Full Text of SB2789 100th General Assembly
SB2789sam001 100TH GENERAL ASSEMBLY | Sen. Chapin Rose Filed: 4/19/2018
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| 1 | | AMENDMENT TO SENATE BILL 2789
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2789 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Section 5-915 as follows:
| 6 | | (705 ILCS 405/5-915)
| 7 | | Sec. 5-915. Expungement of juvenile law enforcement and | 8 | | court records.
| 9 | | (0.05) For purposes of this Section : | 10 | | "Dissemination" or "disseminate" means to publish, | 11 | | produce, print, manufacture, distribute, sell, lease, | 12 | | exhibit, broadcast, display, transmit, or otherwise share | 13 | | information in any format so as to make the information | 14 | | accessible to others. | 15 | | "Expunge" means to physically destroy the records and | 16 | | to obliterate the minor's name and juvenile court records |
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| 1 | | from any official index, public record, or electronic | 2 | | database. No evidence of the juvenile court records may be | 3 | | retained by any law enforcement agency, the juvenile court, | 4 | | or by any municipal, county, or State agency or department. | 5 | | Nothing in this Act shall require the physical destruction | 6 | | of the internal office records, files, or databases | 7 | | maintained by a State's Attorney's Office or other | 8 | | prosecutor or by the Office of the Secretary of State. | 9 | | "Juvenile court record" includes, but is not limited | 10 | | to: | 11 | | (a) all documents filed in or maintained by the | 12 | | juvenile court pertaining to a specific incident, | 13 | | proceeding, or individual; | 14 | | (b) all documents relating to a specific incident, | 15 | | proceeding, or individual made available to or maintained | 16 | | by probation officers; | 17 | | (c) all documents, video or audio tapes, | 18 | | photographs, and exhibits admitted into evidence at | 19 | | juvenile court hearings; or | 20 | | (d) all documents, transcripts, records, reports | 21 | | or other evidence prepared by, maintained by, or released | 22 | | by any municipal, county, or State state agency or | 23 | | department, in any format, if indicating involvement with | 24 | | the juvenile court relating to a specific incident, | 25 | | proceeding, or individual. | 26 | | "Law enforcement record" includes , but is not limited |
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| 1 | | to , records of arrest, station adjustments, fingerprints, | 2 | | probation adjustments, the issuance of a notice to appear, | 3 | | or any other records or documents maintained by any law | 4 | | enforcement agency relating to a minor suspected of | 5 | | committing an offense or evidence of interaction with law | 6 | | enforcement . | 7 | | (0.1) (a) The Department of State Police and all law | 8 | | enforcement agencies within the State shall automatically | 9 | | expunge, on or before January 1 of each year, all law | 10 | | enforcement records relating to events occurring before an | 11 | | individual's 18th birthday if: | 12 | | (1) one year or more has elapsed since the date of the | 13 | | arrest or law enforcement interaction documented in the | 14 | | records; | 15 | | (2) no petition for delinquency or criminal charges | 16 | | were filed with the clerk of the circuit court relating to | 17 | | the arrest or law enforcement interaction documented in the | 18 | | records; and | 19 | | (3) 6 months have elapsed without an additional | 20 | | subsequent arrest or filing of a petition for delinquency | 21 | | or criminal charges whether related or not to the arrest or | 22 | | law enforcement interaction documented in the records. | 23 | | (b) If the law enforcement agency is unable to verify | 24 | | satisfaction of conditions (2) and (3) of this subsection | 25 | | (0.1), records that satisfy condition (1) of this subsection | 26 | | (0.1) shall be automatically expunged if the records relate to |
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| 1 | | an offense that if committed by an adult would not be an | 2 | | offense classified as Class 2 felony or higher, an offense | 3 | | under Article 11 of the Criminal Code of 1961 or Criminal Code | 4 | | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | 5 | | 12-15, or 12-16 of the Criminal Code of 1961. | 6 | | (0.2) (a) Upon dismissal of a petition alleging delinquency | 7 | | or upon a finding of not delinquent, the successful termination | 8 | | of an order of supervision, or an adjudication for an offense | 9 | | which would be a Class B misdemeanor, Class C misdemeanor, or a | 10 | | petty or business offense if committed by an adult, the court | 11 | | shall automatically order the expungement of the juvenile court | 12 | | and law enforcement records within 60 business days. | 13 | | (b) If the chief law enforcement