Full Text of SB2915 100th General Assembly
SB2915eng 100TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning courts.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Juvenile Court Act of 1987 is amended by | 5 | | changing Sections 1-7, 1-8, and 5-915 as follows:
| 6 | | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
| 7 | | Sec. 1-7. Confidentiality of law enforcement and municipal | 8 | | ordinance violation records.
| 9 | | (A) All juvenile records which have not been expunged are | 10 | | sealed and may never be disclosed to the general public or | 11 | | otherwise made widely available. Sealed records may be obtained | 12 | | only under this Section and Sections Section 1-8 and 5-915 of | 13 | | this Act, when their use is needed for good cause and with an | 14 | | order from the juvenile court, as required by those not | 15 | | authorized to retain them. Inspection and copying of law | 16 | | enforcement records maintained by law
enforcement agencies or | 17 | | records of municipal ordinance violations maintained by any | 18 | | State, local, or municipal agency that relate to a minor who | 19 | | has been investigated, arrested, or taken
into custody before | 20 | | his or her 18th birthday shall be restricted to the
following:
| 21 | | (0.05) The minor who is the subject of record, his or | 22 | | her parents, guardian, and counsel. | 23 | | (1) Any local, State , or federal law enforcement |
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| 1 | | officers of any
jurisdiction or agency when necessary for | 2 | | the discharge of their official
duties during the | 3 | | investigation or prosecution of a crime or relating to a
| 4 | | minor who has been adjudicated delinquent and there has | 5 | | been a previous finding
that the act which constitutes the | 6 | | previous offense was committed in
furtherance of criminal | 7 | | activities by a criminal street gang, or, when necessary | 8 | | for the discharge of its official duties in connection with | 9 | | a particular investigation of the conduct of a law | 10 | | enforcement officer, an independent agency or its staff | 11 | | created by ordinance and charged by a unit of local | 12 | | government with the duty of investigating the conduct of | 13 | | law enforcement officers. For purposes of
this Section, | 14 | | "criminal street gang" has the meaning ascribed to it in
| 15 | | Section 10 of the Illinois Streetgang Terrorism Omnibus | 16 | | Prevention Act.
| 17 | | (2) Prosecutors, public defenders, probation officers, | 18 | | social workers, or other
individuals assigned by the court | 19 | | to conduct a pre-adjudication or
pre-disposition | 20 | | investigation, and individuals responsible for supervising
| 21 | | or providing temporary or permanent care and custody for | 22 | | minors pursuant to
the order of the juvenile court, when | 23 | | essential to performing their
responsibilities.
| 24 | | (3) Prosecutors , public defenders, and probation | 25 | | officers:
| 26 | | (a) in the course of a trial when institution of |
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| 1 | | criminal proceedings
has been permitted or required | 2 | | under Section 5-805; or
| 3 | | (b) when institution of criminal proceedings has | 4 | | been permitted or required under Section 5-805 and such | 5 | | minor is the
subject
of a proceeding to determine the | 6 | | amount of bail; or
| 7 | | (c) when criminal proceedings have been permitted
| 8 | | or
required under Section 5-805 and such minor is the | 9 | | subject of a
pre-trial
investigation, pre-sentence | 10 | | investigation, fitness hearing, or proceedings
on an | 11 | | application for probation.
| 12 | | (4) Adult and Juvenile Prisoner Review Board.
| 13 | | (5) Authorized military personnel.
| 14 | | (6) Persons engaged in bona fide research, with the | 15 | | permission of the
Presiding Judge of the Juvenile Court and | 16 | | the chief executive of the respective
law enforcement | 17 | | agency; provided that publication of such research results
| 18 | | in no disclosure of a minor's identity and protects the | 19 | | confidentiality
of the minor's record.
| 20 | | (7) Department of Children and Family Services child | 21 | | protection
investigators acting in their official | 22 | | capacity.
