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| | HB6328 Enrolled | | LRB099 19187 RLC 43579 b |
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1 | | AN ACT concerning State government.
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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 Criminal Identification Act is amended by |
5 | | changing Section 5.2 as follows:
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6 | | (20 ILCS 2630/5.2)
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7 | | Sec. 5.2. Expungement and sealing. |
8 | | (a) General Provisions. |
9 | | (1) Definitions. In this Act, words and phrases have
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10 | | the meanings set forth in this subsection, except when a
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11 | | particular context clearly requires a different meaning. |
12 | | (A) The following terms shall have the meanings |
13 | | ascribed to them in the Unified Code of Corrections, |
14 | | 730 ILCS 5/5-1-2 through 5/5-1-22: |
15 | | (i) Business Offense (730 ILCS 5/5-1-2), |
16 | | (ii) Charge (730 ILCS 5/5-1-3), |
17 | | (iii) Court (730 ILCS 5/5-1-6), |
18 | | (iv) Defendant (730 ILCS 5/5-1-7), |
19 | | (v) Felony (730 ILCS 5/5-1-9), |
20 | | (vi) Imprisonment (730 ILCS 5/5-1-10), |
21 | | (vii) Judgment (730 ILCS 5/5-1-12), |
22 | | (viii) Misdemeanor (730 ILCS 5/5-1-14), |
23 | | (ix) Offense (730 ILCS 5/5-1-15), |
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1 | | (x) Parole (730 ILCS 5/5-1-16), |
2 | | (xi) Petty Offense (730 ILCS 5/5-1-17), |
3 | | (xii) Probation (730 ILCS 5/5-1-18), |
4 | | (xiii) Sentence (730 ILCS 5/5-1-19), |
5 | | (xiv) Supervision (730 ILCS 5/5-1-21), and |
6 | | (xv) Victim (730 ILCS 5/5-1-22). |
7 | | (B) As used in this Section, "charge not initiated |
8 | | by arrest" means a charge (as defined by 730 ILCS |
9 | | 5/5-1-3) brought against a defendant where the |
10 | | defendant is not arrested prior to or as a direct |
11 | | result of the charge. |
12 | | (C) "Conviction" means a judgment of conviction or |
13 | | sentence entered upon a plea of guilty or upon a |
14 | | verdict or finding of guilty of an offense, rendered by |
15 | | a legally constituted jury or by a court of competent |
16 | | jurisdiction authorized to try the case without a jury. |
17 | | An order of supervision successfully completed by the |
18 | | petitioner is not a conviction. An order of qualified |
19 | | probation (as defined in subsection (a)(1)(J)) |
20 | | successfully completed by the petitioner is not a |
21 | | conviction. An order of supervision or an order of |
22 | | qualified probation that is terminated |
23 | | unsatisfactorily is a conviction, unless the |
24 | | unsatisfactory termination is reversed, vacated, or |
25 | | modified and the judgment of conviction, if any, is |
26 | | reversed or vacated. |
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1 | | (D) "Criminal offense" means a petty offense, |
2 | | business offense, misdemeanor, felony, or municipal |
3 | | ordinance violation (as defined in subsection |
4 | | (a)(1)(H)). As used in this Section, a minor traffic |
5 | | offense (as defined in subsection (a)(1)(G)) shall not |
6 | | be considered a criminal offense. |
7 | | (E) "Expunge" means to physically destroy the |
8 | | records or return them to the petitioner and to |
9 | | obliterate the petitioner's name from any official |
10 | | index or public record, or both. Nothing in this Act |
11 | | shall require the physical destruction of the circuit |
12 | | court file, but such records relating to arrests or |
13 | | charges, or both, ordered expunged shall be impounded |
14 | | as required by subsections (d)(9)(A)(ii) and |
15 | | (d)(9)(B)(ii). |
16 | | (F) As used in this Section, "last sentence" means |
17 | | the sentence, order of supervision, or order of |
18 | | qualified probation (as defined by subsection |
19 | | (a)(1)(J)), for a criminal offense (as defined by |
20 | | subsection (a)(1)(D)) that terminates last in time in |
21 | | any jurisdiction, regardless of whether the petitioner |
22 | | has included the criminal offense for which the |
23 | | sentence or order of supervision or qualified |
24 | | probation was imposed in his or her petition. If |
25 | | multiple sentences, orders of supervision, or orders |
26 | | of qualified probation terminate on the same day and |
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1 | | are last in time, they shall be collectively considered |
2 | | the "last sentence" regardless of whether they were |
3 | | ordered to run concurrently. |
4 | | (G) "Minor traffic offense" means a petty offense, |
5 | | business offense, or Class C misdemeanor under the |
6 | | Illinois Vehicle Code or a similar provision of a |
7 | | municipal or local ordinance. |
8 | | (H) "Municipal ordinance violation" means an |
9 | | offense defined by a municipal or local ordinance that |
10 | | is criminal in nature and with which the petitioner was |
11 | | charged or for which the petitioner was arrested and |
12 | | released without charging. |
13 | | (I) "Petitioner" means an adult or a minor |
14 | | prosecuted as an
adult who has applied for relief under |
15 | | this Section. |
16 | | (J) "Qualified probation" means an order of |
17 | | probation under Section 10 of the Cannabis Control Act, |
18 | | Section 410 of the Illinois Controlled Substances Act, |
19 | | Section 70 of the Methamphetamine Control and |
20 | | Community Protection Act, Section 5-6-3.3 or 5-6-3.4 |
21 | | of the Unified Code of Corrections, Section |
22 | | 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (as |
23 | | those provisions existed before their deletion by |
24 | | Public Act 89-313), Section 10-102 of the Illinois |
25 | | Alcoholism and Other Drug Dependency Act, Section |
26 | | 40-10 of the Alcoholism and Other Drug Abuse and |
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1 | | Dependency Act, or Section 10 of the Steroid Control |
2 | | Act. For the purpose of this Section, "successful |
3 | | completion" of an order of qualified probation under |
4 | | Section 10-102 of the Illinois Alcoholism and Other |
5 | | Drug Dependency Act and Section 40-10 of the Alcoholism |
6 | | and Other Drug Abuse and Dependency Act means that the |
7 | | probation was terminated satisfactorily and the |
8 | | judgment of conviction was vacated. |
9 | | (K) "Seal" means to physically and electronically |
10 | | maintain the records, unless the records would |
11 | | otherwise be destroyed due to age, but to make the |
12 | | records unavailable without a court order, subject to |
13 | | the exceptions in Sections 12 and 13 of this Act. The |
14 | | petitioner's name shall also be obliterated from the |
15 | | official index required to be kept by the circuit court |
16 | | clerk under Section 16 of the Clerks of Courts Act, but |
17 | | any index issued by the circuit court clerk before the |
18 | | entry of the order to seal shall not be affected. |
19 | | (L) "Sexual offense committed against a minor" |
20 | | includes but is
not limited to the offenses of indecent |
21 | | solicitation of a child
or criminal sexual abuse when |
22 | | the victim of such offense is
under 18 years of age. |
23 | | (M) "Terminate" as it relates to a sentence or |
24 | | order of supervision or qualified probation includes |
25 | | either satisfactory or unsatisfactory termination of |
26 | | the sentence, unless otherwise specified in this |
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1 | | Section. |
2 | | (2) Minor Traffic Offenses.