officer of the agency, or | 14 | | his or her designee, certifies in writing that certain | 15 | | information is needed for a pending investigation involving the | 16 | | commission of a felony, that information, and information | 17 | | identifying the juvenile, may be retained in an intelligence | 18 | | file until the investigation is terminated or for one | 19 | | additional year, whichever is sooner. Retention of a portion of | 20 | | a juvenile's law enforcement record does not disqualify the | 21 | | remainder of his or her record from immediate automatic | 22 | | expungement. | 23 | | (0.3) (a) Upon an adjudication of delinquency based on any | 24 | | offense except a disqualified offense, the juvenile court shall | 25 | | automatically order the expungement of the juvenile records 2 | 26 | | years after the juvenile's case was closed if no delinquency or |
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| 1 | | criminal proceeding is pending and the person has had no | 2 | | subsequent delinquency adjudication or criminal conviction. | 3 | | The court shall automatically order the expungement of the | 4 | | juvenile court and law enforcement records within 60 business | 5 | | days. For the purposes of this subsection (0.3), "disqualified | 6 | | offense" means any of the following offenses: Section 8-1.2, | 7 | | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, | 8 | | 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | 9 | | 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, | 10 | | 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, | 11 | | 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, | 12 | | 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, | 13 | | 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal | 14 | | Code of 2012, or subsection (b) of Section 8-1, paragraph (4) | 15 | | of subsection (a) of Section 11-14.4, subsection (a-5) of | 16 | | Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of | 17 | | Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, | 18 | | paragraph (1) or (2) of subsection (a) of Section 12-7.4, | 19 | | subparagraph (i) of paragraph (1) of subsection (a) of Section | 20 | | 12-9, subparagraph (H) of paragraph (3) of subsection (a) of | 21 | | Section 24-1.6, paragraph (1) of subsection (a) of Section | 22 | | 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code | 23 | | of 2012. | 24 | | (b) If the chief law enforcement officer of the agency, or | 25 | | his or her designee, certifies in writing that certain | 26 | | information is needed for a pending investigation involving the |
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| 1 | | commission of a felony, that information, and information | 2 | | identifying the juvenile, may be retained in an intelligence | 3 | | file until the investigation is terminated or for one | 4 | | additional year, whichever is sooner. Retention of a portion of | 5 | | a juvenile's law enforcement record does not disqualify the | 6 | | remainder of his or her record from immediate automatic | 7 | | expungement. | 8 | | (1) Nothing in this subsection (1) precludes an eligible | 9 | | minor from obtaining expungement under subsection subsections | 10 | | (0.1), (0.2), or (0.3). Whenever a person has been arrested, | 11 | | charged, or adjudicated delinquent for an incident occurring | 12 | | before his or her 18th birthday that if committed by an adult | 13 | | would be an offense, and that person's records are not eligible | 14 | | for automatic expungement under subsection subsections (0.1), | 15 | | (0.2), or (0.3), the
person may petition the court at any time | 16 | | for expungement of law
enforcement records and juvenile court | 17 | | records relating to the incident and, upon termination of all | 18 | | juvenile
court proceedings relating to that incident, the court | 19 | | shall order the expungement of all records in the possession of | 20 | | the Department of State Police, the clerk of the circuit court, | 21 | | and law enforcement agencies relating to the incident, but only | 22 | | in any of the following circumstances:
| 23 | | (a) the minor was arrested and no petition for | 24 | | delinquency was filed with
the clerk of the circuit court; | 25 | | (a-5) the minor was charged with an offense and the | 26 | | petition or petitions were dismissed without a finding of |
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| 1 | | delinquency;
| 2 | | (b) the minor was charged with an offense and was found | 3 | | not delinquent of
that offense;
| 4 | | (c) the minor was placed under supervision pursuant to | 5 | | Section 5-615, and
the order of
supervision has since been | 6 | | successfully terminated; or
| 7 | | (d)
the minor was adjudicated for an offense which | 8 | | would be a Class B
misdemeanor, Class C misdemeanor, or a | 9 | | petty or business offense if committed by an adult.
