Full Text of SB2777 97th General Assembly
SB2777sam001 97TH GENERAL ASSEMBLY | Sen. Kwame Raoul Filed: 3/26/2012
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| 1 | | AMENDMENT TO SENATE BILL 2777
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2777 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-915 as follows:
| 6 | | (705 ILCS 405/5-915)
| 7 | | Sec. 5-915. Expungement of juvenile law enforcement and | 8 | | court 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 |
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| 1 | | records of arrest, station adjustments, fingerprints, | 2 | | probation adjustments, the issuance of a notice to appear, | 3 | | or any other records maintained by a law enforcement agency | 4 | | relating to a minor suspected of committing an offense. | 5 | | (0.06) Expungement proceedings shall be initiated by the | 6 | | filing of a petition requesting an order of expungement, in | 7 | | juvenile court. No filing fee shall be required. | 8 | | (0.07) There shall be no waiting period to petition for the | 9 | | expungement of law enforcement or juvenile court records | 10 | | relating to incidents occurring before a person's 18th birthday | 11 | | in the following circumstances: | 12 | | (a) the minor was arrested and no petition for | 13 | | delinquency was filed with the clerk of the circuit court; | 14 | | or | 15 | | (b) the minor was charged with an offense and was found | 16 | | not delinquent of that offense. | 17 | | The notice and objection provisions found in subsection (3) | 18 | | shall apply to a petition filed under this subsection (0.07). | 19 | | If an objection is filed, the court may hear evidence as to | 20 | | whether or not expungement shall be granted. | 21 | | No more than 3 offenses may be expunged under this | 22 | | subsection (0.07). | 23 | | (1) Notwithstanding any other provision of law, whenever | 24 | | Whenever any person has attained the age of 18 17 or whenever | 25 | | all juvenile
court proceedings relating to that person have | 26 | | been terminated, whichever is
later, the person may petition |
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| 1 | | the court to expunge law enforcement records
relating to | 2 | | incidents occurring before his or her 18th 17th birthday or his | 3 | | or her
juvenile court
records, or both, but only in the | 4 | | following circumstances:
| 5 | | (a) the minor was arrested and no petition for | 6 | | delinquency or criminal charge was filed with
the clerk of | 7 | | the circuit court; or
| 8 | | (b) the minor was charged with an offense in juvenile | 9 | | court and was found not delinquent of
that offense; or
| 10 | | (c) the minor was placed under supervision pursuant to | 11 | | Section 5-615, and
the order of
supervision has since been | 12 | | successfully terminated; or
| 13 | | (d)
the minor was adjudicated for an offense which | 14 | | would be a Class B
misdemeanor, Class C misdemeanor, or a | 15 | | petty or business offense if committed by an adult.
| 16 | | (2) Any person may petition the court to expunge all law | 17 | | enforcement records
relating to any
incidents occurring before | 18 | | his or her 18th 17th birthday which did not result in
| 19 | | proceedings in criminal court and all juvenile court records | 20 | | with respect to
any adjudications except those based upon first | 21 | | degree
murder and
sex offenses which would be felonies if | 22 | | committed by an adult, if the person
for whom expungement is | 23 | | sought has had no
convictions for any crime since his or her | 24 | | 18th 17th birthday and:
| 25 | | (a) has attained the age of 21 years; or
| 26 | | (b) 5 years have elapsed since all juvenile court |
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| 1 | | proceedings relating to
him or her have been terminated or | 2 | | his or her commitment to the Department of
Juvenile Justice
| 3 | | pursuant to this Act has been terminated;
| 4 | | whichever is later of (a) or (b). Nothing in this Section 5-915 | 5 | | precludes a minor from obtaining expungement under Section | 6 | | 5-622. | 7 | | (2.5) If a minor is arrested and no petition for | 8 | | delinquency is filed with the clerk of the circuit court as | 9 | | provided in paragraph (a) of subsection (1) at the time the | 10 | | minor is released from custody, the youth officer, if | 11 | | applicable, or other designated person from the arresting | 12 | | agency, shall notify verbally and in writing to the minor or | 13 | | the minor's parents or guardians that if the State's Attorney | 14 | | does not file a petition for delinquency or criminal charge (i) | 15 | | , the minor has a right under subsection (0.07) to petition at | 16 | | any time to have his or her law enforcement arrest record | 17 | | expunged , (ii) if the minor does not petition to have his or | 18 | | her law enforcement record expunged under subsection (0.07), | 19 | | the minor has a right, when the minor attains the age of 18 17 | 20 | | or when all juvenile court proceedings relating to that minor | 21 | | have been terminated , to petition to have his or her record | 22 | | expunged under subsection (1), and (iii) that unless a petition | 23 | | to expunge is filed, the minor will shall have a law | 24 | | enforcement an arrest record . The youth officer, if applicable, | 25 | | or other designated person from the arresting agency and shall | 26 | | provide the minor and the minor's parents or guardians with an |