Orders of supervision or |
3 | | convictions for minor traffic offenses shall not affect a |
4 | | petitioner's eligibility to expunge or seal records |
5 | | pursuant to this Section. |
6 | | (3) Exclusions. Except as otherwise provided in |
7 | | subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) |
8 | | of this Section, the court shall not order: |
9 | | (A) the sealing or expungement of the records of |
10 | | arrests or charges not initiated by arrest that result |
11 | | in an order of supervision for or conviction of:
(i) |
12 | | any sexual offense committed against a
minor; (ii) |
13 | | Section 11-501 of the Illinois Vehicle Code or a |
14 | | similar provision of a local ordinance; or (iii) |
15 | | Section 11-503 of the Illinois Vehicle Code or a |
16 | | similar provision of a local ordinance, unless the |
17 | | arrest or charge is for a misdemeanor violation of |
18 | | subsection (a) of Section 11-503 or a similar provision |
19 | | of a local ordinance, that occurred prior to the |
20 | | offender reaching the age of 25 years and the offender |
21 | | has no other conviction for violating Section 11-501 or |
22 | | 11-503 of the Illinois Vehicle Code or a similar |
23 | | provision of a local ordinance. |
24 | | (B) the sealing or expungement of records of minor |
25 | | traffic offenses (as defined in subsection (a)(1)(G)), |
26 | | unless the petitioner was arrested and released |
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1 | | without charging. |
2 | | (C) the sealing of the records of arrests or |
3 | | charges not initiated by arrest which result in an |
4 | | order of supervision or a conviction for the following |
5 | | offenses: |
6 | | (i) offenses included in Article 11 of the |
7 | | Criminal Code of 1961 or the Criminal Code of 2012 |
8 | | or a similar provision of a local ordinance, except |
9 | | Section 11-14 of the Criminal Code of 1961 or the |
10 | | Criminal Code of 2012, or a similar provision of a |
11 | | local ordinance; |
12 | | (ii) Section 11-1.50, 12-3.4, 12-15, 12-30, |
13 | | 26-5, or 48-1 of the Criminal Code of 1961 or the |
14 | | Criminal Code of 2012, or a similar provision of a |
15 | | local ordinance; |
16 | | (iii) Sections 12-3.1 or 12-3.2 of the |
17 | | Criminal Code of 1961 or the Criminal Code of 2012, |
18 | | or Section 125 of the Stalking No Contact Order |
19 | | Act, or Section 219 of the Civil No Contact Order |
20 | | Act, or a similar provision of a local ordinance; |
21 | | (iv) offenses which are Class A misdemeanors |
22 | | under the Humane Care for Animals Act; or |
23 | | (v) any offense or attempted offense that |
24 | | would subject a person to registration under the |
25 | | Sex Offender Registration Act. |
26 | | (D) the sealing of the records of an arrest which |
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1 | | results in
the petitioner being charged with a felony |
2 | | offense or records of a charge not initiated by arrest |
3 | | for a felony offense unless: |
4 | | (i) the charge is amended to a misdemeanor and |
5 | | is otherwise
eligible to be sealed pursuant to |
6 | | subsection (c); |
7 | | (ii) the charge is brought along with another |
8 | | charge as a part of one case and the charge results |
9 | | in acquittal, dismissal, or conviction when the |
10 | | conviction was reversed or vacated, and another |
11 | | charge brought in the same case results in a |
12 | | disposition for a misdemeanor offense that is |
13 | | eligible to be sealed pursuant to subsection (c) or |
14 | | a disposition listed in paragraph (i), (iii), or |
15 | | (iv) of this subsection; |
16 | | (iii) the charge results in first offender |
17 | | probation as set forth in subsection (c)(2)(E); |
18 | | (iv) the charge is for a felony offense listed |
19 | | in subsection (c)(2)(F) or the charge is amended to |
20 | | a felony offense listed in subsection (c)(2)(F); |
21 | | (v) the charge results in acquittal, |
22 | | dismissal, or the petitioner's release without |
23 | | conviction; or |
24 | | (vi) the charge results in a conviction, but |
25 | | the conviction was reversed or vacated. |
26 | | (b) Expungement. |
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1 | | (1) A petitioner may petition the circuit court to |
2 | | expunge the
records of his or her arrests and charges not |
3 | | initiated by arrest when each : |
4 | | (A) He or she has never been convicted of a |
5 | | criminal offense; and |
6 | | (B) Each arrest or charge not initiated by arrest
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7 | | sought to be expunged resulted in:
(i) acquittal, |
8 | | dismissal, or the petitioner's release without |
9 | | charging, unless excluded by subsection (a)(3)(B);
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10 | | (ii) a conviction which was vacated or reversed, unless |
11 | | excluded by subsection (a)(3)(B);
(iii) an order of |
12 | | supervision and such supervision was successfully |
13 | | completed by the petitioner, unless excluded by |
14 | | subsection (a)(3)(A) or (a)(3)(B); or
(iv) an order of |
15 | | qualified probation (as defined in subsection |
16 | | (a)(1)(J)) and such probation was successfully |
17 | | completed by the petitioner. |
18 | | (1.5) When a petitioner seeks to have a record of |
19 | | arrest expunged under this Section, and the offender has |
20 | | been convicted of a criminal offense, the State's Attorney |
21 | | may object to the expungement on the grounds that the |
22 | | records contain specific relevant information aside from |
23 | | the mere fact of the arrest. |
24 | | (2) Time frame for filing a petition to expunge. |
25 | | (A) When the arrest or charge not initiated by |
26 | | arrest sought to be expunged resulted in an acquittal, |
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1 | | dismissal, the petitioner's release without charging, |
2 | | or the reversal or vacation of a conviction, there is |
3 | | no waiting period to petition for the expungement of |
4 | | such records. |
5 | | (B) When the arrest or charge not initiated by |
6 | | arrest
sought to be expunged resulted in an order of |
7 | | supervision, successfully
completed by the petitioner, |
8 | | the following time frames will apply: |
9 | | (i) Those arrests or charges that resulted in |
10 | | orders of
supervision under Section 3-707, 3-708, |
11 | | 3-710, or 5-401.3 of the Illinois Vehicle Code or a |
12 | | similar provision of a local ordinance, or under |
13 | | Section 11-1.50, 12-3.2, or 12-15 of the Criminal |
14 | | Code of 1961 or the Criminal Code of 2012, or a |
15 | | similar provision of a local ordinance, shall not |
16 | | be eligible for expungement until 5 years have |
17 | | passed following the satisfactory termination of |
18 | | the supervision. |
19 | | (i-5) Those arrests or charges that resulted |
20 | | in orders of supervision for a misdemeanor |
21 | | violation of subsection (a) of Section 11-503 of |
22 | | the Illinois Vehicle Code or a similar provision of |
23 | | a local ordinance, that occurred prior to the |
24 | | offender reaching the age of 25 years and the |
25 | | offender has no other conviction for violating |
26 | | Section 11-501 or 11-503 of the Illinois Vehicle |
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1 | | Code or a similar provision of a local ordinance |
2 | | shall not be eligible for expungement until the |
3 | | petitioner has reached the age of 25 years. |
4 | | (ii) Those arrests or charges that resulted in |
5 | | orders
of supervision for any other offenses shall |
6 | | not be
eligible for expungement until 2 years have |
7 | | passed
following the satisfactory termination of |
8 | | the supervision. |
9 | | (C) When the arrest or charge not initiated by |
10 | | arrest sought to
be expunged resulted in an order of |
11 | | qualified probation, successfully
completed by the |
12 | | petitioner, such records shall not be eligible for
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13 | | expungement until 5 years have passed following the |
14 | | satisfactory
termination of the probation. |
15 | | (3) Those records maintained by the Department for
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16 | | persons arrested prior to their 17th birthday shall be
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17 | | expunged as provided in Section 5-915 of the Juvenile Court
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18 | | Act of 1987. |
19 | | (4) Whenever a person has been arrested for or |
20 | | convicted of any
offense, in the name of a person whose |
21 | | identity he or she has stolen or otherwise
come into |
22 | | possession of, the aggrieved person from whom the identity
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23 | | was stolen or otherwise obtained without authorization,
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24 | | upon learning of the person having been arrested using his
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25 | | or her identity, may, upon verified petition to the chief |
26 | | judge of
the circuit wherein the arrest was made, have a |
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1 | | court order
entered nunc pro tunc by the Chief Judge to |
2 | | correct the
arrest record, conviction record, if any, and |
3 | | all official
records of the arresting authority, the |
4 | | Department, other
criminal justice agencies, the |
5 | | prosecutor, and the trial
court concerning such arrest, if |
6 | | any, by removing his or her name
from all such records in |
7 | | connection with the arrest and
conviction, if any, and by |
8 | | inserting in the records the
name of the offender, if known |
9 | | or ascertainable, in lieu of
the aggrieved's name. The |
10 | | records of the circuit court clerk shall be sealed until |
11 | | further order of
the court upon good cause shown and the |
12 | | name of the
aggrieved person obliterated on the official |
13 | | index
required to be kept by the circuit court clerk under
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14 | | Section 16 of the Clerks of Courts Act, but the order shall
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15 | | not affect any index issued by the circuit court clerk
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16 | | before the entry of the order. Nothing in this Section
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17 | | shall limit the Department of State Police or other
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18 | | criminal justice agencies or prosecutors from listing
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19 | | under an offender's name the false names he or she has
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20 | | used. |
21 | | (5) Whenever a person has been convicted of criminal
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22 | | sexual assault, aggravated criminal sexual assault,
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23 | | predatory criminal sexual assault of a child, criminal
