ) State's Attorney's Office;

 

 

HB4302- 21 -LRB099 13856 RLC 37833 b

1( ) Prosecutor (other than State's Attorney's Office) charged
2with the duty of prosecuting the offense sought to be expunged;
3( ) Department of Illinois State Police; and
4( ) Arresting agency or agencies.
5Date: ......
6Initials of Clerk completing this section: .....
7    (4) Upon entry of an order expunging records or files, the
8offense, which the records or files concern shall be treated as
9if it never occurred. Law enforcement officers and other public
10offices and agencies shall properly reply on inquiry that no
11record or file exists with respect to the person.
12    (5) Records which have not been expunged are sealed, and
13may be obtained only under the provisions of Sections 5-901,
145-905 and 5-915.
15    (6) Nothing in this Section shall be construed to prohibit
16the maintenance of information relating to an offense after
17records or files concerning the offense have been expunged if
18the information is kept in a manner that does not enable
19identification of the offender. This information may only be
20used for statistical and bona fide research purposes.
21    (6.5) The Department of State Police or any employee of the
22Department shall be immune from civil or criminal liability for
23failure to expunge any records of arrest that are subject to
24expungement under subsection (1.5) or (1.6) of this Section
25because of inability to verify a record. Nothing in subsection
26(1.5) or (1.6) of this Section shall create Department of State

 

 

HB4302- 22 -LRB099 13856 RLC 37833 b

1Police liability or responsibility for the expungement of law
2enforcement records it does not possess.
3    (7)(a) The State Appellate Defender shall establish,
4maintain, and carry out, by December 31, 2004, a juvenile
5expungement program to provide information and assistance to
6minors eligible to have their juvenile records expunged.
7    (b) The State Appellate Defender shall develop brochures,
8pamphlets, and other materials in printed form and through the
9agency's World Wide Web site. The pamphlets and other materials
10shall include at a minimum the following information:
11        (i) An explanation of the State's juvenile expungement
12    process;
13        (ii) The circumstances under which juvenile
14    expungement may occur;
15        (iii) The juvenile offenses that may be expunged;
16        (iv) The steps necessary to initiate and complete the
17    juvenile expungement process; and
18        (v) Directions on how to contact the State Appellate
19    Defender.
20    (c) The State Appellate Defender shall establish and
21maintain a statewide toll-free telephone number that a person
22may use to receive information or assistance concerning the
23expungement of juvenile records. The State Appellate Defender
24shall advertise the toll-free telephone number statewide. The
25State Appellate Defender shall develop an expungement
26information packet that may be sent to eligible persons seeking

 

 

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1expungement of their juvenile records, which may include, but
2is not limited to, a pre-printed expungement petition with
3instructions on how to complete the petition and a pamphlet
4containing information that would assist individuals through
5the juvenile expungement process.
6    (d) The State Appellate Defender shall compile a statewide
7list of volunteer attorneys willing to assist eligible
8individuals through the juvenile expungement process.
9    (e) This Section shall be implemented from funds
10appropriated by the General Assembly to the State Appellate
11Defender for this purpose. The State Appellate Defender shall
12employ the necessary staff and adopt the necessary rules for
13implementation of this Section.
14    (8)(a) Except with respect to law enforcement agencies, the
15Department of Corrections, State's Attorneys, or other
16prosecutors, an expunged juvenile record may not be considered
17by any private or public entity in employment matters,
18certification, licensing, revocation of certification or
19licensure, or registration. Applications for employment must
20contain specific language that states that the applicant is not
21obligated to disclose expunged juvenile records of conviction
22or arrest. Employers may not ask if an applicant has had a
23juvenile record expunged. Effective January 1, 2005, the
24Department of Labor shall develop a link on the Department's
25website to inform employers that employers may not ask if an
26applicant had a juvenile record expunged and that application

 

 

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1for employment must contain specific language that states that
2the applicant is not obligated to disclose expunged juvenile
3records of arrest or conviction.
4    (b) A person whose juvenile records have been expunged is
5not entitled to remission of any fines, costs, or other money
6paid as a consequence of expungement. This amendatory Act of
7the 93rd General Assembly does not affect the right of the
8victim of a crime to prosecute or defend a civil action for
9damages.
10    (c) The expungement of juvenile records under Section 5-622
11shall be funded by the additional fine imposed under Section
125-9-1.17 of the Unified Code of Corrections and additional
13appropriations made by the General Assembly for such purpose.
14    (9) The changes made to this Section by Public Act 98-61
15apply to law enforcement records of a minor who has been
16arrested or taken into custody on or after January 1, 2014 (the
17effective date of Public Act 98-61).
18    (10) The changes made in subsection (1.5) of this Section
19by this amendatory Act of the 98th General Assembly apply to
20law enforcement records of a minor who has been arrested or
21taken into custody on or after January 1, 2015. The changes
22made in subsection (1.6) of this Section by this amendatory Act
23of the 98th General Assembly apply to law enforcement records
24of a minor who has been arrested or taken into custody before
25January 1, 2015.
26(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,

 

 

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1eff. 7-16-14.)