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| 1 | | expungement information packet, written in plain language, | 2 | | including a petition to expunge juvenile records obtained from | 3 | | the clerk of the circuit court , a sample completed petition, | 4 | | information about the adverse consequences of having a law | 5 | | enforcement record, and expungement instructions. These | 6 | | instructions shall include information informing the minor | 7 | | that (i) the minor may file a petition on his or her own or with | 8 | | the assistance of an attorney, (ii) once the arrest is expunged | 9 | | under either subsection (0.07) or subsection (1), it shall be | 10 | | treated as if it never occurred, and (iii) once the minor | 11 | | obtains an expungement under either subsection (0.07) or | 12 | | subsection (1), the minor shall not be required to disclose | 13 | | that he or she had a law enforcement record . | 14 | | (2.6) If a minor is charged with an offense and is found | 15 | | not delinquent of that offense; or if a minor is placed under | 16 | | supervision under Section 5-615, and the order of supervision | 17 | | is successfully terminated; or if a minor is adjudicated for an | 18 | | offense that would be a Class B misdemeanor, a Class C | 19 | | misdemeanor, or a business or petty offense if committed by an | 20 | | adult; or if a minor has incidents occurring before his or her | 21 | | 18th 17th birthday that have not resulted in proceedings in | 22 | | criminal court, or resulted in proceedings in juvenile court, | 23 | | and the adjudications were not based upon first degree murder | 24 | | or sex offenses that would be felonies if committed by an | 25 | | adult; then at the time of sentencing or dismissal of the case, | 26 | | the judge shall inform the delinquent minor of his or her right |
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| 1 | | to petition for expungement as provided by law, and the clerk | 2 | | of the circuit court shall provide an expungement information | 3 | | packet to the delinquent minor, written in plain language, | 4 | | including a petition for expungement, a sample of a completed | 5 | | petition, information about the adverse consequences of having | 6 | | a law enforcement and juvenile court record, and expungement | 7 | | instructions . These instructions that shall include | 8 | | information informing the minor that (i) the minor may file a | 9 | | petition on his or her own or with the assistance of an | 10 | | attorney, (ii) once the case is expunged, it shall be treated | 11 | | as if it never occurred, and (iii) once the minor obtains an | 12 | | expungement, the court shall provide a certified copy of the | 13 | | expungement order, and the minor shall not be required to | 14 | | disclose that he or she had a juvenile court or law enforcement | 15 | | record (ii) he or she may apply to have petition fees waived, | 16 | | (iii) once he or she obtains an expungement, he or she may not | 17 | | be required to disclose that he or she had a juvenile record, | 18 | | and (iv) he or she may file the petition on his or her own or | 19 | | with the assistance of an attorney . The failure of the judge to | 20 | | inform the delinquent minor of his or her right to petition for | 21 | | expungement as provided by law does not create a substantive | 22 | | right, nor is that failure grounds for: (i) a reversal of an | 23 | | adjudication of delinquency, (ii) a new trial; or (iii) an | 24 | | appeal. | 25 | | (2.7) For counties with a population over 3,000,000, the | 26 | | clerk of the circuit court shall send a "Notification of a |
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| 1 | | Possible Right to Expungement" post card to the minor at the | 2 | | address last received by the clerk of the circuit court on the | 3 | | date that the minor attains the age of 18 17 based on the | 4 | | birthdate provided to the court by the minor or his or her | 5 | | guardian in cases under paragraphs (b), (c), and (d) of | 6 | | subsection (1); and when the minor attains the age of 21 based | 7 | | on the birthdate provided to the court by the minor or his or | 8 | | her guardian in cases under subsection (2). | 9 | | (2.8) The petition for expungement for subsection (0.07) | 10 | | and (1) may include multiple offenses on the same petition and | 11 | | shall be substantially in the following form: | 12 | | IN THE CIRCUIT COURT OF ......, ILLINOIS
| 13 | | ........ JUDICIAL CIRCUIT
| 14 | | IN THE INTEREST OF ) NO.
