Illinois General Assembly - Full Text of SB0978
Illinois General Assembly

Previous General Assemblies

Full Text of SB0978  98th General Assembly

SB0978sam001 98TH GENERAL ASSEMBLY

Sen. Kwame Raoul

Filed: 4/1/2014

 

 


 

 


 
09800SB0978sam001LRB098 05217 RLC 57749 a

1
AMENDMENT TO SENATE BILL 978

2    AMENDMENT NO. ______. Amend Senate Bill 978 by replacing
3everything after the enacting clause with the following:
 
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

 

 

09800SB0978sam001- 2 -LRB098 05217 RLC 57749 a

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    (1) Whenever any person has attained the age of 18 or
6whenever all juvenile court proceedings relating to that person
7have been terminated, whichever is later, the person may
8petition the court to expunge law enforcement records relating
9to incidents occurring before his or her 18th birthday or his
10or her juvenile court records, or both, but only in the
11following 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; or
17        (c) the minor was placed under supervision pursuant to
18    Section 5-615, and the order of supervision has since been
19    successfully terminated; or
20        (d) the minor was adjudicated for an offense which
21    would be a Class B misdemeanor, Class C misdemeanor, or a
22    petty or business offense if committed by an adult.
23    (1.5) The Department of State Police shall automatically
24expunge, on an annual basis, law enforcement records pertaining
25to a minor who has been arrested if:
26        (a) the minor has been arrested and no petition for

 

 

09800SB0978sam001- 3 -LRB098 05217 RLC 57749 a

1    delinquency was filed with the clerk of the circuit court;
2        (b) the minor has attained the age of 18 years; and
3        (c) since the date of the minor's most recent arrest,
4    at least 6 months have elapsed without an additional
5    arrest.
6    The Department of State Police shall establish a process
7for an individual to confirm that all law enforcement records
8described in this subsection (1.5) have been expunged on an
9annual basis.
10    (2) Any person may petition the court to expunge all law
11enforcement records relating to any incidents occurring before
12his or her 18th birthday which did not result in proceedings in
13criminal court and all juvenile court records with respect to
14any adjudications except those based upon first degree murder
15and sex offenses which would be felonies if committed by an
16adult, if the person for whom expungement is sought has had no
17convictions for any crime since his or her 18th birthday and:
18        (a) has attained the age of 21 years; or
19        (b) 5 years have elapsed since all juvenile court
20    proceedings relating to him or her have been terminated or
21    his or her commitment to the Department of Juvenile Justice
22    pursuant to this Act has been terminated;
23whichever is later of (a) or (b). Nothing in this Section 5-915
24precludes a minor from obtaining expungement under Section
255-622.
26    (2.5) If a minor is arrested and no petition for

 

 

09800SB0978sam001- 4 -LRB098 05217 RLC 57749 a

1delinquency is filed with the clerk of the circuit court as
2provided in paragraph (a) of subsection (1) at the time the
3minor is released from custody, the youth officer, if
4applicable, or other designated person from the arresting
5agency, shall notify verbally and in writing to the minor or
6the minor's parents or guardians that if the State's Attorney
7does not file a petition for delinquency, the minor has a right
8to petition to have his or her arrest record expunged when the
9minor attains the age of 18 or when all juvenile court
10proceedings relating to that minor have been terminated and
11that unless a petition to expunge is filed, the minor shall
12have an arrest record and shall provide the minor and the
13minor's parents or guardians with an expungement information
14packet, including a petition to expunge juvenile records
15obtained from the clerk of the circuit court.
16    (2.6) If a minor is charged with an offense and is found
17not delinquent of that offense; or if a minor is placed under
18supervision under Section 5-615, and the order of supervision
19is successfully terminated; or if a minor is adjudicated for an
20offense that would be a Class B misdemeanor, a Class C
21misdemeanor, or a business or petty offense if committed by an
22adult; or if a minor has incidents occurring before his or her
2318th birthday that have not resulted in proceedings in criminal
24court, or resulted in proceedings in juvenile court, and the
25adjudications were not based upon first degree murder or sex
26offenses that would be felonies if committed by an adult; then

 

 