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24 | | sexual abuse, or aggravated criminal sexual abuse, the
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25 | | victim of that offense may request that the State's
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26 | | Attorney of the county in which the conviction occurred
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1 | | file a verified petition with the presiding trial judge at
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2 | | the petitioner's trial to have a court order entered to |
3 | | seal
the records of the circuit court clerk in connection
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4 | | with the proceedings of the trial court concerning that
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5 | | offense. However, the records of the arresting authority
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6 | | and the Department of State Police concerning the offense
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7 | | shall not be sealed. The court, upon good cause shown,
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8 | | shall make the records of the circuit court clerk in
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9 | | connection with the proceedings of the trial court
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10 | | concerning the offense available for public inspection. |
11 | | (6) If a conviction has been set aside on direct review
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12 | | or on collateral attack and the court determines by clear
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13 | | and convincing evidence that the petitioner was factually
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14 | | innocent of the charge, the court that finds the petitioner |
15 | | factually innocent of the charge shall enter an
expungement |
16 | | order for the conviction for which the petitioner has been |
17 | | determined to be innocent as provided in subsection (b) of |
18 | | Section
5-5-4 of the Unified Code of Corrections. |
19 | | (7) Nothing in this Section shall prevent the |
20 | | Department of
State Police from maintaining all records of |
21 | | any person who
is admitted to probation upon terms and |
22 | | conditions and who
fulfills those terms and conditions |
23 | | pursuant to Section 10
of the Cannabis Control Act, Section |
24 | | 410 of the Illinois
Controlled Substances Act, Section 70 |
25 | | of the
Methamphetamine Control and Community Protection |
26 | | Act,
Section 5-6-3.3 or 5-6-3.4 of the Unified Code of |
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1 | | Corrections, Section 12-4.3 or subdivision (b)(1) of |
2 | | Section 12-3.05 of the Criminal Code of 1961 or the |
3 | | Criminal Code of 2012, Section 10-102
of the Illinois |
4 | | Alcoholism and Other Drug Dependency Act,
Section 40-10 of |
5 | | the Alcoholism and Other Drug Abuse and
Dependency Act, or |
6 | | Section 10 of the Steroid Control Act. |
7 | | (8) If the petitioner has been granted a certificate of |
8 | | innocence under Section 2-702 of the Code of Civil |
9 | | Procedure, the court that grants the certificate of |
10 | | innocence shall also enter an order expunging the |
11 | | conviction for which the petitioner has been determined to |
12 | | be innocent as provided in subsection (h) of Section 2-702 |
13 | | of the Code of Civil Procedure. |
14 | | (c) Sealing. |
15 | | (1) Applicability. Notwithstanding any other provision |
16 | | of this Act to the contrary, and cumulative with any rights |
17 | | to expungement of criminal records, this subsection |
18 | | authorizes the sealing of criminal records of adults and of |
19 | | minors prosecuted as adults. |
20 | | (2) Eligible Records. The following records may be |
21 | | sealed: |
22 | | (A) All arrests resulting in release without |
23 | | charging; |
24 | | (B) Arrests or charges not initiated by arrest |
25 | | resulting in acquittal, dismissal, or conviction when |
26 | | the conviction was reversed or vacated, except as |
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1 | | excluded by subsection (a)(3)(B); |
2 | | (C) Arrests or charges not initiated by arrest |
3 | | resulting in orders of supervision, including orders |
4 | | of supervision for municipal ordinance violations, |
5 | | successfully completed by the petitioner, unless |
6 | | excluded by subsection (a)(3); |
7 | | (D) Arrests or charges not initiated by arrest |
8 | | resulting in convictions, including convictions on |
9 | | municipal ordinance violations, unless excluded by |
10 | | subsection (a)(3); |
11 | | (E) Arrests or charges not initiated by arrest |
12 | | resulting in orders of first offender probation under |
13 | | Section 10 of the Cannabis Control Act, Section 410 of |
14 | | the Illinois Controlled Substances Act, Section 70 of |
15 | | the Methamphetamine Control and Community Protection |
16 | | Act, or Section 5-6-3.3 of the Unified Code of |
17 | | Corrections; and |
18 | | (F) Arrests or charges not initiated by arrest |
19 | | resulting in felony convictions for the following |
20 | | offenses: |
21 | | (i) Class 4 felony convictions for: |
22 | | Prostitution under Section 11-14 of the |
23 | | Criminal Code of 1961 or the Criminal Code of |
24 | | 2012. |
25 | | Possession of cannabis under Section 4 of |
26 | | the Cannabis Control Act. |
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1 | | Possession of a controlled substance under |
2 | | Section 402 of the Illinois Controlled |
3 | | Substances Act. |
4 | | Offenses under the Methamphetamine |
5 | | Precursor Control Act. |
6 | | Offenses under the Steroid Control Act. |
7 | | Theft under Section 16-1 of the Criminal |
8 | | Code of 1961 or the Criminal Code of 2012. |
9 | | Retail theft under Section 16A-3 or |
10 | | paragraph (a) of 16-25 of the Criminal Code of |
11 | | 1961 or the Criminal Code of 2012. |
12 | | Deceptive practices under Section 17-1 of |
13 | | the Criminal Code of 1961 or the Criminal Code |
14 | | of 2012. |
15 | | Forgery under Section 17-3 of the Criminal |
16 | | Code of 1961 or the Criminal Code of 2012. |
17 | | Possession of burglary tools under Section |
18 | | 19-2 of the Criminal Code of 1961 or the |
19 | | Criminal Code of 2012. |
20 | | (ii) Class 3 felony convictions for: |
21 | | Theft under Section 16-1 of the Criminal |
22 | | Code of 1961 or the Criminal Code of 2012. |
23 | | Retail theft under Section 16A-3 or |
24 | | paragraph (a) of 16-25 of the Criminal Code of |
25 | | 1961 or the Criminal Code of 2012. |
26 | | Deceptive practices under Section 17-1 of |
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1 | | the Criminal Code of 1961 or the Criminal Code |
2 | | of 2012. |
3 | | Forgery under Section 17-3 of the Criminal |
4 | | Code of 1961 or the Criminal Code of 2012. |
5 | | Possession with intent to manufacture or |
6 | | deliver a controlled substance under Section |
7 | | 401 of the Illinois Controlled Substances Act. |
8 | | (3) When Records Are Eligible to Be Sealed. Records |
9 | | identified as eligible under subsection (c)(2) may be |
10 | | sealed as follows: |
11 | | (A) Records identified as eligible under |
12 | | subsection (c)(2)(A) and (c)(2)(B) may be sealed at any |
13 | | time. |
14 | | (B) Except as otherwise provided in subparagraph |
15 | | (E) of this paragraph (3), records identified as |
16 | | eligible under subsection (c)(2)(C) may be sealed
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17 | | years after the termination of petitioner's last |
18 | | sentence (as defined in subsection (a)(1)(F)). |
19 | | (C) Except as otherwise provided in subparagraph |
20 | | (E) of this paragraph (3), records identified as |
21 | | eligible under subsections (c)(2)(D), (c)(2)(E), and |
22 | | (c)(2)(F) may be sealed 3 years after the termination |
23 | | of the petitioner's last sentence (as defined in |
24 | | subsection (a)(1)(F)). |
25 | | (D) Records identified in subsection |
26 | | (a)(3)(A)(iii) may be sealed after the petitioner has |
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1 | | reached the age of 25 years. |
2 | | (E) Records identified as eligible under |
3 | | subsections (c)(2)(C), (c)(2)(D), (c)(2)(E), or |
4 | | (c)(2)(F) may be sealed upon termination of the |
5 | | petitioner's last sentence if the petitioner earned a |
6 | | high school diploma, associate's degree, career |
7 | | certificate, vocational technical certification, or |
8 | | bachelor's degree, or passed the high school level Test |
9 | | of General Educational Development, during the period |
10 | | of his or her sentence, aftercare release, or mandatory |
11 | | supervised release. This subparagraph shall apply only |
12 | | to a petitioner who has not completed the same |
13 | | educational goal prior to the period of his or her |
14 | | sentence, aftercare release, or mandatory supervised |
15 | | release. If a petition for sealing eligible records |
16 | | filed under this subparagraph is denied by the court, |
17 | | the time periods under subparagraph (B) or (C) shall |
18 | | apply to any subsequent petition for sealing filed by |
19 | | the petitioner. |
20 | | (4) Subsequent felony convictions. A person may not |
21 | | have
subsequent felony conviction records sealed as |
22 | | provided in this subsection
(c) if he or she is convicted |
23 | | of any felony offense after the date of the
sealing of |
24 | | prior felony convictions as provided in this subsection |
25 | | (c). The court may, upon conviction for a subsequent felony |
26 | | offense, order the unsealing of prior felony conviction |
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1 | | records previously ordered sealed by the court. |
2 | | (5) Notice of eligibility for sealing. Upon entry of a |
3 | | disposition for an eligible record under this subsection |
4 | | (c), the petitioner shall be informed by the court of the |
5 | | right to have the records sealed and the procedures for the |
6 | | sealing of the records. |
7 | | (d) Procedure. The following procedures apply to |
8 | | expungement under subsections (b), (e), and (e-6) and sealing |
9 | | under subsections (c) and (e-5): |
10 | | (1) Filing the petition. Upon becoming eligible to |
11 | | petition for
the expungement or sealing of records under |
12 | | this Section, the petitioner shall file a petition |
13 | | requesting the expungement
or sealing of records with the |
14 | | clerk of the court where the arrests occurred or the |
15 | | charges were brought, or both. If arrests occurred or |
16 | | charges were brought in multiple jurisdictions, a petition |
17 | | must be filed in each such jurisdiction. The petitioner |
18 | | shall pay the applicable fee, except no fee shall be |
19 | | required if the petitioner has obtained a court order |
20 | | waiving fees under Supreme Court Rule 298 or it is |
21 | | otherwise waived if not waived . |
22 | | (1.5) County fee waiver pilot program.