| 15 | | )
| 16 | | )
| 17 | | ...................)
| 18 | | (Name of Petitioner) | 19 | | PETITION TO EXPUNGE JUVENILE RECORDS | 20 | | (705 ILCS 405/5-915 ( SUBSECTIONS (0.07) and SUBSECTION 1)) | 21 | | ( If this is a petition for multiple offenses, please attach an | 22 | | Appendix listing each offense Please prepare a separate | 23 | | petition for each offense ) | 24 | | Now comes ............., Petitioner petitioner , and |
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| 1 | | respectfully requests
that this Honorable Court enter an order | 2 | | expunging all juvenile law enforcement and court records of | 3 | | Petitioner petitioner and in support thereof states that: | 4 | | ( ) 1. This petition is being filed under subsection (0.07) | 5 | | and: | 6 | | (Check One:) | 7 | | ( ) a. no petition was filed with the Clerk of the Circuit | 8 | | Court. | 9 | | ( ) b. was charged with .... and was found not delinquent of | 10 | | the offense; or
| 11 | | ( ) 2. This petition is being filed under subsection (1), | 12 | | Petitioner has attained the age of 18 17 , his/her birth date | 13 | | being ......, or all
Juvenile Court proceedings terminated as | 14 | | of ......, whichever occurred later.
Petitioner was arrested on | 15 | | ..... by the ....... Police Department for the offense of | 16 | | ......., and:
| 17 | | (Check One:)
| 18 | | ( ) a. no petition was filed with the Clerk of the Circuit | 19 | | Court. | 20 | | ( ) b. was charged with ...... and was found not delinquent
of | 21 | | the offense. | 22 | | ( ) c. a petition was filed and the petition was dismissed | 23 | | without a finding of delinquency on ..... | 24 | | ( ) d. on ....... placed under supervision pursuant to Section | 25 | | 5-615 of the Juvenile Court Act of 1987 and such order of | 26 | | supervision successfully terminated on ........ |
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| 1 | | ( ) e. was adjudicated for the offense, which would have been a | 2 | | Class B misdemeanor, a Class C misdemeanor, or a petty offense | 3 | | or business offense if committed by an adult.
| 4 | | Petitioner .... has .... has not been arrested on charges in | 5 | | this or any county other than the charges listed above. If | 6 | | petitioner has been arrested on additional charges, please list | 7 | | the charges below:
| 8 | | Charge(s): ...... | 9 | | Arresting Agency or Agencies: ........... | 10 | | Disposition/Result: (choose from a. through e., above): .....
| 11 | | WHEREFORE, the petitioner respectfully requests this Honorable | 12 | | Court to (1) order all law enforcement agencies to expunge all | 13 | | records of petitioner to this incident, and (2) to order the | 14 | | Clerk of the Court to expunge all records concerning the | 15 | | petitioner regarding this incident. | 16 | | ......................
| 17 | | Petitioner (Signature)
| 18 | | ..........................
| 19 | | Petitioner's Street Address
| 20 | | .....................
| 21 | | City, State, Zip Code
| 22 | | .............................
