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1 | AN ACT concerning juvenile law.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | |||||||||||||||||||
5 | changing Section 5-915 as follows:
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6 | (705 ILCS 405/5-915)
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7 | Sec. 5-915. Expungement of juvenile law enforcement and | |||||||||||||||||||
8 | juvenile court records.
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9 | (0.05) (Blank). | |||||||||||||||||||
10 | (0.1) (a) The Illinois State Police and all law | |||||||||||||||||||
11 | enforcement agencies within the State shall automatically | |||||||||||||||||||
12 | expunge, on or before January 1 of each year, except as | |||||||||||||||||||
13 | described in paragraph (c) of subsection (0.1), all juvenile | |||||||||||||||||||
14 | law enforcement records relating to events occurring before an | |||||||||||||||||||
15 | individual's 18th birthday if: | |||||||||||||||||||
16 | (1) one year or more has elapsed since the date of the | |||||||||||||||||||
17 | arrest or law enforcement interaction documented in the | |||||||||||||||||||
18 | records; | |||||||||||||||||||
19 | (2) no petition for delinquency or criminal charges | |||||||||||||||||||
20 | were filed with the clerk of the circuit court relating to | |||||||||||||||||||
21 | the arrest or law enforcement interaction documented in | |||||||||||||||||||
22 | the records; and | |||||||||||||||||||
23 | (3) 6 months have elapsed since the date of the arrest |
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1 | without an additional subsequent arrest or filing of a | ||||||
2 | petition for delinquency or criminal charges whether | ||||||
3 | related or not to the arrest or law enforcement | ||||||
4 | interaction documented in the records. | ||||||
5 | (b) If the law enforcement agency is unable to verify | ||||||
6 | satisfaction of conditions (2) and (3) of this subsection | ||||||
7 | (0.1), records that satisfy condition (1) of this subsection | ||||||
8 | (0.1) shall be automatically expunged if the records relate to | ||||||
9 | an offense that if committed by an adult would not be an | ||||||
10 | offense classified as a Class 2 felony or higher, an offense | ||||||
11 | under Article 11 of the Criminal Code of 1961 or Criminal Code | ||||||
12 | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||||||
13 | 12-15, or 12-16 of the Criminal Code of 1961. | ||||||
14 | (c) If the juvenile law enforcement record was received | ||||||
15 | through a public submission to a statewide student | ||||||
16 | confidential reporting system administered by the Illinois | ||||||
17 | State Police, the record will be maintained for a period of 5 | ||||||
18 | years according to all other provisions in subsection (0.1). | ||||||
19 | (0.15) If a juvenile law enforcement record meets | ||||||
20 | paragraph (a) of subsection (0.1) of this Section, a juvenile | ||||||
21 | law enforcement record created: | ||||||
22 | (1) prior to January 1, 2018, but on or after January | ||||||
23 | 1, 2013 shall be automatically expunged prior to January | ||||||
24 | 1, 2020; | ||||||
25 | (2) prior to January 1, 2013, but on or after January | ||||||
26 | 1, 2000, shall be automatically expunged prior to January |
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1 | 1, 2023; and | ||||||
2 | (3) prior to January 1, 2000 shall not be subject to | ||||||
3 | the automatic expungement provisions of this Act. | ||||||
4 | Nothing in this subsection (0.15) shall be construed to | ||||||
5 | restrict or modify an individual's right to have his or her | ||||||
6 | juvenile law enforcement records expunged except as otherwise | ||||||
7 | may be provided in this Act. | ||||||
8 | (0.2) (a) Upon dismissal of a petition alleging | ||||||
9 | delinquency or upon a finding of not delinquent, the | ||||||
10 | successful termination of an order of supervision, or the | ||||||
11 | successful termination of an adjudication for an offense which | ||||||
12 | would be a Class B misdemeanor, Class C misdemeanor, or a petty | ||||||
13 | or business offense if committed by an adult, the court shall | ||||||
14 | automatically order the expungement of the juvenile court | ||||||
15 | records and juvenile law enforcement records. The clerk shall | ||||||
16 | deliver a certified copy of the expungement order to the | ||||||
17 | Illinois State Police and the arresting agency. Upon request, | ||||||
18 | the State's Attorney shall furnish the name of the arresting | ||||||
19 | agency. The expungement shall be completed within 60 business | ||||||
20 | days after the receipt of the expungement order. | ||||||
21 | (b) If the chief law enforcement officer of the agency, or | ||||||