| 23 | | (8) The appropriate school official only if the agency | 24 | | or officer believes that there is an imminent threat of | 25 | | physical harm to students, school personnel, or others who | 26 | | are present in the school or on school grounds. |
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| 1 | | (A) Inspection and copying
shall be limited to law | 2 | | enforcement records transmitted to the appropriate
| 3 | | school official or officials whom the school has | 4 | | determined to have a legitimate educational or safety | 5 | | interest by a local law enforcement agency under a | 6 | | reciprocal reporting
system established and maintained | 7 | | between the school district and the local law
| 8 | | enforcement agency under Section 10-20.14 of the | 9 | | School Code concerning a minor
enrolled in a school | 10 | | within the school district who has been arrested or | 11 | | taken
into custody for any of the following offenses:
| 12 | | (i) any violation of Article 24 of the Criminal | 13 | | Code of
1961 or the Criminal Code of 2012;
| 14 | | (ii) a violation of the Illinois Controlled | 15 | | Substances Act;
| 16 | | (iii) a violation of the Cannabis Control Act;
| 17 | | (iv) a forcible felony as defined in Section | 18 | | 2-8 of the Criminal Code
of 1961 or the Criminal | 19 | | Code of 2012; | 20 | | (v) a violation of the Methamphetamine Control | 21 | | and Community Protection Act;
| 22 | | (vi) a violation of Section 1-2 of the | 23 | | Harassing and Obscene Communications Act; | 24 | | (vii) a violation of the Hazing Act; or | 25 | | (viii) a violation of Section 12-1, 12-2, | 26 | | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, |
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| 1 | | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | 2 | | Criminal Code of 1961 or the Criminal Code of 2012. | 3 | | The information derived from the law enforcement | 4 | | records shall be kept separate from and shall not | 5 | | become a part of the official school record of that | 6 | | child and shall not be a public record. The information | 7 | | shall be used solely by the appropriate school official | 8 | | or officials whom the school has determined to have a | 9 | | legitimate educational or safety interest to aid in the | 10 | | proper rehabilitation of the child and to protect the | 11 | | safety of students and employees in the school. If the | 12 | | designated law enforcement and school officials deem | 13 | | it to be in the best interest of the minor, the student | 14 | | may be referred to in-school or community based social | 15 | | services if those services are available. | 16 | | "Rehabilitation services" may include interventions by | 17 | | school support personnel, evaluation for eligibility | 18 | | for special education, referrals to community-based | 19 | | agencies such as youth services, behavioral healthcare | 20 | | service providers, drug and alcohol prevention or | 21 | | treatment programs, and other interventions as deemed | 22 | | appropriate for the student. | 23 | | (B) Any information provided to appropriate school | 24 | | officials whom the school has determined to have a | 25 | | legitimate educational or safety interest by local law | 26 | | enforcement officials about a minor who is the subject |
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| 1 | | of a current police investigation that is directly | 2 | | related to school safety shall consist of oral | 3 | | information only, and not written law enforcement | 4 | | records, and shall be used solely by the appropriate | 5 | | school official or officials to protect the safety of | 6 | | students and employees in the school and aid in the | 7 | | proper rehabilitation of the child. The information | 8 | | derived orally from the local law enforcement | 9 | | officials shall be kept separate from and shall not | 10 | | become a part of the official school record of the | 11 | | child and shall not be a public record. This limitation | 12 | | on the use of information about a minor who is the | 13 | | subject of a current police investigation shall in no | 14 | | way limit the use of this information by prosecutors in | 15 | | pursuing criminal charges arising out of the | 16 | | information disclosed during a police investigation of | 17 | | the minor. For purposes of this paragraph, | 18 | | "investigation" means an official systematic inquiry | 19 | | by a law enforcement agency into actual or suspected | 20 | | criminal activity. | 21 | | (9) Mental health professionals on behalf of the | 22 | | Illinois Department of
Corrections or the Department of | 23 | | Human Services or prosecutors who are
evaluating, | 24 | | prosecuting, or investigating a potential or actual | 25 | | petition
brought
under the Sexually Violent Persons | 26 | | Commitment Act relating to a person who is
the
subject of |
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| 1 | | juvenile law enforcement records or the respondent to a | 2 | | petition
brought under the Sexually Violent Persons | 3 | | Commitment Act who is the subject of
the
juvenile law | 4 | | enforcement records sought.
Any records and any | 5 | | information obtained from those records under this
| 6 | | paragraph (9) may be used only in sexually violent persons | 7 | | commitment
proceedings.
| 8 | | (10) The president of a park district. Inspection and | 9 | | copying shall be limited to law enforcement records | 10 | | transmitted to the president of the park district by the | 11 | | Illinois State Police under Section 8-23 of the Park | 12 | | District Code or Section 16a-5 of the Chicago Park District | 13 | | Act concerning a person who is seeking employment with that | 14 | | park district and who has been adjudicated a juvenile | 15 | | delinquent for any of the offenses listed in subsection (c) | 16 | | of Section 8-23 of the Park District Code or subsection (c) | 17 | | of Section 16a-5 of the Chicago Park District Act. | 18 | | (B)(1) Except as provided in paragraph (2), no law | 19 | | enforcement
officer or other person or agency may knowingly | 20 | | transmit to the Department of
Corrections or the Department of | 21 | | State Police or to the Federal
Bureau of Investigation any | 22 | | fingerprint or photograph relating to a minor who
has been | 23 | | arrested or taken into custody before his or her 18th birthday,
| 24 | | unless the court in proceedings under this Act authorizes the | 25 | | transmission or
enters an order under Section 5-805 permitting | 26 | | or requiring the
institution of
criminal proceedings.