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| 1 | | Petitioner's Telephone Number
| 2 | | Pursuant to the penalties of perjury under the Code of Civil | 3 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the | 4 | | statements in this petition are true and correct, or on | 5 | | information and belief I believe the same to be true. | 6 | | ......................
| 7 | | Petitioner (Signature)
| 8 | | The Petition for Expungement for subsection (2) shall be | 9 | | substantially in the following form: | 10 | | IN THE CIRCUIT COURT OF ........, ILLINOIS | 11 | | ........ JUDICIAL CIRCUIT | 12 | | IN THE INTEREST OF ) NO.
| 13 | | )
| 14 | | )
| 15 | | ...................)
| 16 | | (Name of Petitioner) | 17 | | PETITION TO EXPUNGE JUVENILE RECORDS
| 18 | | (705 ILCS 405/5-915 (SUBSECTION 2))
| 19 | | ( If this is a petition for multiple offenses, please attach an | 20 | | Appendix listing each offense Please prepare a separate | 21 | | petition for each offense )
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| 1 | | Now comes ............, Petitioner petitioner , and | 2 | | respectfully requests that this Honorable Court enter an order | 3 | | expunging all Juvenile Law Enforcement and Court records of | 4 | | Petitioner petitioner and in support thereof states that: | 5 | | The incident for which the Petitioner seeks expungement | 6 | | occurred before the Petitioner's 18th 17th birthday and did not | 7 | | result in proceedings in criminal court and the Petitioner has | 8 | | not had any convictions for any crime since his/her 18th 17th | 9 | | birthday; and
| 10 | | The incident for which the Petitioner seeks expungement | 11 | | occurred before the Petitioner's 18th 17th birthday and the | 12 | | adjudication was not based upon first-degree murder or sex | 13 | | offenses which would be felonies if committed by an adult, and | 14 | | the Petitioner has not had any convictions for any crime since | 15 | | his/her 18th 17th birthday. | 16 | | Petitioner was arrested on ...... by the ....... Police | 17 | | Department for the offense of ........, and: | 18 | | (Check whichever one occurred the latest:) | 19 | | ( ) a. The Petitioner has attained the age of 21 years, his/her | 20 | | birthday being .......; or | 21 | | ( ) b. 5 years have elapsed since all juvenile court | 22 | | proceedings relating to the Petitioner have been terminated; or | 23 | | the Petitioner's commitment to the Department of Juvenile | 24 | | Justice
pursuant to the expungement of juvenile law enforcement | 25 | | and court records provisions of the Juvenile Court Act of 1987 | 26 | | has been terminated.
Petitioner ...has ...has not been arrested |
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| 1 | | on charges in this or any other county other than the charge | 2 | | listed above. If Petitioner petitioner has been arrested on | 3 | | additional charges, please list the charges below: | 4 | | Charge(s): .......... | 5 | | Arresting Agency or Agencies: ....... | 6 | | Disposition/Result: (choose from a or b, above): .......... | 7 | | WHEREFORE, the Petitioner petitioner respectfully requests | 8 | | this Honorable Court to (1) order all law enforcement agencies | 9 | | to expunge all records of petitioner related to this incident, | 10 | | and (2) to order the Clerk of the Court to expunge all records | 11 | | concerning the Petitioner 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 | 22 | | statements in this petition are true and correct, or on |
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| 1 | | information and belief I believe the same to be true. | 2 | | ......................