09800SB0978sam001- 5 -LRB098 05217 RLC 57749 a

1at the time of sentencing or dismissal of the case, the judge
2shall inform the delinquent minor of his or her right to
3petition for expungement as provided by law, and the clerk of
4the circuit court shall provide an expungement information
5packet to the delinquent minor, written in plain language,
6including a petition for expungement, a sample of a completed
7petition, expungement instructions that shall include
8information informing the minor that (i) once the case is
9expunged, it shall be treated as if it never occurred, (ii) he
10or she may apply to have petition fees waived, (iii) once he or
11she obtains an expungement, he or she may not be required to
12disclose that he or she had a juvenile record, and (iv) he or
13she may file the petition on his or her own or with the
14assistance of an attorney. The failure of the judge to inform
15the delinquent minor of his or her right to petition for
16expungement as provided by law does not create a substantive
17right, nor is that failure grounds for: (i) a reversal of an
18adjudication of delinquency, (ii) a new trial; or (iii) an
19appeal.
20    (2.7) For counties with a population over 3,000,000, the
21clerk of the circuit court shall send a "Notification of a
22Possible Right to Expungement" post card to the minor at the
23address last received by the clerk of the circuit court on the
24date that the minor attains the age of 18 based on the
25birthdate provided to the court by the minor or his or her
26guardian in cases under paragraphs (b), (c), and (d) of

 

 

09800SB0978sam001- 6 -LRB098 05217 RLC 57749 a

1subsection (1); and when the minor attains the age of 21 based
2on the birthdate provided to the court by the minor or his or
3her guardian in cases under subsection (2).
4    (2.8) The petition for expungement for subsection (1) may
5include multiple offenses on the same petition and shall be
6substantially in the following form:
7
IN THE CIRCUIT COURT OF ......, ILLINOIS
8
........ JUDICIAL CIRCUIT

 
9IN THE INTEREST OF )    NO.
10                   )
11                   )
12...................)
13(Name of Petitioner)
 
14
PETITION TO EXPUNGE JUVENILE RECORDS
15
(705 ILCS 405/5-915 (SUBSECTION 1))
16
(Please prepare a separate petition for each offense)
17Now comes ............., petitioner, and respectfully requests
18that this Honorable Court enter an order expunging all juvenile
19law enforcement and court records of petitioner and in support
20thereof states that: Petitioner has attained the age of 18,
21his/her birth date being ......, or all Juvenile Court
22proceedings terminated as of ......, whichever occurred later.
23Petitioner was arrested on ..... by the ....... Police
24Department for the offense or offenses of ......., and:

 

 

09800SB0978sam001- 7 -LRB098 05217 RLC 57749 a

1(Check All That Apply One:)
2( ) a. no petition or petitions were was filed with the Clerk
3of the Circuit Court.
4( ) b. was charged with ...... and was found not delinquent of
5the offense or offenses.
6( ) c. a petition or petitions were was filed and the petition
7or petitions were was dismissed without a finding of
8delinquency on .....
9( ) d. on ....... placed under supervision pursuant to Section
105-615 of the Juvenile Court Act of 1987 and such order of
11supervision successfully terminated on ........
12( ) e. was adjudicated for the offense or offenses, which would
13have been a Class B misdemeanor, a Class C misdemeanor, or a
14petty offense or business offense if committed by an adult.
15Petitioner .... has .... has not been arrested on charges in
16this or any county other than the charges listed above. If
17petitioner has been arrested on additional charges, please list
18the charges below:
19Charge(s): ......
20Arresting Agency or Agencies: ...........
21Disposition/Result: (choose from a. through e., above): .....
22WHEREFORE, the petitioner respectfully requests this Honorable
23Court to (1) order all law enforcement agencies to expunge all
24records of petitioner to this incident or incidents, and (2) to
25order the Clerk of the Court to expunge all records concerning
26the petitioner regarding this incident or incidents.
 

 

 

09800SB0978sam001- 8 -LRB098 05217 RLC 57749 a

1
......................
2
Petitioner (Signature)

 
3
..........................
4
Petitioner's Street Address

 
5
.....................
6
City, State, Zip Code

 
7
.............................
8
Petitioner's Telephone Number

 
9Pursuant to the penalties of perjury under the Code of Civil
10Procedure, 735 ILCS 5/1-109, I hereby certify that the
11statements in this petition are true and correct, or on
12information and belief I believe the same to be true.
 