| 10 | | (1.5) January 1, 2015 (Public Act 98-637) The Department of | 11 | | State Police shall allow a person to use the Access and Review | 12 | | process, established in the Department of State Police, for | 13 | | verifying that his or her law enforcement records relating to | 14 | | incidents occurring before his or her 18th birthday eligible | 15 | | under this Act have been expunged . | 16 | | (1.6) (Blank). January 1, 2015 (Public Act 98-637) January | 17 | | 1, 2015 (Public Act 98-637) | 18 | | (1.7) (Blank). | 19 | | (1.8) (Blank). | 20 | | (2) Any person whose delinquency adjudications are not | 21 | | eligible for automatic expungement under subsection (0.3) of | 22 | | this Section may petition the court to expunge all law | 23 | | enforcement records
relating to any
incidents occurring before | 24 | | his or her 18th birthday which did not result in
proceedings in | 25 | | criminal court and all juvenile court records with respect to
| 26 | | any adjudications except those based upon first degree
murder |
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| 1 | | or an offense under Article 11 of the Criminal Code of 2012 if | 2 | | the person is required to register under the Sex Offender | 3 | | Registration Act; provided that:
| 4 | | (a) (blank); or
| 5 | | (b) 2 years have elapsed since all juvenile court | 6 | | proceedings relating to
him or her have been terminated and | 7 | | his or her commitment to the Department of
Juvenile Justice
| 8 | | under this Act has been terminated.
| 9 | | (2.5) If a minor is arrested and no petition for | 10 | | delinquency is filed with the clerk of the circuit court at the | 11 | | time the minor is released from custody, the youth officer, if | 12 | | applicable, or other designated person from the arresting | 13 | | agency, shall notify verbally and in writing to the minor or | 14 | | the minor's parents or guardians that the minor shall have an | 15 | | arrest record and shall provide the minor and the minor's | 16 | | parents or guardians with an expungement information packet, | 17 | | information regarding this State's expungement laws including | 18 | | a petition to expunge juvenile records obtained from the clerk | 19 | | of the circuit court. | 20 | | (2.6) If a minor is referred to court then at the time of | 21 | | sentencing or dismissal of the case, or successful completion | 22 | | of supervision, the judge shall inform the delinquent minor of | 23 | | his or her rights regarding expungement and the clerk of the | 24 | | circuit court shall provide an expungement information packet | 25 | | to the minor, written in plain language, including information | 26 | | regarding this State's expungement laws and a petition for |
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| 1 | | expungement, a sample of a completed petition, expungement | 2 | | instructions that shall include information informing the | 3 | | minor that (i) once the case is expunged, it shall be treated | 4 | | as if it never occurred, (ii) he or she may apply to have | 5 | | petition fees waived, (iii) once he or she obtains an | 6 | | expungement, he or she may not be required to disclose that he | 7 | | or she had a juvenile record, and (iv) if petitioning he or she | 8 | | may file the petition on his or her own or with the assistance | 9 | | of an attorney. The failure of the judge to inform the | 10 | | delinquent minor of his or her right to petition for | 11 | | expungement as provided by law does not create a substantive | 12 | | right, nor is that failure grounds for: (i) a reversal of an | 13 | | adjudication of delinquency, (ii) a new trial; or (iii) an | 14 | | appeal. | 15 | | (2.7) (Blank). | 16 | | (2.8) The petition for expungement for subsection (1) and | 17 | | (2) may include multiple offenses on the same petition and | 18 | | shall be substantially in the following form: | 19 | | IN THE CIRCUIT COURT OF ......, ILLINOIS
| 20 | | ........ JUDICIAL CIRCUIT
| 21 | | IN THE INTEREST OF ) NO.
| 22 | | )
| 23 | | )
| 24 | | ...................)
| 25 | | (Name of Petitioner) |
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| 1 | | PETITION TO EXPUNGE JUVENILE RECORDS | 2 | | (705 ILCS 405/5-915 (SUBSECTION 1 AND 2)) | 3 | | Now comes ............., petitioner, and respectfully requests
| 4 | | that this Honorable Court enter an order expunging all juvenile | 5 | | law enforcement and court records of petitioner and in support | 6 | | thereof states that:
Petitioner was arrested on ..... by the | 7 | | ....... Police Department for the offense or offenses of | 8 | | ......., and:
| 9 | | (Check All That Apply:)
| 10 | | ( ) a. no petition or petitions were filed with the Clerk of | 11 | | the Circuit Court. | 12 | | ( ) b. was charged with ...... and was found not delinquent
of | 13 | | the offense or offenses. | 14 | | ( ) c. a petition or petitions were filed and the petition or | 15 | | petitions were dismissed without a finding of delinquency on | 16 | | ..... | 17 | | ( ) d. on ....... placed under supervision pursuant to Section | 18 | | 5-615 of the Juvenile Court Act of 1987 and such order of | 19 | | supervision successfully terminated on ........ | 20 | | ( ) e. was adjudicated for the offense or offenses, which would | 21 | | have been a Class B misdemeanor, a Class C misdemeanor, or a | 22 | | petty offense or business offense if committed by an adult. | 23 | | ( ) f. was adjudicated for a Class A misdemeanor or felony, | 24 | | except first degree murder or an offense under Article 11 of | 25 | | the Criminal Code of 2012 if the person is required to register |
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| 1 | | under the Sex Offender Registration Act, and 2 years have | 2 | | passed since the case was closed.