| 3 | | Petitioner (Signature)
| 4 | | (3) The chief judge of the circuit in which an arrest was | 5 | | made or a charge
was brought or any
judge of that circuit | 6 | | designated by the chief judge
may, upon verified petition
of a | 7 | | person who is the subject of an arrest or a juvenile court | 8 | | proceeding
under subsection (0.07), (1) , or (2) of this | 9 | | Section, order the law enforcement
records or official court | 10 | | file, or both, to be expunged from the official
records of the | 11 | | arresting authority, the clerk of the circuit court and the
| 12 | | Department of State Police. The person whose records are to be | 13 | | expunged shall petition the court using the appropriate form | 14 | | containing his or her current address and shall promptly notify | 15 | | the clerk of the circuit court of any change of address. Notice
| 16 | | of the petition shall be served upon the State's Attorney or | 17 | | prosecutor charged with the duty of prosecuting the offense, | 18 | | the Department of State Police, and the arresting agency or | 19 | | agencies by the clerk of the circuit court. If an objection is | 20 | | filed within 45
days of the notice of the petition, the clerk | 21 | | of the circuit court shall set a date for hearing after the 45
| 22 | | day objection period. At the hearing the court shall hear | 23 | | evidence on whether the expungement should or should not be | 24 | | granted. Unless the State's Attorney or prosecutor, the | 25 | | Department of State Police, or an arresting agency objects to | 26 | | the expungement within 45
days of the notice, the court may |
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| 1 | | enter an order granting expungement. The person whose records | 2 | | are to be expunged shall pay the clerk of the circuit court a | 3 | | fee equivalent to the cost associated with expungement of | 4 | | records by the clerk and the Department of State Police. The | 5 | | clerk shall forward a certified copy of the order to the | 6 | | Department of State Police , the appropriate portion of the fee | 7 | | to the Department of State Police for processing, and deliver a | 8 | | certified copy of the order to the arresting agency.
| 9 | | (3.1) The Notice 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 | | NOTICE
| 19 | | TO: State's Attorney
| 20 | | TO: Arresting Agency
| 21 | |
| 22 | | ................
| 23 | | ................
| 24 | |
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| 1 | | ................
| 2 | | ................
| 3 | | TO: Illinois State Police
| 4 | |
| 5 | | .....................
| 6 | |
| 7 | | .....................
| 8 | | ATTENTION: Expungement
| 9 | | You are hereby notified that on ....., at ....., in courtroom | 10 | | ..., located at ..., before the Honorable ..., Judge, or any | 11 | | judge sitting in his/her stead, I shall then and there present | 12 | | a Petition to Expunge Juvenile records in the above-entitled | 13 | | matter, at which time and place you may appear. | 14 | | ......................
| 15 | | Petitioner's Signature
| 16 | | ...........................
| 17 | | Petitioner's Street Address
| 18 | | .....................
| 19 | | City, State, Zip Code
| 20 | | .............................
| 21 | | Petitioner's Telephone Number
| 22 | | PROOF OF SERVICE
| 23 | | On the ....... day of ......, 20..., I on oath state that I | 24 | | served this notice and true and correct copies of the | 25 | | above-checked documents by: | 26 | | (Check One:) |
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| 1 | | delivering copies personally to each entity to whom they are | 2 | | directed; | 3 | | or | 4 | | by mailing copies to each entity to whom they are directed by | 5 | | depositing the same in the U.S. Mail, proper postage fully | 6 | | prepaid, before the hour of 5:00 p.m., at the United States | 7 | | Postal Depository located at ................. | 8 | | .........................................
| 9 | |
| 10 | | Signature | 11 | | Clerk of the Circuit Court or Deputy Clerk
| 12 | | Printed Name of Delinquent Minor/Petitioner: .... | 13 | | Address: ........................................ | 14 | | Telephone Number: ............................... | 15 | | (3.2) The Order of Expungement shall be in substantially | 16 | | the following form: | 17 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 18 | | .... JUDICIAL CIRCUIT
| 19 | | IN THE INTEREST OF ) NO.
| 20 | | )
| 21 | | )
| 22 | | ...................)