In a county of |
23 | | 3,000,000 or more inhabitants, no fee shall be required to |
24 | | be paid by a petitioner if the records sought to be |
25 | | expunged or sealed were arrests resulting in release |
26 | | without charging or arrests or charges not initiated by |
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1 | | arrest resulting in acquittal, dismissal, or conviction |
2 | | when the conviction was reversed or vacated, unless |
3 | | excluded by subsection (a)(3)(B). The provisions of this |
4 | | paragraph (1.5), other than this sentence, are inoperative |
5 | | on and after January 1, 2018 or one year after the |
6 | | effective date of this amendatory Act of the 99th General |
7 | | Assembly, whichever is later. |
8 | | (2) Contents of petition. The petition shall be
|
9 | | verified and shall contain the petitioner's name, date of
|
10 | | birth, current address and, for each arrest or charge not |
11 | | initiated by
arrest sought to be sealed or expunged, the |
12 | | case number, the date of
arrest (if any), the identity of |
13 | | the arresting authority, and such
other information as the |
14 | | court may require. During the pendency
of the proceeding, |
15 | | the petitioner shall promptly notify the
circuit court |
16 | | clerk of any change of his or her address. If the |
17 | | petitioner has received a certificate of eligibility for |
18 | | sealing from the Prisoner Review Board under paragraph (10) |
19 | | of subsection (a) of Section 3-3-2 of the Unified Code of |
20 | | Corrections, the certificate shall be attached to the |
21 | | petition. |
22 | | (3) Drug test. The petitioner must attach to the |
23 | | petition proof that the petitioner has passed a test taken |
24 | | within 30 days before the filing of the petition showing |
25 | | the absence within his or her body of all illegal |
26 | | substances as defined by the Illinois Controlled |
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1 | | Substances Act, the Methamphetamine Control and Community |
2 | | Protection Act, and the Cannabis Control Act if he or she |
3 | | is petitioning to: |
4 | | (A) seal felony records under clause (c)(2)(E); |
5 | | (B) seal felony records for a violation of the |
6 | | Illinois Controlled Substances Act, the |
7 | | Methamphetamine Control and Community Protection Act, |
8 | | or the Cannabis Control Act under clause (c)(2)(F); |
9 | | (C) seal felony records under subsection (e-5); or |
10 | | (D) expunge felony records of a qualified |
11 | | probation under clause (b)(1) (B) (iv). |
12 | | (4) Service of petition. The circuit court clerk shall |
13 | | promptly
serve a copy of the petition and documentation to |
14 | | support the petition under subsection (e-5) or (e-6) on the |
15 | | State's Attorney or
prosecutor charged with the duty of |
16 | | prosecuting the
offense, the Department of State Police, |
17 | | the arresting
agency and the chief legal officer of the |
18 | | unit of local
government effecting the arrest. |
19 | | (5) Objections. |
20 | | (A) Any party entitled to notice of the petition |
21 | | may file an objection to the petition. All objections |
22 | | shall be in writing, shall be filed with the circuit |
23 | | court clerk, and shall state with specificity the basis |
24 | | of the objection. Whenever a person who has been |
25 | | convicted of an offense is granted
a pardon by the |
26 | | Governor which specifically authorizes expungement, an |
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1 | | objection to the petition may not be filed. |
2 | | (B) Objections to a petition to expunge or seal |
3 | | must be filed within 60 days of the date of service of |
4 | | the petition. |
5 | | (6) Entry of order. |
6 | | (A) The Chief Judge of the circuit wherein the |
7 | | charge was brought, any judge of that circuit |
8 | | designated by the Chief Judge, or in counties of less |
9 | | than 3,000,000 inhabitants, the presiding trial judge |
10 | | at the petitioner's trial, if any, shall rule on the |
11 | | petition to expunge or seal as set forth in this |
12 | | subsection (d)(6). |
13 | | (B) Unless the State's Attorney or prosecutor, the |
14 | | Department of
State Police, the arresting agency, or |
15 | | the chief legal officer
files an objection to the |
16 | | petition to expunge or seal within 60 days from the |
17 | | date of service of the petition, the court shall enter |
18 | | an order granting or denying the petition. |
19 | | (7) Hearings. If an objection is filed, the court shall |
20 | | set a date for a hearing and notify the petitioner and all |
21 | | parties entitled to notice of the petition of the hearing |
22 | | date at least 30 days prior to the hearing. Prior to the |
23 | | hearing, the State's Attorney shall consult with the |
24 | | Department as to the appropriateness of the relief sought |
25 | | in the petition to expunge or seal. At the hearing, the |
26 | | court shall hear evidence on whether the petition should or |
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1 | | should not be granted, and shall grant or deny the petition |
2 | | to expunge or seal the records based on the evidence |
3 | | presented at the hearing. The court may consider the |
4 | | following: |
5 | | (A) the strength of the evidence supporting the |
6 | | defendant's conviction; |
7 | | (B) the reasons for retention of the conviction |
8 | | records by the State; |
9 | | (C) the petitioner's age, criminal record history, |
10 | | and employment history; |
11 | | (D) the period of time between the petitioner's |
12 | | arrest on the charge resulting in the conviction and |
13 | | the filing of the petition under this Section; and |
14 | | (E) the specific adverse consequences the |
15 | | petitioner may be subject to if the petition is denied. |
16 | | (8) Service of order. After entering an order to |
17 | | expunge or
seal records, the court must provide copies of |
18 | | the order to the
Department, in a form and manner |
19 | | prescribed by the Department,
to the petitioner, to the |
20 | | State's Attorney or prosecutor
charged with the duty of |
21 | | prosecuting the offense, to the
arresting agency, to the |
22 | | chief legal officer of the unit of
local government |
23 | | effecting the arrest, and to such other
criminal justice |
24 | | agencies as may be ordered by the court. |
25 | | (9) Implementation of order. |
26 | | (A) Upon entry of an order to expunge records |
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1 | | pursuant to (b)(2)(A) or (b)(2)(B)(ii), or both: |
2 | | (i) the records shall be expunged (as defined |
3 | | in subsection (a)(1)(E)) by the arresting agency, |
4 | | the Department, and any other agency as ordered by |
5 | | the court, within 60 days of the date of service of |
6 | | the order, unless a motion to vacate, modify, or |
7 | | reconsider the order is filed pursuant to |
8 | | paragraph (12) of subsection (d) of this Section; |
9 | | (ii) the records of the circuit court clerk |
10 | | shall be impounded until further order of the court |
11 | | upon good cause shown and the name of the |
12 | | petitioner obliterated on the official index |
13 | | required to be kept by the circuit court clerk |
14 | | under Section 16 of the Clerks of Courts Act, but |
15 | | the order shall not affect any index issued by the |
16 | | circuit court clerk before the entry of the order; |
17 | | and |
18 | | (iii) in response to an inquiry for expunged |
19 | | records, the court, the Department, or the agency |
20 | | receiving such inquiry, shall reply as it does in |
21 | | response to inquiries when no records ever |
22 | | existed. |
23 | | (B) Upon entry of an order to expunge records |
24 | | pursuant to (b)(2)(B)(i) or (b)(2)(C), or both: |
25 | | (i) the records shall be expunged (as defined |
26 | | in subsection (a)(1)(E)) by the arresting agency |
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1 | | and any other agency as ordered by the court, |
2 | | within 60 days of the date of service of the order, |
3 | | unless a motion to vacate, modify, or reconsider |
4 | | the order is filed pursuant to paragraph (12) of |
5 | | subsection (d) of this Section; |
6 | | (ii) the records of the circuit court clerk |
7 | | shall be impounded until further order of the court |
8 | | upon good cause shown and the name of the |
9 | | petitioner obliterated on the official index |
10 | | required to be kept by the circuit court clerk |
11 | | under Section 16 of the Clerks of Courts Act, but |
12 | | the order shall not affect any index issued by the |
13 | | circuit court clerk before the entry of the order; |
14 | | (iii) the records shall be impounded by the
|
15 | | Department within 60 days of the date of service of |
16 | | the order as ordered by the court, unless a motion |
17 | | to vacate, modify, or reconsider the order is filed |
18 | | pursuant to paragraph (12) of subsection (d) of |
19 | | this Section; |
20 | | (iv) records impounded by the Department may |
21 | | be disseminated by the Department only as required |
22 | | by law or to the arresting authority, the State's |
23 | | Attorney, and the court upon a later arrest for the |
24 | | same or a similar offense or for the purpose of |
25 | | sentencing for any subsequent felony, and to the |
26 | | Department of Corrections upon conviction for any |
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1 | | offense; and |
2 | | (v) in response to an inquiry for such records |
3 | | from anyone not authorized by law to access such |
4 | | records, the court, the Department, or the agency |
5 | | receiving such inquiry shall reply as it does in |
6 | | response to inquiries when no records ever |
7 | | existed. |
8 | | (B-5) Upon entry of an order to expunge records |
9 | | under subsection (e-6): |
10 | | (i) the records shall be expunged (as defined |
11 | | in subsection (a)(1)(E)) by the arresting agency |
12 | | and any other agency as ordered by the court, |
13 | | within 60 days of the date of service of the order, |
14 | | unless a motion to vacate, modify, or reconsider |
15 | | the order is filed under paragraph (12) of |
16 | | subsection (d) of this Section; |
17 | | (ii) the records of the circuit court clerk |
18 | | shall be impounded until further order of the court |
19 | | upon good cause shown and the name of the |
20 | | petitioner obliterated on the official index |
21 | | required to be kept by the circuit court clerk |
22 | | under Section 16 of the Clerks of Courts Act, but |
23 | | the order shall not affect any index issued by the |
24 | | circuit court clerk before the entry of the order; |
25 | | (iii) the records shall be impounded by the
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26 | | Department within 60 days of the date of service of |
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1 | | the order as ordered by the court, unless a motion |
2 | | to vacate, modify, or reconsider the order is filed |
3 | | under paragraph (12) of subsection (d) of this |
4 | | Section; |
5 | | (iv) records impounded by the Department may |
6 | | be disseminated by the Department only as required |
7 | | by law or to the arresting authority, the State's |
8 | | Attorney, and the court upon a later arrest for the |
9 | | same or a similar offense or for the purpose of |
10 | | sentencing for any subsequent felony, and to the |
11 | | Department of Corrections upon conviction for any |
12 | | offense; and |
13 | | (v) in response to an inquiry for these records |
14 | | from anyone not authorized by law to access the |
15 | | records, the court, the Department, or the agency |
16 | | receiving the inquiry shall reply as it does in |
17 | | response to inquiries when no records ever |
18 | | existed. |
19 | | (C) Upon entry of an order to seal records under |
20 | | subsection
(c), the arresting agency, any other agency |
21 | | as ordered by the court, the Department, and the court |
22 | | shall seal the records (as defined in subsection |
23 | | (a)(1)(K)). In response to an inquiry for such records, |
24 | | from anyone not authorized by law to access such |
25 | | records, the court, the Department, or the agency |
26 | | receiving such inquiry shall reply as it does in |
