Illinois General Assembly - Full Text of SB1970
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Full Text of SB1970  103rd General Assembly




State of Illinois
2023 and 2024


Introduced 2/9/2023, by Sen. Steve McClure


705 ILCS 405/5-915

    Amends the Juvenile Court Act of 1987. Precludes the court from ordering the automatic expungement of the juvenile court and law enforcement records of a delinquent minor based on an attempt to commit a disqualified offense.

LRB103 27663 RLC 54040 b





SB1970LRB103 27663 RLC 54040 b

1    AN ACT concerning juvenile law.
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
8juvenile court records.
9    (0.05) (Blank).
10    (0.1) (a) The Illinois State Police and all law
11enforcement agencies within the State shall automatically
12expunge, on or before January 1 of each year, except as
13described in paragraph (c) of subsection (0.1), all juvenile
14law enforcement records relating to events occurring before an
15individual'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



SB1970- 2 -LRB103 27663 RLC 54040 b

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
6satisfaction 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
9an offense that if committed by an adult would not be an
10offense classified as a Class 2 felony or higher, an offense
11under Article 11 of the Criminal Code of 1961 or Criminal Code
12of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1312-15, or 12-16 of the Criminal Code of 1961.
14    (c) If the juvenile law enforcement record was received
15through a public submission to a statewide student
16confidential reporting system administered by the Illinois
17State Police, the record will be maintained for a period of 5
18years according to all other provisions in subsection (0.1).
19    (0.15) If a juvenile law enforcement record meets
20paragraph (a) of subsection (0.1) of this Section, a juvenile
21law 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
5restrict or modify an individual's right to have his or her
6juvenile law enforcement records expunged except as otherwise
7may be provided in this Act.
8    (0.2) (a) Upon dismissal of a petition alleging
9delinquency or upon a finding of not delinquent, the
10successful termination of an order of supervision, or the
11successful termination of an adjudication for an offense which
12would be a Class B misdemeanor, Class C misdemeanor, or a petty
13or business offense if committed by an adult, the court shall
14automatically order the expungement of the juvenile court
15records and juvenile law enforcement records. The clerk shall
16deliver a certified copy of the expungement order to the
17Illinois State Police and the arresting agency. Upon request,
18the State's Attorney shall furnish the name of the arresting
19agency. The expungement shall be completed within 60 business
20days after the receipt of the expungement order.
21    (b) If the chief law enforcement officer of the agency, or
22his or her designee, certifies in writing that certain
23information is needed for a pending investigation involving
24the commission of a felony, that information, and information
25identifying the juvenile, may be retained until the statute of
26limitations for the felony has run. If the chief law



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1enforcement officer of the agency, or his or her designee,
2certifies in writing that certain information is needed with
3respect to an internal investigation of any law enforcement
4office, that information and information identifying the
5juvenile may be retained within an intelligence file until the
6investigation is terminated or the disciplinary action,
7including appeals, has been completed, whichever is later.
8Retention of a portion of a juvenile's law enforcement record
9does not disqualify the remainder of his or her record from
10immediate automatic expungement.
11    (0.3) (a) Upon an adjudication of delinquency based on any
12offense except a disqualified offense or an attempt to commit
13a disqualified offense, the juvenile court shall automatically
14order the expungement of the juvenile court and law
15enforcement records 2 years after the juvenile's case was
16closed if no delinquency or criminal proceeding is pending and
17the person has had no subsequent delinquency adjudication or
18criminal conviction. The clerk shall deliver a certified copy
19of the expungement order to the Illinois State Police and the
20arresting agency. Upon request, the State's Attorney shall
21furnish the name of the arresting agency. The expungement
22shall be completed within 60 business days after the receipt
23of the expungement order. In this subsection (0.3),
24"disqualified offense" means any of the following offenses:
25Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2,
2610-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40,



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111-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3,
212-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, 12-20.5,
312-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, 18-6,
419-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-3A,
524-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a,
632-4a, or 33A-2 of the Criminal Code of 2012, or subsection (b)
7of Section 8-1, paragraph (4) of subsection (a) of Section
811-14.4, 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
11subsection (a) of Section 12-7.4, subparagraph (i) of
12paragraph (1) of subsection (a) of Section 12-9, subparagraph
13(H) of paragraph (3) of subsection (a) of Section 24-1.6,
14paragraph (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
17his or her designee, certifies in writing that certain
18information is needed for a pending investigation involving
19the commission of a felony, that information, and information
20identifying the juvenile, may be retained in an intelligence
21file until the investigation is terminated or for one
22additional year, whichever is sooner. Retention of a portion
23of a juvenile's juvenile law enforcement record does not
24disqualify the remainder of his or her record from immediate
25automatic expungement.
26    (0.4) Automatic expungement for the purposes of this