| 23 | | (Name of Petitioner)
| 24 | | DOB ................ |
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| 1 | | Arresting Agency/Agencies ...... | 2 | | ORDER OF EXPUNGEMENT
| 3 | | (705 ILCS 405/5-915 (SUBSECTION 3))
| 4 | | This matter having been heard on the petitioner's motion and | 5 | | the court being fully advised in the premises does find that | 6 | | the petitioner is indigent or has presented reasonable cause to | 7 | | waive all costs in this matter, IT IS HEREBY ORDERED that: | 8 | | ( ) 1. Clerk of Court and Department of State Police costs | 9 | | are hereby waived in this matter. | 10 | | ( ) 1. 2. The Illinois State Police Bureau of | 11 | | Identification and the following law enforcement agencies | 12 | | expunge all records of petitioner relating to an arrest dated | 13 | | ...... for the offense of ...... | 14 | | Law Enforcement Agencies:
| 15 | | .........................
| 16 | | .........................
| 17 | | ( ) 2. 3. IT IS FURTHER ORDERED that the Clerk of the | 18 | | Circuit Court expunge all records regarding the | 19 | | above-captioned case. | 20 | | ENTER: ......................
| 21 | |
| 22 | | JUDGE | 23 | | DATED: ....... | 24 | | Name:
| 25 | | Attorney for:
| 26 | | Address:
City/State/Zip:
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| 1 | | Attorney Number: | 2 | | (3.3) The Notice of Objection shall be in substantially the | 3 | | following form: | 4 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 5 | | ....................... JUDICIAL CIRCUIT
| 6 | | IN THE INTEREST OF ) NO.
| 7 | | )
| 8 | | )
| 9 | | ...................)
| 10 | | (Name of Petitioner) | 11 | | NOTICE OF OBJECTION
| 12 | | TO:(Attorney, Public Defender, Minor)
| 13 | | .................................
| 14 | | .................................
| 15 | | TO:(Illinois State Police)
| 16 | | .................................
| 17 | | ................................. | 18 | | TO:(Clerk of the Court)
| 19 | | .................................
| 20 | | .................................
| 21 | | TO:(Judge)
| 22 | | .................................
| 23 | | .................................
| 24 | | TO:(Arresting Agency/Agencies)
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| 1 | | .................................
| 2 | | ................................. | 3 | | ATTENTION:
You are hereby notified that an objection has been | 4 | | filed by the following entity regarding the above-named minor's | 5 | | petition for expungement of juvenile records: | 6 | | ( ) State's Attorney's Office;
| 7 | | ( ) Prosecutor (other than State's Attorney's Office) charged | 8 | | with the duty of prosecuting the offense sought to be expunged;
| 9 | | ( ) Department of Illinois State Police; or
| 10 | | ( ) Arresting Agency or Agencies.
| 11 | | The agency checked above respectfully requests that this case | 12 | | be continued and set for hearing on whether the expungement | 13 | | should or should not be granted.
| 14 | | DATED: ....... | 15 | | Name: | 16 | | Attorney For:
| 17 | | Address: | 18 | | City/State/Zip:
| 19 | | Telephone:
| 20 | | Attorney No.:
| 21 | | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| 22 | | This matter has been set for hearing on the foregoing | 23 | | objection, on ...... in room ...., located at ....., before the | 24 | | Honorable ....., Judge, or any judge sitting in his/her stead.
| 25 | | (Only one hearing shall be set, regardless of the number of | 26 | | Notices of Objection received on the same case).
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| 1 | | A copy of this completed Notice of Objection containing the | 2 | | court date, time, and location, has been sent via regular U.S. | 3 | | Mail to the following entities. (If more than one Notice of | 4 | | Objection is received on the same case, each one must be | 5 | | completed with the court date, time and location and mailed to | 6 | | the following entities):
| 7 | | ( ) Attorney, Public Defender or Minor;
| 8 | | ( ) State's Attorney's Office; | 9 | | ( ) Prosecutor (other than State's Attorney's Office) charged | 10 | | with the duty of prosecuting the offense sought to be expunged; | 11 | | ( ) Department of Illinois State Police; and | 12 | | ( ) Arresting agency or agencies.
| 13 | | Date: ...... | 14 | | Initials of Clerk completing this section: .....