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| 1 | | (2) Law enforcement officers or other persons or agencies | 2 | | shall transmit
to the Department of State Police copies of | 3 | | fingerprints and descriptions
of all minors who have been | 4 | | arrested or taken into custody before their
18th birthday for | 5 | | the offense of unlawful use of weapons under Article 24 of
the | 6 | | Criminal Code of 1961 or the Criminal Code of 2012, a Class X | 7 | | or Class 1 felony, a forcible felony as
defined in Section 2-8 | 8 | | of the Criminal Code of 1961 or the Criminal Code of 2012, or a | 9 | | Class 2 or greater
felony under the Cannabis Control Act, the | 10 | | Illinois Controlled Substances Act, the Methamphetamine | 11 | | Control and Community Protection Act,
or Chapter 4 of the | 12 | | Illinois Vehicle Code, pursuant to Section 5 of the
Criminal | 13 | | Identification Act. Information reported to the Department | 14 | | pursuant
to this Section may be maintained with records that | 15 | | the Department files
pursuant to Section 2.1 of the Criminal | 16 | | Identification Act. Nothing in this
Act prohibits a law | 17 | | enforcement agency from fingerprinting a minor taken into
| 18 | | custody or arrested before his or her 18th birthday for an | 19 | | offense other than
those listed in this paragraph (2).
| 20 | | (C) The records of law enforcement officers, or of an | 21 | | independent agency created by ordinance and charged by a unit | 22 | | of local government with the duty of investigating the conduct | 23 | | of law enforcement officers, concerning all minors under
18 | 24 | | years of age must be maintained separate from the records of | 25 | | arrests and
may not be open to public inspection or their | 26 | | contents disclosed to the
public . For purposes of obtaining |
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| 1 | | documents under this Section, a civil subpoena is not an order | 2 | | of the court. | 3 | | (1) In cases where the law enforcement, or independent | 4 | | agency, records concern a pending juvenile court case, the | 5 | | party seeking to inspect the records shall provide actual | 6 | | notice to the attorney or guardian ad litem of the minor | 7 | | whose records are sought. | 8 | | (2) In cases where the records concern a juvenile court | 9 | | case that is no longer pending, the party seeking to | 10 | | inspect the records shall provide actual notice to the | 11 | | minor or the minor's parent or legal guardian, and the | 12 | | matter shall be referred to the chief judge presiding over | 13 | | matters pursuant to this Act. | 14 | | (3) In determining whether the records should be | 15 | | available for inspection, the court shall consider the | 16 | | minor's interest in confidentiality and rehabilitation | 17 | | over the moving party's interest in obtaining the | 18 | | information. Any records obtained in violation of this | 19 | | subsection (C) shall not be admissible in any criminal or | 20 | | civil proceeding, or operate to disqualify a minor from | 21 | | subsequently holding public office or securing employment, | 22 | | or operate as a forfeiture of any public benefit, right, | 23 | | privilege, or right to receive any license granted by | 24 | | public authority.
| 25 | | (D) Nothing contained in subsection (C) of this Section | 26 | | shall prohibit
the inspection or disclosure to victims and |
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| 1 | | witnesses of photographs
contained in the records of law | 2 | | enforcement agencies when the
inspection and disclosure is | 3 | | conducted in the presence of a law enforcement
officer for the | 4 | | purpose of the identification or apprehension of any person
| 5 | | subject to the provisions of this Act or for the investigation | 6 | | or
prosecution of any crime.
| 7 | | (E) Law enforcement officers, and personnel of an | 8 | | independent agency created by ordinance and charged by a unit | 9 | | of local government with the duty of investigating the conduct | 10 | | of law enforcement officers, may not disclose the identity of | 11 | | any minor
in releasing information to the general public as to | 12 | | the arrest, investigation
or disposition of any case involving | 13 | | a minor.
| 14 | | (F) Nothing contained in this Section shall prohibit law | 15 | | enforcement
agencies from communicating with each other by | 16 | | letter, memorandum, teletype or
intelligence alert bulletin or | 17 | | other means the identity or other relevant
information | 18 | | pertaining to a person under 18 years of age if there are
| 19 | | reasonable grounds to believe that the person poses a real and | 20 | | present danger
to the safety of the public or law enforcement | 21 | | officers. The information
provided under this subsection (F) | 22 | | shall remain confidential and shall not
be publicly disclosed, | 23 | | except as otherwise allowed by law.
| 24 | | (G) Nothing in this Section shall prohibit the right of a | 25 | | Civil Service
Commission or appointing authority of any state, | 26 | | county or municipality
examining the character and fitness of |
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| 1 | | an applicant for employment with a law
enforcement agency, | 2 | | correctional institution, or fire department
from obtaining | 3 | | and examining the
records of any law enforcement agency | 4 | | relating to any record of the applicant
having been arrested or | 5 | | taken into custody before the applicant's 18th
birthday.