22 | his or her designee, certifies in writing that certain | ||||||
23 | information is needed for a pending investigation involving | ||||||
24 | the commission of a felony, that information, and information | ||||||
25 | identifying the juvenile, may be retained until the statute of | ||||||
26 | limitations for the felony has run. If the chief law |
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1 | enforcement officer of the agency, or his or her designee, | ||||||
2 | certifies in writing that certain information is needed with | ||||||
3 | respect to an internal investigation of any law enforcement | ||||||
4 | office, that information and information identifying the | ||||||
5 | juvenile may be retained within an intelligence file until the | ||||||
6 | investigation is terminated or the disciplinary action, | ||||||
7 | including appeals, has been completed, whichever is later. | ||||||
8 | Retention of a portion of a juvenile's law enforcement record | ||||||
9 | does not disqualify the remainder of his or her record from | ||||||
10 | immediate automatic expungement. | ||||||
11 | (0.3) (a) Upon an adjudication of delinquency based on any | ||||||
12 | offense except a disqualified offense or an attempt to commit | ||||||
13 | a disqualified offense , the juvenile court shall automatically | ||||||
14 | order the expungement of the juvenile court and law | ||||||
15 | enforcement records 2 years after the juvenile's case was | ||||||
16 | closed if no delinquency or criminal proceeding is pending and | ||||||
17 | the person has had no subsequent delinquency adjudication or | ||||||
18 | criminal conviction. The clerk shall deliver a certified copy | ||||||
19 | of the expungement order to the Illinois State Police and the | ||||||
20 | arresting agency. Upon request, the State's Attorney shall | ||||||
21 | furnish the name of the arresting agency. The expungement | ||||||
22 | shall be completed within 60 business days after the receipt | ||||||
23 | of the expungement order. In this subsection (0.3), | ||||||
24 | "disqualified offense" means any of the following offenses: | ||||||
25 | Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, | ||||||
26 | 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, |
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1 | 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, | ||||||
2 | 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, 12-20.5, | ||||||
3 | 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, 18-6, | ||||||
4 | 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-3A, | ||||||
5 | 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a, | ||||||
6 | 32-4a, or 33A-2 of the Criminal Code of 2012, or subsection (b) | ||||||
7 | of Section 8-1, paragraph (4) of subsection (a) of Section | ||||||
8 | 11-14.4, subsection (a-5) of Section 12-3.1, paragraph (1), | ||||||
9 | (2), or (3) of subsection (a) of Section 12-6, subsection | ||||||
10 | (a-3) or (a-5) of Section 12-7.3, paragraph (1) or (2) of | ||||||
11 | subsection (a) of Section 12-7.4, subparagraph (i) of | ||||||
12 | paragraph (1) of subsection (a) of Section 12-9, subparagraph | ||||||
13 | (H) of paragraph (3) of subsection (a) of Section 24-1.6, | ||||||
14 | paragraph (1) of subsection (a) of Section 25-1, or subsection | ||||||
15 | (a-7) of Section 31-1 of the Criminal Code of 2012. | ||||||
16 | (b) If the chief law enforcement officer of the agency, or | ||||||
17 | his or her designee, certifies in writing that certain | ||||||
18 | information is needed for a pending investigation involving | ||||||
19 | the commission of a felony, that information, and information | ||||||
20 | identifying the juvenile, may be retained in an intelligence | ||||||
21 | file until the investigation is terminated or for one | ||||||
22 | additional year, whichever is sooner. Retention of a portion | ||||||
23 | of a juvenile's juvenile law enforcement record does not | ||||||
24 | disqualify the remainder of his or her record from immediate | ||||||
25 | automatic expungement. | ||||||
26 | (0.4) Automatic expungement for the purposes of this |
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1 | Section shall not require law enforcement agencies to | ||||||
2 | obliterate or otherwise destroy juvenile law enforcement | ||||||
3 | records that would otherwise need to be automatically expunged | ||||||
4 | under this Act, except after 2 years following the subject | ||||||
5 | arrest for purposes of use in civil litigation against a | ||||||
6 | governmental entity or its law enforcement agency or personnel | ||||||
7 | which created, maintained, or used the records. However, these | ||||||
8 | juvenile law enforcement records shall be considered expunged | ||||||
9 | for all other purposes during this period and the offense, | ||||||