| 15 | | (4) Upon entry of an order expunging records or files, the | 16 | | offense, which
the records or files concern shall be treated as | 17 | | if it never occurred. Law
enforcement officers and other public | 18 | | offices and agencies shall properly reply
on inquiry that no | 19 | | record or file exists with respect to the
person. The person | 20 | | whose records are expunged shall not have to disclose the fact | 21 | | of the records or any matter relating to the record on an | 22 | | application for employment, credit, or other type of | 23 | | application.
| 24 | | (5) Records which have not been expunged remain are sealed, | 25 | | and may be obtained
only under the provisions of Sections | 26 | | 5-901, 5-905 and 5-915.
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| 1 | | (6) Nothing in this Section shall be construed to prohibit | 2 | | the maintenance
of information relating to an offense after | 3 | | records or files concerning the
offense have been expunged if | 4 | | the information is kept in a manner that does not
enable | 5 | | identification of the offender. This information may only be | 6 | | used for
statistical and bona fide research purposes. | 7 | | (7)(a) The State Appellate Defender shall establish, | 8 | | maintain, and carry out, by December 31, 2004, a juvenile | 9 | | expungement program
to provide information and assistance to | 10 | | minors eligible to have their juvenile records expunged.
| 11 | | (b) The State Appellate Defender shall develop brochures, | 12 | | pamphlets, and
other
materials in
printed form and through the | 13 | | agency's World Wide Web site. The pamphlets and
other materials | 14 | | shall
include at a minimum the following information:
| 15 | | (i) An explanation of the State's juvenile expungement | 16 | | process; | 17 | | (ii) The circumstances under which juvenile | 18 | | expungement may occur; | 19 | | (iii) The juvenile offenses that may be expunged; | 20 | | (iv) The steps necessary to initiate and complete the | 21 | | juvenile expungement process;
and | 22 | | (v) Directions on how to contact the State Appellate | 23 | | Defender. | 24 | | (c) The State Appellate Defender shall establish and | 25 | | maintain a statewide
toll-free telephone
number that a person | 26 | | may use to receive information or assistance concerning
the |
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| 1 | | expungement of juvenile records. The State Appellate
Defender | 2 | | shall advertise
the toll-free telephone number statewide. The | 3 | | State Appellate Defender shall
develop an expungement
| 4 | | information packet that may be sent to eligible persons seeking | 5 | | expungement of
their juvenile records,
which may include, but | 6 | | is not limited to, a pre-printed expungement petition
with | 7 | | instructions on how
to complete the petition and a pamphlet | 8 | | containing information that would
assist individuals through
| 9 | | the juvenile expungement process. | 10 | | (d) The State Appellate Defender shall compile a statewide | 11 | | list of volunteer
attorneys willing
to assist eligible | 12 | | individuals through the juvenile expungement process. | 13 | | (e) This Section shall be implemented from funds | 14 | | appropriated by the General
Assembly to the State
Appellate | 15 | | Defender
for this purpose. The State Appellate Defender shall | 16 | | employ the necessary staff
and adopt the
necessary rules for | 17 | | implementation of this Section. | 18 | | (8)(a) Except with respect to law enforcement agencies, the | 19 | | Department of Corrections, State's Attorneys, or other | 20 | | prosecutors, an expunged juvenile record may not be considered | 21 | | by any private or public entity in employment matters, | 22 | | certification, licensing, revocation of certification or | 23 | | licensure, or registration. Applications for employment must | 24 | | contain specific language that states that the applicant is not | 25 | | obligated to disclose expunged juvenile records of conviction | 26 | | or arrest. Employers may not ask if an applicant has had a |
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| 1 | | juvenile record expunged. Effective January 1, 2005, the | 2 | | Department of Labor shall develop a link on the Department's | 3 | | website to inform employers that employers may not ask if an | 4 | | applicant had a juvenile record expunged and that application | 5 | | for employment must contain specific language that states that | 6 | | the applicant is not obligated to disclose expunged juvenile | 7 | | records of arrest or conviction. | 8 | | (b) A person whose juvenile records have been expunged is | 9 | | not entitled to remission of any fines, costs, or other money | 10 | | paid as a consequence of expungement. This amendatory Act of | 11 | | the 93rd General Assembly does not affect the right of the | 12 | | victim of a crime to prosecute or defend a civil action for | 13 | | damages.