| 6 | | (H) The changes made to this Section by Public Act 98-61 | 7 | | apply to law enforcement records of a minor who has been | 8 | | arrested or taken into custody on or after January 1, 2014 (the | 9 | | effective date of Public Act 98-61). | 10 | | (I) Willful violation of this Section is a Class C | 11 | | misdemeanor and each violation is subject to a fine of $1,000. | 12 | | This subsection (I) shall not apply to the person who is the | 13 | | subject of the record. | 14 | | (J) A person convicted of violating this Section is liable | 15 | | for damages in the amount of $1,000 or actual damages, | 16 | | whichever is greater. | 17 | | (Source: P.A. 99-298, eff. 8-6-15; 100-285, eff. 1-1-18; | 18 | | revised 10-5-17.)
| 19 | | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| 20 | | Sec. 1-8. Confidentiality and accessibility of juvenile | 21 | | court records.
| 22 | | (A) A juvenile adjudication shall never be considered a | 23 | | conviction nor shall an adjudicated individual be considered a | 24 | | criminal. Unless expressly allowed by law, a juvenile | 25 | | adjudication shall not operate to impose upon the individual |
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| 1 | | any of the civil disabilities ordinarily imposed by or | 2 | | resulting from conviction. Unless expressly allowed by law, | 3 | | adjudications shall not prejudice or disqualify the individual | 4 | | in any civil service application or appointment, from holding | 5 | | public office, or from receiving any license granted by public | 6 | | authority. All juvenile records which have not been expunged | 7 | | are sealed and may never be disclosed to the general public or | 8 | | otherwise made widely available. Sealed records may be obtained | 9 | | only under this Section and Section 1-7 and Section 5-915 of | 10 | | this Act, when their use is needed for good cause and with an | 11 | | order from the juvenile court, as required by those not | 12 | | authorized to retain them. Inspection and copying of juvenile | 13 | | court records relating to a minor
who is the subject of a | 14 | | proceeding under this Act shall be restricted to the
following:
| 15 | | (1) The minor who is the subject of record, his | 16 | | parents, guardian
and counsel.
| 17 | | (2) Law enforcement officers and law enforcement | 18 | | agencies when such
information is essential to executing an | 19 | | arrest or search warrant or other
compulsory process, or to | 20 | | conducting an ongoing investigation
or relating to a minor | 21 | | who
has been adjudicated delinquent and there has been a | 22 | | previous finding that
the act which constitutes the | 23 | | previous offense was committed in furtherance
of criminal | 24 | | activities by a criminal street gang.
| 25 | | Before July 1, 1994, for the purposes of this Section, | 26 | | "criminal street
gang" means any ongoing
organization, |
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| 1 | | association, or group of 3 or more persons, whether formal | 2 | | or
informal, having as one of its primary activities the | 3 | | commission of one or
more criminal acts and that has a | 4 | | common name or common identifying sign,
symbol or specific | 5 | | color apparel displayed, and whose members individually
or | 6 | | collectively engage in or have engaged in a pattern of | 7 | | criminal activity.
| 8 | | Beginning July 1, 1994, for purposes of this Section, | 9 | | "criminal street
gang" has the meaning ascribed to it in | 10 | | Section 10 of the Illinois Streetgang
Terrorism Omnibus | 11 | | Prevention Act.
| 12 | | (3) Judges, hearing officers, prosecutors, public | 13 | | defenders, probation officers, social
workers or other
| 14 | | individuals assigned by the court to conduct a | 15 | | pre-adjudication or
predisposition investigation, and | 16 | | individuals responsible for supervising
or providing | 17 | | temporary or permanent care and custody for minors pursuant
| 18 | | to the order of the juvenile court when essential to | 19 | | performing their
responsibilities.
| 20 | | (4) Judges, prosecutors , public defenders, and | 21 | | probation officers:
| 22 | | (a) in the course of a trial when institution of | 23 | | criminal proceedings
has been permitted or required | 24 | | under Section 5-805; or
| 25 | | (b) when criminal proceedings have been permitted
| 26 | | or
required under Section 5-805 and a minor is the |
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| 1 | | subject of a
proceeding to
determine the amount of | 2 | | bail; or
| 3 | | (c) when criminal proceedings have been permitted
| 4 | | or
required under Section 5-805 and a minor is the | 5 | | subject of a
pre-trial
investigation, pre-sentence | 6 | | investigation or fitness hearing, or
proceedings on an | 7 | | application for probation; or
| 8 | | (d) when a minor becomes 18 years of age or older, | 9 | | and is the subject
of criminal proceedings, including a | 10 | | hearing to determine the amount of
bail, a pre-trial | 11 | | investigation, a pre-sentence investigation, a fitness
| 12 | | hearing, or proceedings on an application for | 13 | | probation.
| 14 | | (5) Adult and Juvenile Prisoner Review Boards.
| 15 | | (6) Authorized military personnel.
| 16 | | (7) Victims, their subrogees and legal | 17 | | representatives; however, such
persons shall have access | 18 | | only to the name and address of the minor and
information | 19 | | pertaining to the disposition or alternative adjustment | 20 | | plan
of the juvenile court.
| 21 | | (8) Persons engaged in bona fide research, with the | 22 | | permission of the
presiding judge of the juvenile court and | 23 | | the chief executive of the agency
that prepared the | 24 | | particular records; provided that publication of such
| 25 | | research results in no disclosure of a minor's identity and | 26 | | protects the
confidentiality of the record.