13
......................
14
Petitioner (Signature)
15The Petition for Expungement for subsection (2) shall be
16substantially in the following form:
 
17
IN THE CIRCUIT COURT OF ........, ILLINOIS
18
........ JUDICIAL CIRCUIT

 

 

 

09800SB0978sam001- 9 -LRB098 05217 RLC 57749 a

1IN THE INTEREST OF )    NO.
2                   )
3                   )
4...................)
5(Name of Petitioner)
 
6
PETITION TO EXPUNGE JUVENILE RECORDS
7
(705 ILCS 405/5-915 (SUBSECTION 2))
8
(Please prepare a separate petition for each offense)
9Now comes ............, petitioner, and respectfully requests
10that this Honorable Court enter an order expunging all Juvenile
11Law Enforcement and Court records of petitioner and in support
12thereof states that:
13The incident for which the Petitioner seeks expungement
14occurred before the Petitioner's 18th birthday and did not
15result in proceedings in criminal court and the Petitioner has
16not had any convictions for any crime since his/her 18th
17birthday; and
18The incident for which the Petitioner seeks expungement
19occurred before the Petitioner's 18th birthday and the
20adjudication was not based upon first-degree murder or sex
21offenses which would be felonies if committed by an adult, and
22the Petitioner has not had any convictions for any crime since
23his/her 18th birthday.
24Petitioner was arrested on ...... by the ....... Police
25Department for the offense of ........, and:

 

 

09800SB0978sam001- 10 -LRB098 05217 RLC 57749 a

1(Check whichever one occurred the latest:)
2( ) a. The Petitioner has attained the age of 21 years, his/her
3birthday being .......; or
4( ) b. 5 years have elapsed since all juvenile court
5proceedings relating to the Petitioner have been terminated; or
6the Petitioner's commitment to the Department of Juvenile
7Justice pursuant to the expungement of juvenile law enforcement
8and court records provisions of the Juvenile Court Act of 1987
9has been terminated. Petitioner ...has ...has not been arrested
10on charges in this or any other county other than the charge
11listed above. If petitioner has been arrested on additional
12charges, please list the charges below:
13Charge(s): ..........
14Arresting Agency or Agencies: .......
15Disposition/Result: (choose from a or b, above): ..........
16WHEREFORE, the petitioner respectfully requests this Honorable
17Court to (1) order all law enforcement agencies to expunge all
18records of petitioner related to this incident, and (2) to
19order the Clerk of the Court to expunge all records concerning
20the petitioner regarding this incident.
 
21
.......................
22
Petitioner (Signature)

 
23
......................
24
Petitioner's Street Address

 

 

 

09800SB0978sam001- 11 -LRB098 05217 RLC 57749 a

1
.....................
2
City, State, Zip Code
3
.............................
4
Petitioner's Telephone Number

 
5Pursuant to the penalties of perjury under the Code of Civil
6Procedure, 735 ILCS 5/1-109, I hereby certify that the
7statements in this petition are true and correct, or on
8information and belief I believe the same to be true.
9
......................
10
Petitioner (Signature)
11    (3) The chief judge of the circuit in which an arrest was
12made or a charge was brought or any judge of that circuit
13designated by the chief judge may, upon verified petition of a
14person who is the subject of an arrest or a juvenile court
15proceeding under subsection (1) or (2) of this Section, order
16the law enforcement records or official court file, or both, to
17be expunged from the official records of the arresting
18authority, the clerk of the circuit court and the Department of
19State Police. The person whose records are to be expunged shall
20petition the court using the appropriate form containing his or
21her current address and shall promptly notify the clerk of the
22circuit court of any change of address. Notice of the petition
23shall be served upon the State's Attorney or prosecutor charged
24with the duty of prosecuting the offense, the Department of

 

 

09800SB0978sam001- 12 -LRB098 05217 RLC 57749 a

1State Police, and the arresting agency or agencies by the clerk
2of the circuit court. If an objection is filed within 45 days
3of the notice of the petition, the clerk of the circuit court
4shall set a date for hearing after the 45 day objection period.
5At the hearing the court shall hear evidence on whether the
6expungement should or should not be granted. Unless the State's
7Attorney or prosecutor, the Department of State Police, or an
8arresting agency objects to the expungement within 45 days of
9the notice, the court may enter an order granting expungement.
10The person whose records are to be expunged shall pay the clerk
11of the circuit court a fee equivalent to the cost associated
12with expungement of records by the clerk and the Department of
13State Police. The clerk shall forward a certified copy of the
14order to the Department of State Police, the appropriate
15portion of the fee to the Department of State Police for
16processing, and deliver a certified copy of the order to the
17arresting agency.
18    (3.1) The Notice of Expungement shall be in substantially
19the following form:
20
IN THE CIRCUIT COURT OF ....., ILLINOIS
21
.... JUDICIAL CIRCUIT

 
22IN THE INTEREST OF )    NO.
23                   )
24                   )
25...................)