| 3 | | Petitioner .... has .... has not been arrested on charges in | 4 | | this or any county other than the charges listed above. If | 5 | | petitioner has been arrested on additional charges, please list | 6 | | the charges below:
| 7 | | Charge(s): ...... | 8 | | Arresting Agency or Agencies: ........... | 9 | | Disposition/Result: (choose from a. through f., above): .....
| 10 | | WHEREFORE, the petitioner respectfully requests this Honorable | 11 | | Court to (1) order all law enforcement agencies to expunge all | 12 | | records of petitioner to this incident or incidents, and (2) to | 13 | | order the Clerk of the Court to expunge all records concerning | 14 | | the petitioner regarding this incident or incidents. | 15 | | ......................
| 16 | | Petitioner (Signature)
| 17 | | ..........................
| 18 | | Petitioner's Street Address
| 19 | | .....................
| 20 | | City, State, Zip Code
| 21 | | .............................
| 22 | | Petitioner's Telephone Number
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| 1 | | Pursuant to the penalties of perjury under the Code of Civil | 2 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the | 3 | | statements in this petition are true and correct, or on | 4 | | information and belief I believe the same to be true. | 5 | | ......................
| 6 | | Petitioner (Signature)
| 7 | | first degree | 8 | | (3) The chief judge of the circuit in which an arrest was | 9 | | made or a charge
was brought or any
judge of that circuit | 10 | | designated by the chief judge
may, upon verified petition
of a | 11 | | person who is the subject of an arrest or a juvenile court | 12 | | proceeding
under subsection (1) or (2) of this Section, order | 13 | | the law enforcement
records or official court file, or both, to | 14 | | be expunged from the official
records of the arresting | 15 | | authority, the clerk of the circuit court and the
Department of | 16 | | State Police. The person whose records are to be expunged shall | 17 | | petition the court using the appropriate form containing his or | 18 | | her current address and shall promptly notify the clerk of the | 19 | | circuit court of any change of address. Notice
of the petition | 20 | | shall be served upon the State's Attorney or prosecutor charged | 21 | | with the duty of prosecuting the offense, the Department of | 22 | | State Police, and the arresting agency or agencies by the clerk | 23 | | of the circuit court. If an objection is filed within 45
days | 24 | | of the notice of the petition, the clerk of the circuit court |
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| 1 | | shall set a date for hearing after the 45-day objection period. | 2 | | At the hearing the court shall hear evidence on whether the | 3 | | expungement should or should not be granted. Unless the State's | 4 | | Attorney or prosecutor, the Department of State Police, or an | 5 | | arresting agency objects to the expungement within 45
days of | 6 | | the notice, the court may enter an order granting expungement. | 7 | | The clerk shall forward a certified copy of the order to the | 8 | | Department of State Police and deliver a certified copy of the | 9 | | order to the arresting agency.
| 10 | | (3.1) The Notice of Expungement shall be in substantially | 11 | | the following form: | 12 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 13 | | .... JUDICIAL CIRCUIT
| 14 | | IN THE INTEREST OF ) NO.
| 15 | | )
| 16 | | )
| 17 | | ...................)
| 18 | | (Name of Petitioner) | 19 | | NOTICE
| 20 | | TO: State's Attorney
| 21 | | TO: Arresting Agency
| 22 | |
| 23 | | ................
| 24 | | ................