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| 1 | | (9) The Secretary of State to whom the Clerk of the | 2 | | Court shall report
the disposition of all cases, as | 3 | | required in Section 6-204 of the Illinois
Vehicle Code. | 4 | | However, information reported relative to these offenses | 5 | | shall
be privileged and available only to the Secretary of | 6 | | State, courts, and police
officers.
| 7 | | (10) The administrator of a bonafide substance abuse | 8 | | student
assistance program with the permission of the | 9 | | presiding judge of the
juvenile court.
| 10 | | (11) Mental health professionals on behalf of the | 11 | | Illinois Department of
Corrections or the Department of | 12 | | Human Services or prosecutors who are
evaluating, | 13 | | prosecuting, or investigating a potential or actual | 14 | | petition
brought
under the Sexually Violent Persons | 15 | | Commitment Act relating to a person who is the
subject of
| 16 | | juvenile court records or the respondent to a petition | 17 | | brought under
the
Sexually Violent Persons Commitment Act, | 18 | | who is the subject of juvenile
court records
sought. Any | 19 | | records and any information obtained from those records | 20 | | under this
paragraph (11) may be used only in sexually | 21 | | violent persons commitment
proceedings.
| 22 | | (A-1) Findings and exclusions of paternity entered in | 23 | | proceedings occurring under Article II of this Act shall be | 24 | | disclosed, in a manner and form approved by the Presiding Judge | 25 | | of the Juvenile Court, to the Department of Healthcare and | 26 | | Family Services when necessary to discharge the duties of the |
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| 1 | | Department of Healthcare and Family Services under Article X of | 2 | | the Illinois Public Aid Code. | 3 | | (B) A minor who is the victim in a juvenile proceeding | 4 | | shall be
provided the same confidentiality regarding | 5 | | disclosure of identity as the
minor who is the subject of | 6 | | record.
| 7 | | (C) Juvenile court
records shall not be made available to | 8 | | the general public. For purposes of inspecting documents under | 9 | | this Section, a civil subpoena is not an order of the court.
| 10 | | (0.1) In cases where the records concern a pending | 11 | | juvenile court case, the requesting party seeking to | 12 | | inspect the juvenile court records shall provide actual | 13 | | notice to the attorney or guardian ad litem of the minor | 14 | | whose records are sought. | 15 | | (0.2) In cases where the records concern a juvenile | 16 | | court case that is no longer pending, the requesting party | 17 | | seeking to inspect the juvenile court records shall provide | 18 | | actual notice to the minor or the minor's parent or legal | 19 | | guardian, and the matter shall be referred to the chief | 20 | | judge presiding over matters pursuant to this Act. | 21 | | (0.3) In determining whether records should be made | 22 | | available for inspection and whether inspection should be | 23 | | limited to certain parts of the file, the court shall | 24 | | consider the minor's interest in confidentiality and | 25 | | rehabilitation over the requesting party's interest in | 26 | | obtaining the information. The State's Attorney, the |
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| 1 | | minor, and the minor's parents, guardian, and counsel shall | 2 | | at all times have the right to examine court files and | 3 | | records. | 4 | | (0.4) Any records obtained in violation of this Section | 5 | | shall not be admissible in any criminal or civil | 6 | | proceeding, or operate to disqualify a minor from | 7 | | subsequently holding public office, or operate as a | 8 | | forfeiture of any public benefit, right, privilege, or | 9 | | right to receive any license granted by public authority.
| 10 | | (D) Pending or following any adjudication of delinquency | 11 | | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | 12 | | 12-13 through 12-16 of the Criminal Code of 1961 or the | 13 | | Criminal Code of 2012,
the victim of any such offense shall | 14 | | receive the
rights set out in Sections 4 and 6 of the Bill of
| 15 | | Rights for Victims and Witnesses of Violent Crime Act; and the
| 16 | | juvenile who is the subject of the adjudication, | 17 | | notwithstanding any other
provision of this Act, shall be | 18 | | treated
as an adult for the purpose of affording such rights to | 19 | | the victim.
| 20 | | (E) Nothing in this Section shall affect the right of a | 21 | | Civil Service
Commission or appointing authority of any state, | 22 | | county or municipality
examining the character and fitness of
| 23 | | an applicant for employment with a law enforcement
agency, | 24 | | correctional institution, or fire department to
ascertain
| 25 | | whether that applicant was ever adjudicated to be a delinquent | 26 | | minor and,
if so, to examine the records of disposition or |
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| 1 | | evidence which were made in
proceedings under this Act.