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1 | | response to inquiries when no records ever existed. |
2 | | (D) The Department shall send written notice to the |
3 | | petitioner of its compliance with each order to expunge |
4 | | or seal records within 60 days of the date of service |
5 | | of that order or, if a motion to vacate, modify, or |
6 | | reconsider is filed, within 60 days of service of the |
7 | | order resolving the motion, if that order requires the |
8 | | Department to expunge or seal records. In the event of |
9 | | an appeal from the circuit court order, the Department |
10 | | shall send written notice to the petitioner of its |
11 | | compliance with an Appellate Court or Supreme Court |
12 | | judgment to expunge or seal records within 60 days of |
13 | | the issuance of the court's mandate. The notice is not |
14 | | required while any motion to vacate, modify, or |
15 | | reconsider, or any appeal or petition for |
16 | | discretionary appellate review, is pending. |
17 | | (10) Fees. The Department may charge the petitioner a |
18 | | fee equivalent to the cost of processing any order to |
19 | | expunge or seal records. Notwithstanding any provision of |
20 | | the Clerks of Courts Act to the contrary, the circuit court |
21 | | clerk may charge a fee equivalent to the cost associated |
22 | | with the sealing or expungement of records by the circuit |
23 | | court clerk. From the total filing fee collected for the |
24 | | petition to seal or expunge, the circuit court clerk shall |
25 | | deposit $10 into the Circuit Court Clerk Operation and |
26 | | Administrative Fund, to be used to offset the costs |
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1 | | incurred by the circuit court clerk in performing the |
2 | | additional duties required to serve the petition to seal or |
3 | | expunge on all parties. The circuit court clerk shall |
4 | | collect and forward the Department of State Police portion |
5 | | of the fee to the Department and it shall be deposited in |
6 | | the State Police Services Fund. |
7 | | (11) Final Order. No court order issued under the |
8 | | expungement or sealing provisions of this Section shall |
9 | | become final for purposes of appeal until 30 days after |
10 | | service of the order on the petitioner and all parties |
11 | | entitled to notice of the petition. |
12 | | (12) Motion to Vacate, Modify, or Reconsider. Under |
13 | | Section 2-1203 of the Code of Civil Procedure, the |
14 | | petitioner or any party entitled to notice may file a |
15 | | motion to vacate, modify, or reconsider the order granting |
16 | | or denying the petition to expunge or seal within 60 days |
17 | | of service of the order. If filed more than 60 days after |
18 | | service of the order, a petition to vacate, modify, or |
19 | | reconsider shall comply with subsection (c) of Section |
20 | | 2-1401 of the Code of Civil Procedure. Upon filing of a |
21 | | motion to vacate, modify, or reconsider, notice of the |
22 | | motion shall be served upon the petitioner and all parties |
23 | | entitled to notice of the petition. |
24 | | (13) Effect of Order. An order granting a petition |
25 | | under the expungement or sealing provisions of this Section |
26 | | shall not be considered void because it fails to comply |
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1 | | with the provisions of this Section or because of any error |
2 | | asserted in a motion to vacate, modify, or reconsider. The |
3 | | circuit court retains jurisdiction to determine whether |
4 | | the order is voidable and to vacate, modify, or reconsider |
5 | | its terms based on a motion filed under paragraph (12) of |
6 | | this subsection (d). |
7 | | (14) Compliance with Order Granting Petition to Seal |
8 | | Records. Unless a court has entered a stay of an order |
9 | | granting a petition to seal, all parties entitled to notice |
10 | | of the petition must fully comply with the terms of the |
11 | | order within 60 days of service of the order even if a |
12 | | party is seeking relief from the order through a motion |
13 | | filed under paragraph (12) of this subsection (d) or is |
14 | | appealing the order. |
15 | | (15) Compliance with Order Granting Petition to |
16 | | Expunge Records. While a party is seeking relief from the |
17 | | order granting the petition to expunge through a motion |
18 | | filed under paragraph (12) of this subsection (d) or is |
19 | | appealing the order, and unless a court has entered a stay |
20 | | of that order, the parties entitled to notice of the |
21 | | petition must seal, but need not expunge, the records until |
22 | | there is a final order on the motion for relief or, in the |
23 | | case of an appeal, the issuance of that court's mandate. |
24 | | (16) The changes to this subsection (d) made by Public |
25 | | Act 98-163 apply to all petitions pending on August 5, 2013 |
26 | | (the effective date of Public Act 98-163) and to all orders |
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1 | | ruling on a petition to expunge or seal on or after August |
2 | | 5, 2013 (the effective date of Public Act 98-163). |
3 | | (e) Whenever a person who has been convicted of an offense |
4 | | is granted
a pardon by the Governor which specifically |
5 | | authorizes expungement, he or she may,
upon verified petition |
6 | | to the Chief Judge of the circuit where the person had
been |
7 | | convicted, any judge of the circuit designated by the Chief |
8 | | Judge, or in
counties of less than 3,000,000 inhabitants, the |
9 | | presiding trial judge at the
defendant's trial, have a court |
10 | | order entered expunging the record of
arrest from the official |
11 | | records of the arresting authority and order that the
records |
12 | | of the circuit court clerk and the Department be sealed until
|
13 | | further order of the court upon good cause shown or as |
14 | | otherwise provided
herein, and the name of the defendant |
15 | | obliterated from the official index
requested to be kept by the |
16 | | circuit court clerk under Section 16 of the Clerks
of Courts |
17 | | Act in connection with the arrest and conviction for the |
18 | | offense for
which he or she had been pardoned but the order |
19 | | shall not affect any index issued by
the circuit court clerk |
20 | | before the entry of the order. All records sealed by
the |
21 | | Department may be disseminated by the Department only to the |
22 | | arresting authority, the State's Attorney, and the court upon a |
23 | | later
arrest for the same or similar offense or for the purpose |
24 | | of sentencing for any
subsequent felony. Upon conviction for |
25 | | any subsequent offense, the Department
of Corrections shall |
26 | | have access to all sealed records of the Department
pertaining |
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1 | | to that individual. Upon entry of the order of expungement, the
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2 | | circuit court clerk shall promptly mail a copy of the order to |
3 | | the
person who was pardoned. |
4 | | (e-5) Whenever a person who has been convicted of an |
5 | | offense is granted a certificate of eligibility for sealing by |
6 | | the Prisoner Review Board which specifically authorizes |
7 | | sealing, he or she may, upon verified petition to the Chief |
8 | | Judge of the circuit where the person had been convicted, any |
9 | | judge of the circuit designated by the Chief Judge, or in |
10 | | counties of less than 3,000,000 inhabitants, the presiding |
11 | | trial judge at the petitioner's trial, have a court order |
12 | | entered sealing the record of arrest from the official records |
13 | | of the arresting authority and order that the records of the |
14 | | circuit court clerk and the Department be sealed until further |
15 | | order of the court upon good cause shown or as otherwise |
16 | | provided herein, and the name of the petitioner obliterated |
17 | | from the official index requested to be kept by the circuit |
18 | | court clerk under Section 16 of the Clerks of Courts Act in |
19 | | connection with the arrest and conviction for the offense for |
20 | | which he or she had been granted the certificate but the order |
21 | | shall not affect any index issued by the circuit court clerk |
22 | | before the entry of the order. All records sealed by the |
23 | | Department may be disseminated by the Department only as |
24 | | required by this Act or to the arresting authority, a law |
25 | | enforcement agency, the State's Attorney, and the court upon a |
26 | | later arrest for the same or similar offense or for the purpose |
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1 | | of sentencing for any subsequent felony. Upon conviction for |
2 | | any subsequent offense, the Department of Corrections shall |
3 | | have access to all sealed records of the Department pertaining |
4 | | to that individual. Upon entry of the order of sealing, the |
5 | | circuit court clerk shall promptly mail a copy of the order to |
6 | | the person who was granted the certificate of eligibility for |
7 | | sealing. |
8 | | (e-6) Whenever a person who has been convicted of an |
9 | | offense is granted a certificate of eligibility for expungement |
10 | | by the Prisoner Review Board which specifically authorizes |
11 | | expungement, he or she may, upon verified petition to the Chief |
12 | | Judge of the circuit where the person had been convicted, any |
13 | | judge of the circuit designated by the Chief Judge, or in |
14 | | counties of less than 3,000,000 inhabitants, the presiding |
15 | | trial judge at the petitioner's trial, have a court order |
16 | | entered expunging the record of arrest from the official |
17 | | records of the arresting authority and order that the records |
18 | | of the circuit court clerk and the Department be sealed until |
19 | | further order of the court upon good cause shown or as |
20 | | otherwise provided herein, and the name of the petitioner |
21 | | obliterated from the official index requested to be kept by the |
22 | | circuit court clerk under Section 16 of the Clerks of Courts |
23 | | Act in connection with the arrest and conviction for the |
24 | | offense for which he or she had been granted the certificate |
25 | | but the order shall not affect any index issued by the circuit |
26 | | court clerk before the entry of the order. All records sealed |
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1 | | by the Department may be disseminated by the Department only as |
2 | | required by this Act or to the arresting authority, a law |
3 | | enforcement agency, the State's Attorney, and the court upon a |
4 | | later arrest for the same or similar offense or for the purpose |
5 | | of sentencing for any subsequent felony. Upon conviction for |
6 | | any subsequent offense, the Department of Corrections shall |
7 | | have access to all expunged records of the Department |
8 | | pertaining to that individual. Upon entry of the order of |
9 | | expungement, the circuit court clerk shall promptly mail a copy |
10 | | of the order to the person who was granted the certificate of |
11 | | eligibility for expungement. |
12 | | (f) Subject to available funding, the Illinois Department
|
13 | | of Corrections shall conduct a study of the impact of sealing,
|
14 | | especially on employment and recidivism rates, utilizing a
|
15 | | random sample of those who apply for the sealing of their
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16 | | criminal records under Public Act 93-211. At the request of the
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17 | | Illinois Department of Corrections, records of the Illinois
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18 | | Department of Employment Security shall be utilized as
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19 | | appropriate to assist in the study. The study shall not
|
20 | | disclose any data in a manner that would allow the
|
21 | | identification of any particular individual or employing unit.
|
22 | | The study shall be made available to the General Assembly no
|
23 | | later than September 1, 2010.