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| 1 | |
| 2 | | ................
| 3 | | ................
| 4 | | TO: Illinois State Police
| 5 | |
| 6 | | .....................
| 7 | |
| 8 | | .....................
| 9 | | ATTENTION: Expungement
| 10 | | You are hereby notified that on ....., at ....., in courtroom | 11 | | ..., located at ..., before the Honorable ..., Judge, or any | 12 | | judge sitting in his/her stead, I shall then and there present | 13 | | a Petition to Expunge Juvenile records in the above-entitled | 14 | | matter, at which time and place you may appear. | 15 | | ......................
| 16 | | Petitioner's Signature
| 17 | | ...........................
| 18 | | Petitioner's Street Address
| 19 | | .....................
| 20 | | City, State, Zip Code
| 21 | | .............................
| 22 | | Petitioner's Telephone Number
| 23 | | PROOF OF SERVICE
| 24 | | On the ....... day of ......, 20..., I on oath state that I | 25 | | served this notice and true and correct copies of the | 26 | | above-checked documents by: |
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| 1 | | (Check One:) | 2 | | delivering copies personally to each entity to whom they are | 3 | | directed; | 4 | | or | 5 | | by mailing copies to each entity to whom they are directed by | 6 | | depositing the same in the U.S. Mail, proper postage fully | 7 | | prepaid, before the hour of 5:00 p.m., at the United States | 8 | | Postal Depository located at ................. | 9 | | .........................................
| 10 | |
| 11 | | Signature | 12 | | Clerk of the Circuit Court or Deputy Clerk
| 13 | | Printed Name of Delinquent Minor/Petitioner: .... | 14 | | Address: ........................................ | 15 | | Telephone Number: ............................... | 16 | | (3.2) The Order of Expungement shall be in substantially | 17 | | the following form: | 18 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 19 | | .... JUDICIAL CIRCUIT
| 20 | | IN THE INTEREST OF ) NO.
| 21 | | )
| 22 | | )
| 23 | | ...................)
| 24 | | (Name of Petitioner)
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| 1 | | DOB ................ | 2 | | Arresting Agency/Agencies ...... | 3 | | ORDER OF EXPUNGEMENT
| 4 | | (705 ILCS 405/5-915 (SUBSECTION 3))
| 5 | | This matter having been heard on the petitioner's motion and | 6 | | the court being fully advised in the premises does find that | 7 | | the petitioner is indigent or has presented reasonable cause to | 8 | | waive all costs in this matter, IT IS HEREBY ORDERED that: | 9 | | ( ) 1. Clerk of Court and Department of State Police costs | 10 | | are hereby waived in this matter. | 11 | | ( ) 2. The Illinois State Police Bureau of Identification | 12 | | and the following law enforcement agencies expunge all records | 13 | | of petitioner relating to an arrest dated ...... for the | 14 | | offense of ...... | 15 | | Law Enforcement Agencies:
| 16 | | .........................
| 17 | | .........................
| 18 | | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | 19 | | Court expunge all records regarding the above-captioned case. | 20 | | ENTER: ......................
| 21 | |
| 22 | | JUDGE | 23 | | DATED: ....... | 24 | | Name:
| 25 | | Attorney for:
| 26 | | Address:
City/State/Zip:
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| 1 | | Attorney Number: | 2 | | (3.3) The Notice of Objection shall be in substantially the | 3 | | following form: | 4 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 5 | | ....................... JUDICIAL CIRCUIT
| 6 | | IN THE INTEREST OF ) NO.
| 7 | | )
| 8 | | )
| 9 | | ...................)
| 10 | | (Name of Petitioner) | 11 | | NOTICE OF OBJECTION
| 12 | | TO:(Attorney, Public Defender, Minor)
| 13 | | .................................
| 14 | | .................................
| 15 | | TO:(Illinois State Police)
| 16 | | .................................
| 17 | | ................................. | 18 | | TO:(Clerk of the Court)
| 19 | | .................................
| 20 | | .................................
| 21 | | TO:(Judge)
| 22 | | .................................
| 23 | | .................................
| 24 | | TO:(Arresting Agency/Agencies)
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| 1 | | .................................
| 2 | | ................................. | 3 | | ATTENTION:
You are hereby notified that an objection has been | 4 | | filed by the following entity regarding the above-named minor's | 5 | | petition for expungement of juvenile records: | 6 | | ( ) State's Attorney's Office;
| 7 | | ( ) Prosecutor (other than State's Attorney's Office) charged | 8 | | with the duty of prosecuting the offense sought to be expunged;
| 9 | | ( ) Department of Illinois State Police; or
| 10 | | ( ) Arresting Agency or Agencies.