| 2 | | (F) Following any adjudication of delinquency for a crime | 3 | | which would be
a felony if committed by an adult, or following | 4 | | any adjudication of delinquency
for a violation of Section | 5 | | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | 6 | | Criminal Code of 2012, the State's Attorney shall ascertain
| 7 | | whether the minor respondent is enrolled in school and, if so, | 8 | | shall provide
a copy of the dispositional order to the | 9 | | principal or chief administrative
officer of the school. Access | 10 | | to such juvenile records shall be limited
to the principal or | 11 | | chief administrative officer of the school and any guidance
| 12 | | counselor designated by him.
| 13 | | (G) Nothing contained in this Act prevents the sharing or
| 14 | | disclosure of information or records relating or pertaining to | 15 | | juveniles
subject to the provisions of the Serious Habitual | 16 | | Offender Comprehensive
Action Program when that information is | 17 | | used to assist in the early
identification and treatment of | 18 | | habitual juvenile offenders.
| 19 | | (H) When a Court hearing a proceeding under Article II of | 20 | | this Act becomes
aware that an earlier proceeding under Article | 21 | | II had been heard in a different
county, that Court shall | 22 | | request, and the Court in which the earlier
proceedings were | 23 | | initiated shall transmit, an authenticated copy of the Court
| 24 | | record, including all documents, petitions, and orders filed | 25 | | therein and the
minute orders, transcript of proceedings, and | 26 | | docket entries of the Court.
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| 1 | | (I) The Clerk of the Circuit Court shall report to the | 2 | | Department of
State
Police, in the form and manner required by | 3 | | the Department of State Police, the
final disposition of each | 4 | | minor who has been arrested or taken into custody
before his or | 5 | | her 18th birthday for those offenses required to be reported
| 6 | | under Section 5 of the Criminal Identification Act. Information | 7 | | reported to
the Department under this Section may be maintained | 8 | | with records that the
Department files under Section 2.1 of the | 9 | | Criminal Identification Act.
| 10 | | (J) The changes made to this Section by Public Act 98-61 | 11 | | apply to law enforcement records of a minor who has been | 12 | | arrested or taken into custody on or after January 1, 2014 (the | 13 | | effective date of Public Act 98-61). | 14 | | (K) Willful violation of this Section is a Class C | 15 | | misdemeanor and each violation is subject to a fine of $1,000. | 16 | | This subsection (K) shall not apply to the person who is the | 17 | | subject of the record. | 18 | | (L) A person convicted of violating this Section is liable | 19 | | for damages in the amount of $1,000 or actual damages, | 20 | | whichever is greater. | 21 | | (Source: P.A. 100-285, eff. 1-1-18 .)
| 22 | | (705 ILCS 405/5-915)
| 23 | | Sec. 5-915. Expungement of juvenile law enforcement and | 24 | | court records.
| 25 | | (0.05) For purposes of this Section : |
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| 1 | | "Dissemination" or "disseminate" means to publish, | 2 | | produce, print, manufacture, distribute, sell, lease, | 3 | | exhibit, broadcast, display, transmit, or otherwise share | 4 | | information in any format so as to make the information | 5 | | accessible to others. | 6 | | "Expunge" means to physically destroy the records and | 7 | | to obliterate the minor's name and juvenile court records | 8 | | from any official index, public record, or electronic | 9 | | database. No evidence of the juvenile court records may be | 10 | | retained by any law enforcement agency, the juvenile court, | 11 | | or by any municipal, county, or State agency or department. | 12 | | Nothing in this Act shall require the physical destruction | 13 | | of the internal office records, files, or databases | 14 | | maintained by a State's Attorney's Office or other | 15 | | prosecutor , public defender, probation officer, or by the | 16 | | Office of the Secretary of State. | 17 | | "Juvenile court record" includes, but is not limited | 18 | | to: | 19 | | (a) all documents filed in or maintained by the | 20 | | juvenile court pertaining to a specific incident, | 21 | | proceeding, or individual; | 22 | | (b) all documents relating to a specific incident, | 23 | | proceeding, or individual made available to or maintained | 24 | | by probation officers; | 25 | | (c) all documents, video or audio tapes, | 26 | | photographs, and exhibits admitted into evidence at |
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| 1 | | juvenile court hearings; or | 2 | | (d) all documents, transcripts, records, reports | 3 | | or other evidence prepared by, maintained by, or released | 4 | | by any municipal, county, or State state agency or | 5 | | department, in any format, if indicating involvement with | 6 | | the juvenile court relating to a specific incident, | 7 | | proceeding, or individual. | 8 | | "Law enforcement record" includes , but is not limited | 9 | | to , records of arrest, station adjustments, fingerprints, | 10 | | probation adjustments, the issuance of a notice to appear, | 11 | | or any other records or documents maintained by any law | 12 | | enforcement agency relating to a minor suspected of | 13 | | committing an offense or evidence of interaction with law | 14 | | enforcement. | 15 | | (0.1) (a) The Department of State Police and all law | 16 | | enforcement agencies within the State shall automatically | 17 | | expunge, on or before January 1 of each year, all law | 18 | | enforcement records relating to events occurring before an | 19 | | individual's 18th birthday if: | 20 | | (1) one year or more has elapsed since the date of the | 21 | | arrest or law enforcement interaction documented in the | 22 | | records; | 23 | | (2) no petition for delinquency or criminal charges | 24 | | were filed with the clerk of the circuit court relating to | 25 | | the arrest or law enforcement interaction documented in the | 26 | | records; and |