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24 | | (Source: P.A. 98-133, eff. 1-1-14; 98-142, eff. 1-1-14; 98-163, |
25 | | eff. 8-5-13; 98-164, eff. 1-1-14; 98-399, eff. 8-16-13; 98-635, |
26 | | eff. 1-1-15; 98-637, eff. 1-1-15; 98-756, eff. 7-16-14; |
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1 | | 98-1009, eff. 1-1-15; 99-78, eff. 7-20-15; 99-378, eff. 1-1-16; |
2 | | 99-385, eff. 1-1-16; revised 10-15-15.)
|
3 | | Section 10. The Juvenile Court Act of 1987 is amended by |
4 | | changing Section 5-915 as follows:
|
5 | | (705 ILCS 405/5-915)
|
6 | | Sec. 5-915. Expungement of juvenile law enforcement and |
7 | | court records.
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8 | | (0.05) For purposes of this Section and Section 5-622: |
9 | | "Expunge" means to physically destroy the records and |
10 | | to obliterate the minor's name from any official index or |
11 | | public record, or both. Nothing in this Act shall require |
12 | | the physical destruction of the internal office records, |
13 | | files, or databases maintained by a State's Attorney's |
14 | | Office or other prosecutor. |
15 | | "Law enforcement record" includes but is not limited to |
16 | | records of arrest, station adjustments, fingerprints, |
17 | | probation adjustments, the issuance of a notice to appear, |
18 | | or any other records maintained by a law enforcement agency |
19 | | relating to a minor suspected of committing an offense. |
20 | | (1) Whenever any person has attained the age of 18 or |
21 | | whenever all juvenile
court proceedings relating to that person |
22 | | have been terminated, whichever is
later, the person may |
23 | | petition the court to expunge law enforcement records
relating |
24 | | to incidents occurring before his or her 18th birthday or his |
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1 | | or her
juvenile court
records, or both, but only in the |
2 | | following circumstances:
|
3 | | (a) the minor was arrested and no petition for |
4 | | delinquency was filed with
the clerk of the circuit court; |
5 | | or
|
6 | | (b) the minor was charged with an offense and was found |
7 | | not delinquent of
that offense; or
|
8 | | (c) the minor was placed under supervision pursuant to |
9 | | Section 5-615, and
the order of
supervision has since been |
10 | | successfully terminated; or
|
11 | | (d)
the minor was adjudicated for an offense which |
12 | | would be a Class B
misdemeanor, Class C misdemeanor, or a |
13 | | petty or business offense if committed by an adult.
|
14 | | (1.5) Commencing 180 days after the effective date of this |
15 | | amendatory Act of the 98th General Assembly, the Department of |
16 | | State Police shall automatically expunge, on or before January |
17 | | 1 of each year, a person's law enforcement records relating to |
18 | | incidents occurring before his or her 18th birthday in the |
19 | | Department's possession or control and which contains the final |
20 | | disposition which pertain to the person when arrested as a |
21 | | minor if:
|
22 | | (a) the minor was arrested for an eligible offense and |
23 | | no petition for delinquency was filed with the clerk of the |
24 | | circuit court; and |
25 | | (b) the person attained the age of 18 years during the |
26 | | last calendar year; and |
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1 | | (c) since the date of the minor's most recent arrest, |
2 | | at least 6 months have elapsed without an additional |
3 | | arrest, filing of a petition for delinquency whether |
4 | | related or not to a previous arrest, or filing of charges |
5 | | not initiated by arrest. |
6 | | The Department of State Police shall allow a person to use |
7 | | the Access and Review process, established in the Department of |
8 | | State Police, for verifying that his or her law enforcement |
9 | | records relating to incidents occurring before his or her 18th |
10 | | birthday eligible under this subsection have been expunged as |
11 | | provided in this subsection. |
12 | | The Department of State Police shall provide by rule the |
13 | | process for access, review, and automatic expungement. |
14 | | (1.6) Commencing on the effective date of this amendatory |
15 | | Act of the 98th General Assembly, a person whose law |
16 | | enforcement records are not subject to subsection (1.5) of this |
17 | | Section and who has attained the age of 18 years may use the |
18 | | Access and Review process, established in the Department of |
19 | | State Police, for verifying his or her law enforcement records |
20 | | relating to incidents occurring before his or her 18th birthday |
21 | | in the Department's possession or control which pertain to the |
22 | | person when arrested as a minor, if the incident occurred no |
23 | | earlier than 30 years before the effective date of this |
24 | | amendatory Act of the 98th General Assembly. If the person |
25 | | identifies a law enforcement record of an eligible offense that |
26 | | meets the requirements of this subsection, paragraphs (a) and |
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1 | | (c) of subsection (1.5) of this Section, and all juvenile court |
2 | | proceedings related to the person have been terminated, the |
3 | | person may file a Request for Expungement of Juvenile Law |
4 | | Enforcement Records, in the form and manner prescribed by the |
5 | | Department of State Police, with the Department and the |
6 | | Department shall consider expungement of the record as |
7 | | otherwise provided for automatic expungement under subsection |
8 | | (1.5) of this Section. The person shall provide notice and a |
9 | | copy of the Request for Expungement of Juvenile Law Enforcement |
10 | | Records to the arresting agency, prosecutor charged with the |
11 | | prosecution of the minor, or the State's Attorney of the county |
12 | | that prosecuted the minor. The Department of State Police shall |
13 | | provide by rule the process for access, review, and Request for |
14 | | Expungement of Juvenile Law Enforcement Records. |
15 | | (1.7) Nothing in subsections (1.5) and (1.6) of this |
16 | | Section precludes a person from filing a petition under |
17 | | subsection (1) for expungement of records subject to automatic |
18 | | expungement under subsection (1.5) or (1.6) of this Section. |
19 | | (1.8) For the purposes of subsections (1.5) and (1.6) of |
20 | | this Section, "eligible offense" means records relating to an |
21 | | arrest or incident occurring before the person's 18th birthday |
22 | | that if committed by an adult is not an offense classified as a |
23 | | Class 2 felony or higher offense, an offense under Article 11 |
24 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or |
25 | | an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 |
26 | | of the Criminal Code of 1961. |
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1 | | (2) Any person may petition the court to expunge all law |
2 | | enforcement records
relating to any
incidents occurring before |
3 | | his or her 18th birthday which did not result in
proceedings in |
4 | | criminal court and all juvenile court records with respect to
|
5 | | any adjudications except those based upon first degree
murder |
6 | | and
sex offenses which would be felonies if committed by an |
7 | | adult, if the person
for whom expungement is sought has had no
|
8 | | convictions for any crime since his or her 18th birthday and:
|
9 | | (a) has attained the age of 21 years; or
|
10 | | (b) 5 years have elapsed since all juvenile court |
11 | | proceedings relating to
him or her have been terminated or |
12 | | his or her commitment to the Department of
Juvenile Justice
|
13 | | pursuant to this Act has been terminated;
|
14 | | whichever is later of (a) or (b). Nothing in this Section 5-915 |
15 | | precludes a minor from obtaining expungement under Section |
16 | | 5-622. |
17 | | (2.5) If a minor is arrested and no petition for |
18 | | delinquency is filed with the clerk of the circuit court as |
19 | | provided in paragraph (a) of subsection (1) at the time the |
20 | | minor is released from custody, the youth officer, if |
21 | | applicable, or other designated person from the arresting |
22 | | agency, shall notify verbally and in writing to the minor or |
23 | | the minor's parents or guardians that if the State's Attorney |
24 | | does not file a petition for delinquency, the minor has a right |
25 | | to petition to have his or her arrest record expunged when the |
26 | | minor attains the age of 18 or when all juvenile court |
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1 | | proceedings relating to that minor have been terminated and |
2 | | that unless a petition to expunge is filed, the minor shall |
3 | | have an arrest record and shall provide the minor and the |
4 | | minor's parents or guardians with an expungement information |
5 | | packet, including a petition to expunge juvenile records |
6 | | obtained from the clerk of the circuit court. |
7 | | (2.6) If a minor is charged with an offense and is found |
8 | | not delinquent of that offense; or if a minor is placed under |
9 | | supervision under Section 5-615, and the order of supervision |
10 | | is successfully terminated; or if a minor is adjudicated for an |
11 | | offense that would be a Class B misdemeanor, a Class C |
12 | | misdemeanor, or a business or petty offense if committed by an |
13 | | adult; or if a minor has incidents occurring before his or her |
14 | | 18th birthday that have not resulted in proceedings in criminal |
15 | | court, or resulted in proceedings in juvenile court, and the |
16 | | adjudications were not based upon first degree murder or sex |
17 | | offenses that would be felonies if committed by an adult; then |
18 | | at the time of sentencing or dismissal of the case, the judge |
19 | | shall inform the delinquent minor of his or her right to |
20 | | petition for expungement as provided by law, and the clerk of |
21 | | the circuit court shall provide an expungement information |
22 | | packet to the delinquent minor, written in plain language, |
23 | | including a petition for expungement, a sample of a completed |
24 | | petition, expungement instructions that shall include |
25 | | information informing the minor that (i) once the case is |
26 | | expunged, it shall be treated as if it never occurred, (ii) he |
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1 | | or she may apply to have petition fees waived, (iii) once he or |
2 | | she obtains an expungement, he or she may not be required to |
3 | | disclose that he or she had a juvenile record, and (iv) he or |
4 | | she may file the petition on his or her own or with the |
5 | | assistance of an attorney. The failure of the judge to inform |
6 | | the delinquent minor of his or her right to petition for |
7 | | expungement as provided by law does not create a substantive |
8 | | right, nor is that failure grounds for: (i) a reversal of an |
9 | | adjudication of delinquency, (ii) a new trial; or (iii) an |
10 | | appeal. |
11 | | (2.7) For counties with a population over 3,000,000, the |
12 | | clerk of the circuit court shall send a "Notification of a |
13 | | Possible Right to Expungement" post card to the minor at the |
14 | | address last received by the clerk of the circuit court on the |
15 | | date that the minor attains the age of 18 based on the |
16 | | birthdate provided to the court by the minor or his or her |
17 | | guardian in cases under paragraphs (b), (c), and (d) of |
18 | | subsection (1); and when the minor attains the age of 21 based |
19 | | on the birthdate provided to the court by the minor or his or |
20 | | her guardian in cases under subsection (2). |
21 | | (2.8) The petition for expungement for subsection (1) may |
22 | | include multiple offenses on the same petition and shall be |
23 | | substantially in the following form: |
24 | | IN THE CIRCUIT COURT OF ......, ILLINOIS
|
25 | | ........ JUDICIAL CIRCUIT
|
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1 | | IN THE INTEREST OF ) NO.