 

 

09800SB0978sam001- 13 -LRB098 05217 RLC 57749 a

1(Name of Petitioner)
 
2
NOTICE
3TO:  State's Attorney
4TO:  Arresting Agency
5
6................
7................
8
9................
10................
11TO:  Illinois State Police
12
13.....................
14
15.....................
16ATTENTION: Expungement
17You are hereby notified that on ....., at ....., in courtroom
18..., located at ..., before the Honorable ..., Judge, or any
19judge sitting in his/her stead, I shall then and there present
20a Petition to Expunge Juvenile records in the above-entitled
21matter, at which time and place you may appear.
22
......................
23
Petitioner's Signature
24
...........................
25
Petitioner's Street Address

 

 

09800SB0978sam001- 14 -LRB098 05217 RLC 57749 a

1
.....................
2
City, State, Zip Code
3
.............................
4
Petitioner's Telephone Number
5
PROOF OF SERVICE
6On the ....... day of ......, 20..., I on oath state that I
7served this notice and true and correct copies of the
8above-checked documents by:
9(Check One:)
10delivering copies personally to each entity to whom they are
11directed;
12or
13by mailing copies to each entity to whom they are directed by
14depositing the same in the U.S. Mail, proper postage fully
15prepaid, before the hour of 5:00 p.m., at the United States
16Postal Depository located at .................
17
.........................................
18
19Signature
20
Clerk of the Circuit Court or Deputy Clerk
21Printed Name of Delinquent Minor/Petitioner: ....
22Address: ........................................
23Telephone Number: ...............................
24    (3.2) The Order of Expungement shall be in substantially
25the following form:
26
IN THE CIRCUIT COURT OF ....., ILLINOIS

 

 

09800SB0978sam001- 15 -LRB098 05217 RLC 57749 a

1
.... JUDICIAL CIRCUIT

 
2IN THE INTEREST OF )    NO.
3                   )
4                   )
5...................)
6(Name of Petitioner)
 
7DOB ................
8Arresting Agency/Agencies ......
9
ORDER OF EXPUNGEMENT
10
(705 ILCS 405/5-915 (SUBSECTION 3))
11This matter having been heard on the petitioner's motion and
12the court being fully advised in the premises does find that
13the petitioner is indigent or has presented reasonable cause to
14waive all costs in this matter, IT IS HEREBY ORDERED that:
15    ( ) 1. Clerk of Court and Department of State Police costs
16are hereby waived in this matter.
17    ( ) 2. The Illinois State Police Bureau of Identification
18and the following law enforcement agencies expunge all records
19of petitioner relating to an arrest dated ...... for the
20offense of ......
21
Law Enforcement Agencies:
22
.........................
23
.........................
24    ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit

 

 

09800SB0978sam001- 16 -LRB098 05217 RLC 57749 a

1Court expunge all records regarding the above-captioned case.
2
ENTER: ......................
3
4JUDGE
5DATED: .......
6Name:
7Attorney for:
8Address: City/State/Zip:
9Attorney Number:
10    (3.3) The Notice of Objection shall be in substantially the
11following form:
12
IN THE CIRCUIT COURT OF ....., ILLINOIS
13
....................... JUDICIAL CIRCUIT

 
14IN THE INTEREST OF )    NO.
15                   )
16                   )
17...................)
18(Name of Petitioner)
 
19
NOTICE OF OBJECTION
20TO:(Attorney, Public Defender, Minor)
21.................................
22.................................
23TO:(Illinois State Police)
24.................................

 

 

09800SB0978sam001- 17 -LRB098 05217 RLC 57749 a

1.................................
2TO:(Clerk of the Court)
3.................................
4.................................
5TO:(Judge)
6.................................
7.................................
8TO:(Arresting Agency/Agencies)
9.................................
10.................................
11ATTENTION: You are hereby notified that an objection has been
12filed by the following entity regarding the above-named minor's
13petition for expungement of juvenile records:
14( ) State's Attorney's Office;
15( ) Prosecutor (other than State's Attorney's Office) charged
16with the duty of prosecuting the offense sought to be expunged;
17( ) Department of Illinois State Police; or
18( ) Arresting Agency or Agencies.
19The agency checked above respectfully requests that this case
20be continued and set for hearing on whether the expungement
21should or should not be granted.
22DATED: .......
23Name:
24Attorney For:
25Address:
26City/State/Zip:

 

 