| 14 | | (c) The expungement of juvenile records under this Section | 15 | | 5-622 shall be funded by the additional fine imposed under | 16 | | Section 5-9-1.17 of the Unified Code of Corrections and | 17 | | additional appropriations made by the General Assembly for such | 18 | | purpose. | 19 | | (Source: P.A. 95-861, eff. 1-1-09; 96-707, eff. 1-1-10.)
| 20 | | (705 ILCS 405/5-622 rep.) | 21 | | Section 10. The Juvenile Court Act of 1987 is amended by | 22 | | repealing Section 5-622. | 23 | | Section 15. The Unified Code of Corrections is amended by | 24 | | changing Section 5-9-1.17 as follows: |
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| 1 | | (730 ILCS 5/5-9-1.17) | 2 | | Sec. 5-9-1.17. Additional fine to fund expungement of | 3 | | juvenile records. | 4 | | (a) There shall be added to every penalty imposed in | 5 | | sentencing for a criminal offense an additional fine of $30 to | 6 | | be imposed upon a plea of guilty or finding of guilty resulting | 7 | | in a judgment of conviction. | 8 | | (b) Ten dollars of each such additional fine shall be | 9 | | remitted to the State Treasurer for deposit into the State | 10 | | Police Services Fund to be used to implement the expungement of | 11 | | juvenile records as provided in Section 5-915 5-622 of the | 12 | | Juvenile Court Act of 1987, $10 shall be paid to the State's | 13 | | Attorney's Office that prosecuted the criminal offense, and $10 | 14 | | shall be retained by the Circuit Clerk for administrative costs | 15 | | associated with the expungement of juvenile records and shall | 16 | | be deposited into the Circuit Court Clerk Operation and | 17 | | Administrative Fund.
| 18 | | (Source: P.A. 96-707, eff. 1-1-10; 96-1000, eff. 7-2-10.) | 19 | | Section 20. The Illinois Human Rights Act is amended by | 20 | | changing Section 2-103 as follows:
| 21 | | (775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
| 22 | | Sec. 2-103. Arrest Record.
| 23 | | (A) Unless otherwise authorized by law,
it is a civil |
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| 1 | | rights violation for any
employer, employment agency or labor | 2 | | organization to inquire
into or to use the fact of an arrest or | 3 | | criminal history
record information
ordered expunged, sealed | 4 | | or impounded under Section 5.2 of the Criminal
Identification | 5 | | Act or ordered expunged under Section 5-915 of the Juvenile | 6 | | Court Act of 1987 as a basis to
refuse to hire, to segregate, | 7 | | or to act
with respect to recruitment, hiring, promotion, | 8 | | renewal of employment,
selection for training or | 9 | | apprenticeship, discharge, discipline, tenure or
terms, | 10 | | privileges or conditions of employment. This Section
does not | 11 | | prohibit a State agency, unit of local government or school
| 12 | | district, or private organization from requesting or utilizing | 13 | | sealed felony
conviction information obtained from the | 14 | | Department of State Police under
the provisions of Section 3 of | 15 | | the
Criminal Identification Act or under other State or federal | 16 | | laws or regulations that require criminal background checks in | 17 | | evaluating the qualifications
and character of an employee or a | 18 | | prospective employee.
| 19 | | (B) The prohibition against the use of the fact of an | 20 | | arrest contained in
this Section shall not be construed to | 21 | | prohibit an employer, employment agency,
or labor organization | 22 | | from obtaining or using other information which indicates
that | 23 | | a person actually engaged in the conduct for which he or she | 24 | | was
arrested.
| 25 | | (Source: P.A. 96-409, eff. 1-1-10.)".
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