| 11 | | The agency checked above respectfully requests that this case | 12 | | be continued and set for hearing on whether the expungement | 13 | | should or should not be granted.
| 14 | | DATED: ....... | 15 | | Name: | 16 | | Attorney For:
| 17 | | Address: | 18 | | City/State/Zip:
| 19 | | Telephone:
| 20 | | Attorney No.:
| 21 | | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| 22 | | This matter has been set for hearing on the foregoing | 23 | | objection, on ...... in room ...., located at ....., before the | 24 | | Honorable ....., Judge, or any judge sitting in his/her stead.
| 25 | | (Only one hearing shall be set, regardless of the number of | 26 | | Notices of Objection received on the same case).
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| 1 | | A copy of this completed Notice of Objection containing the | 2 | | court date, time, and location, has been sent via regular U.S. | 3 | | Mail to the following entities. (If more than one Notice of | 4 | | Objection is received on the same case, each one must be | 5 | | completed with the court date, time and location and mailed to | 6 | | the following entities):
| 7 | | ( ) Attorney, Public Defender or Minor;
| 8 | | ( ) State's Attorney's Office; | 9 | | ( ) Prosecutor (other than State's Attorney's Office) charged | 10 | | with the duty of prosecuting the offense sought to be expunged; | 11 | | ( ) Department of Illinois State Police; and | 12 | | ( ) Arresting agency or agencies.
| 13 | | Date: ...... | 14 | | Initials of Clerk completing this section: .....
| 15 | | (4)(a) Upon entry of an order expunging records or files, | 16 | | the offense, which
the records or files concern shall be | 17 | | treated as if it never occurred. Law
enforcement officers and | 18 | | other public offices and agencies shall properly reply
on | 19 | | inquiry that no record or file exists with respect to the
| 20 | | person.
| 21 | | (a-5) Local law enforcement agencies shall send written | 22 | | notice to the minor of the expungement of any records within 60 | 23 | | days of automatic expungement or the date of service of an | 24 | | expungement order, whichever applies. If a minor's court file | 25 | | has been expunged, the clerk of the circuit court shall send | 26 | | written notice to the minor of the expungement of any records |
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| 1 | | within 60 days of automatic expungement or the date of service | 2 | | of an expungement order, whichever applies. | 3 | | (b) Except with respect to authorized military personnel, | 4 | | an expunged juvenile record may not be considered by any | 5 | | private or public entity in employment matters, certification, | 6 | | licensing, revocation of certification or licensure, or | 7 | | registration. Applications for employment within the State | 8 | | must contain specific language that states that the applicant | 9 | | is not obligated to disclose expunged juvenile records of | 10 | | adjudication or arrest. Employers may not ask, in any format or | 11 | | context, if an applicant has had a juvenile record expunged. | 12 | | Information about an expunged record obtained by a potential | 13 | | employer, even inadvertently, from an employment application | 14 | | that does not contain specific language that states that the | 15 | | applicant is not obligated to disclose expunged juvenile | 16 | | records of adjudication or arrest, shall be treated as | 17 | | dissemination of an expunged record by the employer. | 18 | | (c) A person whose juvenile records have been expunged is | 19 | | not entitled to remission of any fines, costs, or other money | 20 | | paid as a consequence of expungement. | 21 | | (5) (Blank). ,
| 22 | | (5.5) Whether or not expunged, records eligible for | 23 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | 24 | | (0.3)(a) may be treated as expunged by the individual subject | 25 | | to the records. | 26 | | (6) Nothing in this Section shall be construed to prohibit |
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| 1 | | the maintenance
of information relating to an offense after | 2 | | records or files concerning the
offense have been expunged if | 3 | | the information is kept in a manner that does not
enable | 4 | | identification of the individual. This information may only be | 5 | | used for anonymous
statistical and bona fide research purposes. | 6 | | (6.5) The Department of State Police or any employee of the | 7 | | Department shall be immune from civil or criminal liability for | 8 | | failure to expunge any records of arrest that are subject to | 9 | | expungement under this Section because of inability to verify a | 10 | | record. Nothing in this Section shall create Department of | 11 | | State Police liability or responsibility for the expungement of | 12 | | law enforcement records it does not possess. | 13 | | (7)(a) The State Appellate Defender shall establish, | 14 | | maintain, and carry out, by December 31, 2004, a juvenile | 15 | | expungement program
to provide information and assistance to | 16 | | minors eligible to have their juvenile records expunged.