10 | which the records or files concern, shall be treated as if it | ||||||
11 | never occurred as required under Section 5-923. | ||||||
12 | (0.5) Subsection (0.1) or (0.2) of this Section does not | ||||||
13 | apply to violations of traffic, boating, fish and game laws, | ||||||
14 | or county or municipal ordinances. | ||||||
15 | (0.6) Juvenile law enforcement records of a plaintiff who | ||||||
16 | has filed civil litigation against the governmental entity or | ||||||
17 | its law enforcement agency or personnel that created, | ||||||
18 | maintained, or used the records, or juvenile law enforcement | ||||||
19 | records that contain information related to the allegations | ||||||
20 | set forth in the civil litigation may not be expunged until | ||||||
21 | after 2 years have elapsed after the conclusion of the | ||||||
22 | lawsuit, including any appeal. | ||||||
23 | (0.7) Officer-worn body camera recordings shall not be | ||||||
24 | automatically expunged except as otherwise authorized by the | ||||||
25 | Law Enforcement Officer-Worn Body Camera Act. | ||||||
26 | (1) Whenever a person has been arrested, charged, or |
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1 | adjudicated delinquent for an incident occurring before his or | ||||||
2 | her 18th birthday that if committed by an adult would be an | ||||||
3 | offense, and that person's juvenile law enforcement and | ||||||
4 | juvenile court records are not eligible for automatic | ||||||
5 | expungement under subsection (0.1), (0.2), or (0.3), the
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6 | person may petition the court at any time for expungement of | ||||||
7 | juvenile law
enforcement records and juvenile court records | ||||||
8 | relating to the incident and, upon termination of all juvenile
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9 | court proceedings relating to that incident, the court shall | ||||||
10 | order the expungement of all records in the possession of the | ||||||
11 | Illinois State Police, the clerk of the circuit court, and law | ||||||
12 | enforcement agencies relating to the incident, but only in any | ||||||
13 | of the following circumstances:
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14 | (a) the minor was arrested and no petition for | ||||||
15 | delinquency was filed with
the clerk of the circuit court; | ||||||
16 | (a-5) the minor was charged with an offense and the | ||||||
17 | petition or petitions were dismissed without a finding of | ||||||
18 | delinquency;
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19 | (b) the minor was charged with an offense and was | ||||||
20 | found not delinquent of
that offense;
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21 | (c) the minor was placed under supervision under | ||||||
22 | Section 5-615, and
the order of
supervision has since been | ||||||
23 | successfully terminated; or
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24 | (d)
the minor was adjudicated for an offense which | ||||||
25 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
26 | petty or business offense if committed by an adult.
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1 | (1.5) The Illinois State Police shall allow a person to | ||||||
2 | use the Access and Review process, established in the Illinois | ||||||
3 | State Police, for verifying that his or her juvenile law | ||||||
4 | enforcement records relating to incidents occurring before his | ||||||
5 | or her 18th birthday eligible under this Act have been | ||||||
6 | expunged. | ||||||
7 | (1.6) (Blank). | ||||||
8 | (1.7) (Blank). | ||||||
9 | (1.8) (Blank). | ||||||
10 | (2) Any person whose delinquency adjudications are not | ||||||
11 | eligible for automatic expungement under subsection (0.3) of | ||||||
12 | this Section may petition the court to expunge all juvenile | ||||||
13 | law enforcement records
relating to any
incidents occurring | ||||||
14 | before his or her 18th birthday which did not result in
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15 | proceedings in criminal court and all juvenile court records | ||||||
16 | with respect to
any adjudications except those based upon | ||||||
17 | first degree
murder or an offense under Article 11 of the | ||||||
18 | Criminal Code of 2012 if the person is required to register | ||||||
19 | under the Sex Offender Registration Act at the time he or she | ||||||
20 | petitions the court for expungement; provided that 2 years | ||||||
21 | have elapsed since all juvenile court proceedings relating to
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22 | him or her have been terminated and his or her commitment to | ||||||
23 | the Department of
Juvenile Justice
under this Act has been | ||||||
24 | terminated.