|
2 | | )
|
3 | | )
|
4 | | ...................)
|
5 | | (Name of Petitioner) |
6 | | PETITION TO EXPUNGE JUVENILE RECORDS |
7 | | (705 ILCS 405/5-915 (SUBSECTION 1)) |
8 | | Now comes ............., petitioner, and respectfully requests
|
9 | | that this Honorable Court enter an order expunging all juvenile |
10 | | law enforcement and court records of petitioner and in support |
11 | | thereof states that:
Petitioner has attained the age of 18, |
12 | | his/her birth date being ......, or all
Juvenile Court |
13 | | proceedings terminated as of ......, whichever occurred later.
|
14 | | Petitioner was arrested on ..... by the ....... Police |
15 | | Department for the offense or offenses of ......., and:
|
16 | | (Check All That Apply:)
|
17 | | ( ) a. no petition or petitions were filed with the Clerk of |
18 | | the Circuit Court. |
19 | | ( ) b. was charged with ...... and was found not delinquent
of |
20 | | the offense or offenses. |
21 | | ( ) c. a petition or petitions were filed and the petition or |
22 | | petitions were dismissed without a finding of delinquency on |
23 | | ..... |
24 | | ( ) d. on ....... placed under supervision pursuant to Section |
25 | | 5-615 of the Juvenile Court Act of 1987 and such order of |
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1 | | supervision successfully terminated on ........ |
2 | | ( ) e. was adjudicated for the offense or offenses, which would |
3 | | have been a Class B misdemeanor, a Class C misdemeanor, or a |
4 | | petty offense or business offense if committed by an adult.
|
5 | | Petitioner .... has .... has not been arrested on charges in |
6 | | this or any county other than the charges listed above. If |
7 | | petitioner has been arrested on additional charges, please list |
8 | | the charges below:
|
9 | | Charge(s): ...... |
10 | | Arresting Agency or Agencies: ........... |
11 | | Disposition/Result: (choose from a. through e., above): .....
|
12 | | WHEREFORE, the petitioner respectfully requests this Honorable |
13 | | Court to (1) order all law enforcement agencies to expunge all |
14 | | records of petitioner to this incident or incidents, and (2) to |
15 | | order the Clerk of the Court to expunge all records concerning |
16 | | the petitioner regarding this incident or incidents. |
17 | | ......................
|
18 | | Petitioner (Signature)
|
19 | | ..........................
|
20 | | Petitioner's Street Address
|
21 | | .....................
|
22 | | City, State, Zip Code
|
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1 | | .............................
|
2 | | Petitioner's Telephone Number
|
3 | | Pursuant to the penalties of perjury under the Code of Civil |
4 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the |
5 | | statements in this petition are true and correct, or on |
6 | | information and belief I believe the same to be true. |
7 | | ......................
|
8 | | Petitioner (Signature)
|
9 | | The Petition for Expungement for subsection (2) shall be |
10 | | substantially in 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 | | PETITION TO EXPUNGE JUVENILE RECORDS
|
19 | | (705 ILCS 405/5-915 (SUBSECTION 2))
|
20 | | (Please prepare a separate petition for each offense)
|
21 | | Now comes ............, petitioner, and respectfully requests |
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1 | | that this Honorable Court enter an order expunging all Juvenile |
2 | | Law Enforcement and Court records of petitioner and in support |
3 | | thereof states that: |
4 | | The incident for which the Petitioner seeks expungement |
5 | | occurred before the Petitioner's 18th birthday and did not |
6 | | result in proceedings in criminal court and the Petitioner has |
7 | | not had any convictions for any crime since his/her 18th |
8 | | birthday; and
|
9 | | The incident for which the Petitioner seeks expungement |
10 | | occurred before the Petitioner's 18th birthday and the |
11 | | adjudication was not based upon first-degree murder or sex |
12 | | offenses which would be felonies if committed by an adult, and |
13 | | the Petitioner has not had any convictions for any crime since |
14 | | his/her 18th birthday. |
15 | | Petitioner was arrested on ...... by the ....... Police |
16 | | Department for the offense of ........, and: |
17 | | (Check whichever one occurred the latest:) |
18 | | ( ) a. The Petitioner has attained the age of 21 years, his/her |
19 | | birthday being .......; or |
20 | | ( ) b. 5 years have elapsed since all juvenile court |
21 | | proceedings relating to the Petitioner have been terminated; or |
22 | | the Petitioner's commitment to the Department of Juvenile |
23 | | Justice
pursuant to the expungement of juvenile law enforcement |
24 | | and court records provisions of the Juvenile Court Act of 1987 |
25 | | has been terminated.
Petitioner ...has ...has not been arrested |
26 | | on charges in this or any other county other than the charge |
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1 | | listed above. If petitioner has been arrested on additional |
2 | | charges, please list the charges below: |
3 | | Charge(s): .......... |
4 | | Arresting Agency or Agencies: ....... |
5 | | Disposition/Result: (choose from a or b, above): .......... |
6 | | WHEREFORE, the petitioner respectfully requests this Honorable |
7 | | Court to (1) order all law enforcement agencies to expunge all |
8 | | records of petitioner related to this incident, and (2) to |
9 | | order the Clerk of the Court to expunge all records concerning |
10 | | the petitioner regarding this incident. |
11 | | .......................
|
12 | | Petitioner (Signature)
|
13 | | ......................
|
14 | | Petitioner's Street Address
|
15 | | .....................
|
16 | | City, State, Zip Code
|
17 | | .............................
|
18 | | Petitioner's Telephone Number
|
19 | | Pursuant to the penalties of perjury under the Code of Civil |
20 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the |
21 | | statements in this petition are true and correct, or on |
22 | | information and belief I believe the same to be true. |
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1 | | ......................
|
2 | | Petitioner (Signature)
|
3 | | (3) The chief judge of the circuit in which an arrest was |
4 | | made or a charge
was brought or any
judge of that circuit |
5 | | designated by the chief judge
may, upon verified petition
of a |
6 | | person who is the subject of an arrest or a juvenile court |
7 | | proceeding
under subsection (1) or (2) of this Section, order |
8 | | the law enforcement
records or official court file, or both, to |
9 | | be expunged from the official
records of the arresting |
10 | | authority, the clerk of the circuit court and the
Department of |
11 | | State Police. The person whose records are to be expunged shall |
12 | | petition the court using the appropriate form containing his or |
13 | | her current address and shall promptly notify the clerk of the |
14 | | circuit court of any change of address. Notice
of the petition |
15 | | shall be served upon the State's Attorney or prosecutor charged |
16 | | with the duty of prosecuting the offense, the Department of |
17 | | State Police, and the arresting agency or agencies by the clerk |
18 | | of the circuit court. If an objection is filed within 45
days |
19 | | of the notice of the petition, the clerk of the circuit court |
20 | | shall set a date for hearing after the 45
day objection period. |
21 | | At the hearing the court shall hear evidence on whether the |
22 | | expungement should or should not be granted. Unless the State's |
23 | | Attorney or prosecutor, the Department of State Police, or an |
24 | | arresting agency objects to the expungement within 45
days of |
25 | | the notice, the court may enter an order granting expungement. |
26 | | The person whose records are to be expunged shall pay the clerk |
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1 | | of the circuit court a fee equivalent to the cost associated |
2 | | with expungement of records by the clerk and the Department of |
3 | | State Police. The clerk shall forward a certified copy of the |
4 | | order to the Department of State Police , the appropriate |
5 | | portion of the fee to the Department of State Police for |
6 | | processing, and deliver a certified copy of the order to the |
7 | | arresting agency.
|
8 | | (3.1) The Notice of Expungement shall be in substantially |
9 | | 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 | | NOTICE
|
18 | | TO: State's Attorney
|
19 | | TO: Arresting Agency
|
20 | |
|
21 | | ................
|
22 | | ................
|
23 | |
|
24 | | ................
|
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1 | | ................
|
2 | | TO: Illinois State Police
|
3 | |
|
4 | | .....................
|
5 | |
|
6 | | .....................
|
7 | | ATTENTION: Expungement
|
8 | | You are hereby notified that on ....., at ....., in courtroom |
9 | | ..., located at ..., before the Honorable ..., Judge, or any |
10 | | judge sitting in his/her stead, I shall then and there present |
11 | | a Petition to Expunge Juvenile records in the above-entitled |
12 | | matter, at which time and place you may appear. |
13 | | ......................
|
14 | | Petitioner's Signature
|
15 | | ...........................
|
16 | | Petitioner's Street Address
|
17 | | .....................
|
18 | | City, State, Zip Code
|
19 | | .............................
|
20 | | Petitioner's Telephone Number
|
21 | | PROOF OF SERVICE
|
22 | | On the ....... day of ......, 20..., I on oath state that I |
23 | | served this notice and true and correct copies of the |
24 | | above-checked documents by: |
25 | | (Check One:) |
26 | | delivering copies personally to each entity to whom they are |
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1 | | directed; |
2 | | or |
3 | | by mailing copies to each entity to whom they are directed by |
4 | | depositing the same in the U.S. Mail, proper postage fully |
5 | | prepaid, before the hour of 5:00 p.m., at the United States |
6 | | Postal Depository located at ................. |
7 | | .........................................