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1Section shall not require law enforcement agencies to
2obliterate or otherwise destroy juvenile law enforcement
3records that would otherwise need to be automatically expunged
4under this Act, except after 2 years following the subject
5arrest for purposes of use in civil litigation against a
6governmental entity or its law enforcement agency or personnel
7which created, maintained, or used the records. However, these
8juvenile law enforcement records shall be considered expunged
9for all other purposes during this period and the offense,
10which the records or files concern, shall be treated as if it
11never occurred as required under Section 5-923.
12    (0.5) Subsection (0.1) or (0.2) of this Section does not
13apply to violations of traffic, boating, fish and game laws,
14or county or municipal ordinances.
15    (0.6) Juvenile law enforcement records of a plaintiff who
16has filed civil litigation against the governmental entity or
17its law enforcement agency or personnel that created,
18maintained, or used the records, or juvenile law enforcement
19records that contain information related to the allegations
20set forth in the civil litigation may not be expunged until
21after 2 years have elapsed after the conclusion of the
22lawsuit, including any appeal.
23    (0.7) Officer-worn body camera recordings shall not be
24automatically expunged except as otherwise authorized by the
25Law Enforcement Officer-Worn Body Camera Act.
26    (1) Whenever a person has been arrested, charged, or



SB1970- 7 -LRB103 27663 RLC 54040 b

1adjudicated delinquent for an incident occurring before his or
2her 18th birthday that if committed by an adult would be an
3offense, and that person's juvenile law enforcement and
4juvenile court records are not eligible for automatic
5expungement under subsection (0.1), (0.2), or (0.3), the
6person may petition the court at any time for expungement of
7juvenile law enforcement records and juvenile court records
8relating to the incident and, upon termination of all juvenile
9court proceedings relating to that incident, the court shall
10order the expungement of all records in the possession of the
11Illinois State Police, the clerk of the circuit court, and law
12enforcement agencies relating to the incident, but only in any
13of the following circumstances:
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;
19        (b) the minor was charged with an offense and was
20    found not delinquent of that offense;
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
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
2use the Access and Review process, established in the Illinois
3State Police, for verifying that his or her juvenile law
4enforcement records relating to incidents occurring before his
5or her 18th birthday eligible under this Act have been
7    (1.6) (Blank).
8    (1.7) (Blank).
9    (1.8) (Blank).
10    (2) Any person whose delinquency adjudications are not
11eligible for automatic expungement under subsection (0.3) of
12this Section may petition the court to expunge all juvenile
13law enforcement records relating to any incidents occurring
14before his or her 18th birthday which did not result in
15proceedings in criminal court and all juvenile court records
16with respect to any adjudications except those based upon
17first degree murder or an offense under Article 11 of the
18Criminal Code of 2012 if the person is required to register
19under the Sex Offender Registration Act at the time he or she
20petitions the court for expungement; provided that 2 years
21have elapsed since all juvenile court proceedings relating to
22him or her have been terminated and his or her commitment to
23the Department of Juvenile Justice under this Act has been
25    (2.5) If a minor is arrested and no petition for
26delinquency is filed with the clerk of the circuit court at the



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1time the minor is released from custody, the youth officer, if
2applicable, or other designated person from the arresting
3agency, shall notify verbally and in writing to the minor or
4the minor's parents or guardians that the minor shall have an
5arrest record and shall provide the minor and the minor's
6parents or guardians with an expungement information packet,
7information regarding this State's expungement laws including
8a petition to expunge juvenile law enforcement and juvenile
9court records obtained from the clerk of the circuit court.
10    (2.6) If a minor is referred to court, then, at the time of
11sentencing, dismissal of the case, or successful completion of
12supervision, the judge shall inform the delinquent minor of
13his or her rights regarding expungement and the clerk of the
14circuit court shall provide an expungement information packet
15to the minor, written in plain language, including information
16regarding this State's expungement laws and a petition for
17expungement, a sample of a completed petition, expungement
18instructions that shall include information informing the
19minor that (i) once the case is expunged, it shall be treated
20as if it never occurred, (ii) he or she may apply to have
21petition fees waived, (iii) once he or she obtains an
22expungement, he or she may not be required to disclose that he
23or she had a juvenile law enforcement or juvenile court
24record, and (iv) if petitioning he or she may file the petition
25on his or her own or with the assistance of an attorney. The
26failure of the judge to inform the delinquent minor of his or



SB1970- 10 -LRB103 27663 RLC 54040 b

1her right to petition for expungement as provided by law does
2not create a substantive right, nor is that failure grounds
3for: (i) a reversal of an adjudication of delinquency; (ii) a
4new trial; or (iii) an appeal.
5    (2.7) (Blank).
6    (2.8) (Blank).
7    (3) (Blank).
8    (3.1) (Blank).
9    (3.2) (Blank).
10    (3.3) (Blank).
11    (4) (Blank).
12    (5) (Blank).
13    (5.5) Whether or not expunged, records eligible for
14automatic expungement under subdivision (0.1)(a), (0.2)(a), or
15(0.3)(a) may be treated as expunged by the individual subject
16to the records.
17    (6) (Blank).
18    (6.5) The Illinois State Police or any employee of the
19Illinois State Police shall be immune from civil or criminal
20liability for failure to expunge any records of arrest that
21are subject to expungement under this Section because of
22inability to verify a record. Nothing in this Section shall
23create Illinois State Police liability or responsibility for
24the expungement of juvenile law enforcement records it does
25not possess.
26    (7) (Blank).



SB1970- 11 -LRB103 27663 RLC 54040 b

1    (7.5) (Blank).
2    (8) The expungement of juvenile law enforcement or
3juvenile court records under subsection (0.1), (0.2), or (0.3)
4of this Section shall be funded by appropriation by the
5General 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;
9102-752, eff. 1-1-23; revised 8-23-22.)