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| 1 | | (3) 6 months have elapsed without an additional | 2 | | subsequent arrest or filing of a petition for delinquency | 3 | | or criminal charges whether related or not to the arrest or | 4 | | law enforcement interaction documented in the records. | 5 | | (b) If the law enforcement agency is unable to verify | 6 | | satisfaction of conditions (2) and (3) of this subsection | 7 | | (0.1), records that satisfy condition (1) of this subsection | 8 | | (0.1) shall be automatically expunged if the records relate to | 9 | | an offense that if committed by an adult would not be an | 10 | | offense classified as Class 2 felony or higher, an offense | 11 | | under Article 11 of the Criminal Code of 1961 or Criminal Code | 12 | | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | 13 | | 12-15, or 12-16 of the Criminal Code of 1961. | 14 | | (0.2) (a) Upon dismissal of a petition alleging delinquency | 15 | | or upon a finding of not delinquent, the successful termination | 16 | | of an order of supervision, or the successful termination of an | 17 | | adjudication for an offense which would be a Class B | 18 | | misdemeanor, Class C misdemeanor, or a petty or business | 19 | | offense if committed by an adult, the court shall automatically | 20 | | order the expungement of the juvenile court and law enforcement | 21 | | records . The clerk shall deliver a certified copy of the | 22 | | expungement order to the Department of State Police and the | 23 | | arresting agency. Upon request, the State's Attorney shall | 24 | | furnish the name of the arresting agency. The expungement shall | 25 | | be completed within 60 business days after the receipt of the | 26 | | expungement order . |
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| 1 | | (b) If the chief law enforcement officer of the agency, or | 2 | | his or her designee, certifies in writing that certain | 3 | | information is needed for a pending investigation involving the | 4 | | commission of a felony, that information, and information | 5 | | identifying the juvenile, may be retained in an intelligence | 6 | | file until the investigation is terminated or for one | 7 | | additional year, whichever is sooner. Retention of a portion of | 8 | | a juvenile's law enforcement record does not disqualify the | 9 | | remainder of his or her record from immediate automatic | 10 | | expungement. | 11 | | (0.3) (a) Upon an adjudication of delinquency based on any | 12 | | offense except a disqualified offense, the juvenile court shall | 13 | | automatically order the expungement of the juvenile court and | 14 | | law enforcement records 2 years after the juvenile's case was | 15 | | closed if no delinquency or criminal proceeding is pending and | 16 | | the person has had no subsequent delinquency adjudication or | 17 | | criminal conviction. The clerk shall deliver a certified copy | 18 | | of the expungement order to the Department of State Police and | 19 | | the arresting agency. Upon request, the State's Attorney shall | 20 | | furnish the name of the arresting agency. The expungement shall | 21 | | be completed within 60 business days after the receipt of the | 22 | | expungement order The court shall automatically order the | 23 | | expungement of the juvenile court and law enforcement records | 24 | | within 60 business days . For the purposes of this subsection | 25 | | (0.3), "disqualified offense" means any of the following | 26 | | offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, |
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| 1 | | 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, | 2 | | 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, | 3 | | 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, | 4 | | 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, | 5 | | 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, | 6 | | 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, | 7 | | 31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or | 8 | | subsection (b) of Section 8-1, paragraph (4) of subsection (a) | 9 | | of Section 11-14.4, subsection (a-5) of Section 12-3.1, | 10 | | paragraph (1), (2), or (3) of subsection (a) of Section 12-6, | 11 | | subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or | 12 | | (2) of subsection (a) of Section 12-7.4, subparagraph (i) of | 13 | | paragraph (1) of subsection (a) of Section 12-9, subparagraph | 14 | | (H) of paragraph (3) of subsection (a) of Section 24-1.6, | 15 | | paragraph (1) of subsection (a) of Section 25-1, or subsection | 16 | | (a-7) of Section 31-1 of the Criminal Code of 2012. | 17 | | (b) If the chief law enforcement officer of the agency, or | 18 | | his or her designee, certifies in writing that certain | 19 | | information is needed for a pending investigation involving the | 20 | | commission of a felony, that information, and information | 21 | | identifying the juvenile, may be retained in an intelligence | 22 | | file until the investigation is terminated or for one | 23 | | additional year, whichever is sooner. Retention of a portion of | 24 | | a juvenile's law enforcement record does not disqualify the | 25 | | remainder of his or her record from immediate automatic | 26 | | expungement. |