|
8 | |
|
9 | | Signature |
10 | | Clerk of the Circuit Court or Deputy Clerk
|
11 | | Printed Name of Delinquent Minor/Petitioner: .... |
12 | | Address: ........................................ |
13 | | Telephone Number: ............................... |
14 | | (3.2) The Order of Expungement shall be in substantially |
15 | | the following form: |
16 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
|
17 | | .... JUDICIAL CIRCUIT
|
18 | | IN THE INTEREST OF ) NO.
|
19 | | )
|
20 | | )
|
21 | | ...................)
|
22 | | (Name of Petitioner)
|
23 | | DOB ................ |
24 | | Arresting Agency/Agencies ...... |
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1 | | ORDER OF EXPUNGEMENT
|
2 | | (705 ILCS 405/5-915 (SUBSECTION 3))
|
3 | | This matter having been heard on the petitioner's motion and |
4 | | the court being fully advised in the premises does find that |
5 | | the petitioner is indigent or has presented reasonable cause to |
6 | | waive all costs in this matter, IT IS HEREBY ORDERED that: |
7 | | ( ) 1. Clerk of Court and Department of State Police costs |
8 | | are hereby waived in this matter. |
9 | | ( ) 2. The Illinois State Police Bureau of Identification |
10 | | and the following law enforcement agencies expunge all records |
11 | | of petitioner relating to an arrest dated ...... for the |
12 | | offense of ...... |
13 | | Law Enforcement Agencies:
|
14 | | .........................
|
15 | | .........................
|
16 | | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit |
17 | | Court expunge all records regarding the above-captioned case. |
18 | | ENTER: ......................
|
19 | |
|
20 | | JUDGE |
21 | | DATED: ....... |
22 | | Name:
|
23 | | Attorney for:
|
24 | | Address:
City/State/Zip:
|
25 | | Attorney Number: |
26 | | (3.3) The Notice of Objection shall be in substantially the |
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1 | | following form: |
2 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
|
3 | | ....................... JUDICIAL CIRCUIT
|
4 | | IN THE INTEREST OF ) NO.
|
5 | | )
|
6 | | )
|
7 | | ...................)
|
8 | | (Name of Petitioner) |
9 | | NOTICE OF OBJECTION
|
10 | | TO:(Attorney, Public Defender, Minor)
|
11 | | .................................
|
12 | | .................................
|
13 | | TO:(Illinois State Police)
|
14 | | .................................
|
15 | | ................................. |
16 | | TO:(Clerk of the Court)
|
17 | | .................................
|
18 | | .................................
|
19 | | TO:(Judge)
|
20 | | .................................
|
21 | | .................................
|
22 | | TO:(Arresting Agency/Agencies)
|
23 | | .................................
|
24 | | ................................. |
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1 | | ATTENTION:
You are hereby notified that an objection has been |
2 | | filed by the following entity regarding the above-named minor's |
3 | | petition for expungement of juvenile records: |
4 | | ( ) State's Attorney's Office;
|
5 | | ( ) Prosecutor (other than State's Attorney's Office) charged |
6 | | with the duty of prosecuting the offense sought to be expunged;
|
7 | | ( ) Department of Illinois State Police; or
|
8 | | ( ) Arresting Agency or Agencies.
|
9 | | The agency checked above respectfully requests that this case |
10 | | be continued and set for hearing on whether the expungement |
11 | | should or should not be granted.
|
12 | | DATED: ....... |
13 | | Name: |
14 | | Attorney For:
|
15 | | Address: |
16 | | City/State/Zip:
|
17 | | Telephone:
|
18 | | Attorney No.:
|
19 | | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
|
20 | | This matter has been set for hearing on the foregoing |
21 | | objection, on ...... in room ...., located at ....., before the |
22 | | Honorable ....., Judge, or any judge sitting in his/her stead.
|
23 | | (Only one hearing shall be set, regardless of the number of |
24 | | Notices of Objection received on the same case).
|
25 | | A copy of this completed Notice of Objection containing the |
26 | | court date, time, and location, has been sent via regular U.S. |
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1 | | Mail to the following entities. (If more than one Notice of |
2 | | Objection is received on the same case, each one must be |
3 | | completed with the court date, time and location and mailed to |
4 | | the following entities):
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5 | | ( ) Attorney, Public Defender or Minor;
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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; and |
10 | | ( ) Arresting agency or agencies.
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11 | | Date: ...... |
12 | | Initials of Clerk completing this section: .....
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13 | | (4) Upon entry of an order expunging records or files, the |
14 | | offense, which
the records or files concern shall be treated as |
15 | | if it never occurred. Law
enforcement officers and other public |
16 | | offices and agencies shall properly reply
on inquiry that no |
17 | | record or file exists with respect to the
person.
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18 | | (5) Records which have not been expunged are sealed, and |
19 | | may be obtained
only under the provisions of Sections 5-901, |
20 | | 5-905 and 5-915.
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21 | | (6) Nothing in this Section shall be construed to prohibit |
22 | | the maintenance
of information relating to an offense after |
23 | | records or files concerning the
offense have been expunged if |
24 | | the information is kept in a manner that does not
enable |
25 | | identification of the offender. This information may only be |
26 | | used for
statistical and bona fide research purposes. |
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1 | | (6.5) The Department of State Police or any employee of the |
2 | | Department shall be immune from civil or criminal liability for |
3 | | failure to expunge any records of arrest that are subject to |
4 | | expungement under subsection (1.5) or (1.6) of this Section |
5 | | because of inability to verify a record. Nothing in subsection |
6 | | (1.5) or (1.6) of this Section shall create Department of State |
7 | | Police liability or responsibility for the expungement of law |
8 | | enforcement records it does not possess. |
9 | | (7)(a) The State Appellate Defender shall establish, |
10 | | maintain, and carry out, by December 31, 2004, a juvenile |
11 | | expungement program
to provide information and assistance to |
12 | | minors eligible to have their juvenile records expunged.
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13 | | (b) The State Appellate Defender shall develop brochures, |
14 | | pamphlets, and
other
materials in
printed form and through the |
15 | | agency's World Wide Web site. The pamphlets and
other materials |
16 | | shall
include at a minimum the following information:
|
17 | | (i) An explanation of the State's juvenile expungement |
18 | | process; |
19 | | (ii) The circumstances under which juvenile |
20 | | expungement may occur; |
21 | | (iii) The juvenile offenses that may be expunged; |
22 | | (iv) The steps necessary to initiate and complete the |
23 | | juvenile expungement process;
and |
24 | | (v) Directions on how to contact the State Appellate |
25 | | Defender. |
26 | | (c) The State Appellate Defender shall establish and |
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1 | | maintain a statewide
toll-free telephone
number that a person |
2 | | may use to receive information or assistance concerning
the |
3 | | expungement of juvenile records. The State Appellate
Defender |
4 | | shall advertise
the toll-free telephone number statewide. The |
5 | | State Appellate Defender shall
develop an expungement
|
6 | | information packet that may be sent to eligible persons seeking |
7 | | expungement of
their juvenile records,
which may include, but |
8 | | is not limited to, a pre-printed expungement petition
with |
9 | | instructions on how
to complete the petition and a pamphlet |
10 | | containing information that would
assist individuals through
|
11 | | the juvenile expungement process. |
12 | | (d) The State Appellate Defender shall compile a statewide |
13 | | list of volunteer
attorneys willing
to assist eligible |
14 | | individuals through the juvenile expungement process. |
15 | | (e) This Section shall be implemented from funds |
16 | | appropriated by the General
Assembly to the State
Appellate |
17 | | Defender
for this purpose. The State Appellate Defender shall |
18 | | employ the necessary staff
and adopt the
necessary rules for |
19 | | implementation of this Section. |
20 | | (8)(a) Except with respect to law enforcement agencies, the |
21 | | Department of Corrections, State's Attorneys, or other |
22 | | prosecutors, an expunged juvenile record may not be considered |
23 | | by any private or public entity in employment matters, |
24 | | certification, licensing, revocation of certification or |
25 | | licensure, or registration. Applications for employment must |
26 | | contain specific language that states that the applicant is not |
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1 | | obligated to disclose expunged juvenile records of conviction |
2 | | or arrest. Employers may not ask if an applicant has had a |
3 | | juvenile record expunged. Effective January 1, 2005, the |
4 | | Department of Labor shall develop a link on the Department's |
5 | | website to inform employers that employers may not ask if an |
6 | | applicant had a juvenile record expunged and that application |
7 | | for employment must contain specific language that states that |
8 | | the applicant is not obligated to disclose expunged juvenile |
9 | | records of arrest or conviction. |
10 | | (b) A person whose juvenile records have been expunged is |
11 | | not entitled to remission of any fines, costs, or other money |
12 | | paid as a consequence of expungement. This amendatory Act of |
13 | | the 93rd General Assembly does not affect the right of the |
14 | | victim of a crime to prosecute or defend a civil action for |
15 | | damages.
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16 | | (c) The expungement of juvenile records under Section 5-622 |
17 | | shall be funded by the additional fine imposed under Section |
18 | | 5-9-1.17 of the Unified Code of Corrections and additional |
19 | | appropriations made by the General Assembly for such purpose. |
20 | | (9) The changes made to this Section by Public Act 98-61 |
21 | | apply to law enforcement records of a minor who has been |
22 | | arrested or taken into custody on or after January 1, 2014 (the |
23 | | effective date of Public Act 98-61). |
24 | | (10) The changes made in subsection (1.5) of this Section |
25 | | by this amendatory Act of the 98th General Assembly apply to |
26 | | law enforcement records of a minor who has been arrested or |