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25 | (2.5) If a minor is arrested and no petition for | ||||||
26 | delinquency is filed with the clerk of the circuit court at the |
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1 | time the minor is released from custody, the youth officer, if | ||||||
2 | applicable, or other designated person from the arresting | ||||||
3 | agency, shall notify verbally and in writing to the minor or | ||||||
4 | the minor's parents or guardians that the minor shall have an | ||||||
5 | arrest record and shall provide the minor and the minor's | ||||||
6 | parents or guardians with an expungement information packet, | ||||||
7 | information regarding this State's expungement laws including | ||||||
8 | a petition to expunge juvenile law enforcement and juvenile | ||||||
9 | court records obtained from the clerk of the circuit court. | ||||||
10 | (2.6) If a minor is referred to court, then, at the time of | ||||||
11 | sentencing, dismissal of the case, or successful completion of | ||||||
12 | supervision, the judge shall inform the delinquent minor of | ||||||
13 | his or her rights regarding expungement and the clerk of the | ||||||
14 | circuit court shall provide an expungement information packet | ||||||
15 | to the minor, written in plain language, including information | ||||||
16 | regarding this State's expungement laws and a petition for | ||||||
17 | expungement, a sample of a completed petition, expungement | ||||||
18 | instructions that shall include information informing the | ||||||
19 | minor that (i) once the case is expunged, it shall be treated | ||||||
20 | as if it never occurred, (ii) he or she may apply to have | ||||||
21 | petition fees waived, (iii) once he or she obtains an | ||||||
22 | expungement, he or she may not be required to disclose that he | ||||||
23 | or she had a juvenile law enforcement or juvenile court | ||||||
24 | record, and (iv) if petitioning he or she may file the petition | ||||||
25 | on his or her own or with the assistance of an attorney. The | ||||||
26 | failure of the judge to inform the delinquent minor of his or |
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1 | her right to petition for expungement as provided by law does | ||||||
2 | not create a substantive right, nor is that failure grounds | ||||||
3 | for: (i) a reversal of an adjudication of delinquency; (ii) a | ||||||
4 | new trial; or (iii) an appeal. | ||||||
5 | (2.7) (Blank). | ||||||
6 | (2.8) (Blank). | ||||||
7 | (3) (Blank).
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8 | (3.1) (Blank).
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9 | (3.2) (Blank). | ||||||
10 | (3.3) (Blank).
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11 | (4) (Blank).
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12 | (5) (Blank).
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13 | (5.5) Whether or not expunged, records eligible for | ||||||
14 | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||||||
15 | (0.3)(a) may be treated as expunged by the individual subject | ||||||
16 | to the records. | ||||||
17 | (6) (Blank). | ||||||
18 | (6.5) The Illinois State Police or any employee of the | ||||||
19 | Illinois State Police shall be immune from civil or criminal | ||||||
20 | liability for failure to expunge any records of arrest that | ||||||
21 | are subject to expungement under this Section because of | ||||||
22 | inability to verify a record. Nothing in this Section shall | ||||||
23 | create Illinois State Police liability or responsibility for | ||||||
24 | the expungement of juvenile law enforcement records it does | ||||||
25 | not possess. | ||||||
26 | (7) (Blank).
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1 | (7.5) (Blank). | ||||||
2 | (8) The expungement of juvenile law enforcement or | ||||||
3 | juvenile court records under subsection (0.1), (0.2), or (0.3) | ||||||
4 | of this Section shall be funded by appropriation by the | ||||||
5 | General Assembly for that purpose. | ||||||
6 | (9) (Blank). | ||||||
7 | (10) (Blank). | ||||||
8 | (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||||||
9 | 102-752, eff. 1-1-23; revised 8-23-22.)
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