| 17 | | (b) The State Appellate Defender shall develop brochures, | 18 | | pamphlets, and
other
materials in
printed form and through the | 19 | | agency's World Wide Web site. The pamphlets and
other materials | 20 | | shall
include at a minimum the following information:
| 21 | | (i) An explanation of the State's juvenile expungement | 22 | | laws, including both automatic expungement and expungement | 23 | | by petition; | 24 | | (ii) The circumstances under which juvenile | 25 | | expungement may occur; | 26 | | (iii) The juvenile offenses that may be expunged; |
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| 1 | | (iv) The steps necessary to initiate and complete the | 2 | | juvenile expungement process;
and | 3 | | (v) Directions on how to contact the State Appellate | 4 | | Defender. | 5 | | (c) The State Appellate Defender shall establish and | 6 | | maintain a statewide
toll-free telephone
number that a person | 7 | | may use to receive information or assistance concerning
the | 8 | | expungement of juvenile records. The State Appellate
Defender | 9 | | shall advertise
the toll-free telephone number statewide. The | 10 | | State Appellate Defender shall
develop an expungement
| 11 | | information packet that may be sent to eligible persons seeking | 12 | | expungement of
their juvenile records,
which may include, but | 13 | | is not limited to, a pre-printed expungement petition
with | 14 | | instructions on how
to complete the petition and a pamphlet | 15 | | containing information that would
assist individuals through
| 16 | | the juvenile expungement process. | 17 | | (d) The State Appellate Defender shall compile a statewide | 18 | | list of volunteer
attorneys willing
to assist eligible | 19 | | individuals through the juvenile expungement process. | 20 | | (e) This Section shall be implemented from funds | 21 | | appropriated by the General
Assembly to the State
Appellate | 22 | | Defender
for this purpose. The State Appellate Defender shall | 23 | | employ the necessary staff
and adopt the
necessary rules for | 24 | | implementation of this Section. | 25 | | (7.5) (a) Willful dissemination of any information | 26 | | contained in an expunged record shall be treated as a Class C |
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| 1 | | misdemeanor and punishable by a fine of $1,000 per violation. | 2 | | (b) Willful dissemination for financial gain of any | 3 | | information contained in an expunged record shall be treated as | 4 | | a Class 4 felony. Dissemination for financial gain by an | 5 | | employee of any municipal, county, or State agency, including | 6 | | law enforcement, shall result in immediate termination. | 7 | | (c) The person whose record was expunged has a right of | 8 | | action against any person who intentionally disseminates an | 9 | | expunged record. In the proceeding, punitive damages up to an | 10 | | amount of $1,000 may be sought in addition to any actual | 11 | | damages. The prevailing party shall be entitled to costs and | 12 | | reasonable attorney fees. | 13 | | (d) The punishments for dissemination of an expunged record | 14 | | shall never apply to the person whose record was expunged. | 15 | | (8)(a) An expunged juvenile record may not be considered by | 16 | | any private or public entity in employment matters, | 17 | | certification, licensing, revocation of certification or | 18 | | licensure, or registration. Applications for employment must | 19 | | contain specific language that states that the applicant is not | 20 | | obligated to disclose expunged juvenile records of | 21 | | adjudication, conviction, or arrest. Employers may not ask if | 22 | | an applicant has had a juvenile record expunged. Effective | 23 | | January 1, 2005, the Department of Labor shall develop a link | 24 | | on the Department's website to inform employers that employers | 25 | | may not ask if an applicant had a juvenile record expunged and | 26 | | that application for employment must contain specific language |
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| 1 | | that states that the applicant is not obligated to disclose | 2 | | expunged juvenile records of adjudication, arrest, or | 3 | | conviction. | 4 | | (b) (Blank). Public Act 93-912 | 5 | | (c) The expungement of juvenile records under subsection | 6 | | subsections 0.1, 0.2, or 0.3 of this Section shall be funded by | 7 | | the additional fine imposed under Section 5-9-1.17 of the | 8 | | Unified Code of Corrections. | 9 | | (9) (Blank). | 10 | | (10) (Blank). Public Act 98-637 Public Act 98-637 | 11 | | (Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; | 12 | | 100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised | 13 | | 10-10-17.)
| 14 | | Section 99. Effective date. This Act takes effect upon | 15 | | becoming law.".
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