09800SB0978sam001- 18 -LRB098 05217 RLC 57749 a

1Telephone:
2Attorney No.:
3
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
4This matter has been set for hearing on the foregoing
5objection, on ...... in room ...., located at ....., before the
6Honorable ....., Judge, or any judge sitting in his/her stead.
7(Only one hearing shall be set, regardless of the number of
8Notices of Objection received on the same case).
9A copy of this completed Notice of Objection containing the
10court date, time, and location, has been sent via regular U.S.
11Mail to the following entities. (If more than one Notice of
12Objection is received on the same case, each one must be
13completed with the court date, time and location and mailed to
14the following entities):
15( ) Attorney, Public Defender or Minor;
16( ) State's Attorney's Office;
17( ) Prosecutor (other than State's Attorney's Office) charged
18with the duty of prosecuting the offense sought to be expunged;
19( ) Department of Illinois State Police; and
20( ) Arresting agency or agencies.
21Date: ......
22Initials of Clerk completing this section: .....
23    (4) Upon entry of an order expunging records or files, the
24offense, which the records or files concern shall be treated as
25if it never occurred. Law enforcement officers and other public
26offices and agencies shall properly reply on inquiry that no

 

 

09800SB0978sam001- 19 -LRB098 05217 RLC 57749 a

1record or file exists with respect to the person.
2    (5) Records which have not been expunged are sealed, and
3may be obtained only under the provisions of Sections 5-901,
45-905 and 5-915.
5    (6) Nothing in this Section shall be construed to prohibit
6the maintenance of information relating to an offense after
7records or files concerning the offense have been expunged if
8the information is kept in a manner that does not enable
9identification of the offender. This information may only be
10used for statistical and bona fide research purposes.
11    (7)(a) The State Appellate Defender shall establish,
12maintain, and carry out, by December 31, 2004, a juvenile
13expungement program to provide information and assistance to
14minors eligible to have their juvenile records expunged.
15    (b) The State Appellate Defender shall develop brochures,
16pamphlets, and other materials in printed form and through the
17agency's World Wide Web site. The pamphlets and other materials
18shall include at a minimum the following information:
19        (i) An explanation of the State's juvenile expungement
20    process;
21        (ii) The circumstances under which juvenile
22    expungement may occur;
23        (iii) The juvenile offenses that may be expunged;
24        (iv) The steps necessary to initiate and complete the
25    juvenile expungement process; and
26        (v) Directions on how to contact the State Appellate

 

 

09800SB0978sam001- 20 -LRB098 05217 RLC 57749 a

1    Defender.
2    (c) The State Appellate Defender shall establish and
3maintain a statewide toll-free telephone number that a person
4may use to receive information or assistance concerning the
5expungement of juvenile records. The State Appellate Defender
6shall advertise the toll-free telephone number statewide. The
7State Appellate Defender shall develop an expungement
8information packet that may be sent to eligible persons seeking
9expungement of their juvenile records, which may include, but
10is not limited to, a pre-printed expungement petition with
11instructions on how to complete the petition and a pamphlet
12containing information that would assist individuals through
13the juvenile expungement process.
14    (d) The State Appellate Defender shall compile a statewide
15list of volunteer attorneys willing to assist eligible
16individuals through the juvenile expungement process.
17    (e) This Section shall be implemented from funds
18appropriated by the General Assembly to the State Appellate
19Defender for this purpose. The State Appellate Defender shall
20employ the necessary staff and adopt the necessary rules for
21implementation of this Section.
22    (8)(a) Except with respect to law enforcement agencies, the
23Department of Corrections, State's Attorneys, or other
24prosecutors, an expunged juvenile record may not be considered
25by any private or public entity in employment matters,
26certification, licensing, revocation of certification or

 

 

09800SB0978sam001- 21 -LRB098 05217 RLC 57749 a

1licensure, or registration. Applications for employment must
2contain specific language that states that the applicant is not
3obligated to disclose expunged juvenile records of conviction
4or arrest. Employers may not ask if an applicant has had a
5juvenile record expunged. Effective January 1, 2005, the
6Department of Labor shall develop a link on the Department's
7website to inform employers that employers may not ask if an
8applicant had a juvenile record expunged and that application
9for employment must contain specific language that states that
10the applicant is not obligated to disclose expunged juvenile
11records of arrest or conviction.
12    (b) A person whose juvenile records have been expunged is
13not entitled to remission of any fines, costs, or other money
14paid as a consequence of expungement. This amendatory Act of
15the 93rd General Assembly does not affect the right of the
16victim of a crime to prosecute or defend a civil action for
17damages.
18    (c) The expungement of juvenile records under Section 5-622
19shall be funded by the additional fine imposed under Section
205-9-1.17 of the Unified Code of Corrections and additional
21appropriations made by the General Assembly for such purpose.
22    (9) The changes made to this Section by Public Act 98-61
23this amendatory Act of the 98th General Assembly apply to law
24enforcement records of a minor who has been arrested or taken
25into custody on or after January 1, 2014 (the effective date of
26Public Act 98-61) this amendatory Act.

 

 

09800SB0978sam001- 22 -LRB098 05217 RLC 57749 a

1(Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)".