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| 1 | | (1) Nothing in this subsection (1) precludes an eligible | 2 | | minor from obtaining expungement under subsection subsections | 3 | | (0.1), (0.2), or (0.3). Whenever a person has been arrested, | 4 | | charged, or adjudicated delinquent for an incident occurring | 5 | | before his or her 18th birthday that if committed by an adult | 6 | | would be an offense, and that person's records are not eligible | 7 | | for automatic expungement under subsection subsections (0.1), | 8 | | (0.2), or (0.3), the
person may petition the court at any time | 9 | | for expungement of law
enforcement records and juvenile court | 10 | | records relating to the incident and, upon termination of all | 11 | | juvenile
court proceedings relating to that incident, the court | 12 | | shall order the expungement of all records in the possession of | 13 | | the Department of State Police, the clerk of the circuit court, | 14 | | and law enforcement agencies relating to the incident, but only | 15 | | in any of the following circumstances:
| 16 | | (a) the minor was arrested and no petition for | 17 | | delinquency was filed with
the clerk of the circuit court; | 18 | | (a-5) the minor was charged with an offense and the | 19 | | petition or petitions were dismissed without a finding of | 20 | | delinquency;
| 21 | | (b) the minor was charged with an offense and was found | 22 | | not delinquent of
that offense;
| 23 | | (c) the minor was placed under supervision pursuant to | 24 | | Section 5-615, and
the order of
supervision has since been | 25 | | successfully terminated; or
| 26 | | (d)
the minor was adjudicated for an offense which |
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| 1 | | would be a Class B
misdemeanor, Class C misdemeanor, or a | 2 | | petty or business offense if committed by an adult.
| 3 | | (1.5) January 1, 2015 (Public Act 98-637) The Department of | 4 | | State Police shall allow a person to use the Access and Review | 5 | | process, established in the Department of State Police, for | 6 | | verifying that his or her law enforcement records relating to | 7 | | incidents occurring before his or her 18th birthday eligible | 8 | | under this Act have been expunged . | 9 | | (1.6) (Blank). January 1, 2015 (Public Act 98-637) January | 10 | | 1, 2015 (Public Act 98-637) | 11 | | (1.7) (Blank). | 12 | | (1.8) (Blank). | 13 | | (2) Any person whose delinquency adjudications are not | 14 | | eligible for automatic expungement under subsection (0.3) of | 15 | | this Section may petition the court to expunge all law | 16 | | enforcement records
relating to any
incidents occurring before | 17 | | his or her 18th birthday which did not result in
proceedings in | 18 | | criminal court and all juvenile court records with respect to
| 19 | | any adjudications except those based upon first degree
murder | 20 | | or an offense under Article 11 of the Criminal Code of 2012 if | 21 | | the person is required to register under the Sex Offender | 22 | | Registration Act; provided that:
| 23 | | (a) (blank); or
| 24 | | (b) 2 years have elapsed since all juvenile court | 25 | | proceedings relating to
him or her have been terminated and | 26 | | his or her commitment to the Department of
Juvenile Justice
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| 1 | | under this Act has been terminated.
| 2 | | (2.5) If a minor is arrested and no petition for | 3 | | delinquency is filed with the clerk of the circuit court at the | 4 | | time the minor is released from custody, the youth officer, if | 5 | | applicable, or other designated person from the arresting | 6 | | agency, shall notify verbally and in writing to the minor or | 7 | | the minor's parents or guardians that the minor shall have an | 8 | | arrest record and shall provide the minor and the minor's | 9 | | parents or guardians with an expungement information packet, | 10 | | information regarding this State's expungement laws including | 11 | | a petition to expunge juvenile records obtained from the clerk | 12 | | of the circuit court. | 13 | | (2.6) If a minor is referred to court then at the time of | 14 | | sentencing or dismissal of the case, or successful completion | 15 | | of supervision, the judge shall inform the delinquent minor of | 16 | | his or her rights regarding expungement and the clerk of the | 17 | | circuit court shall provide an expungement information packet | 18 | | to the minor, written in plain language, including information | 19 | | regarding this State's expungement laws and a petition for | 20 | | expungement, a sample of a completed petition, expungement | 21 | | instructions that shall include information informing the | 22 | | minor that (i) once the case is expunged, it shall be treated | 23 | | as if it never occurred, (ii) he or she may apply to have | 24 | | petition fees waived, (iii) once he or she obtains an | 25 | | expungement, he or she may not be required to disclose that he | 26 | | or she had a juvenile record, and (iv) if petitioning he or she |
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| 1 | | may file the petition on his or her own or with the assistance | 2 | | of an attorney. The failure of the judge to inform the | 3 | | delinquent minor of his or her right to petition for | 4 | | expungement as provided by law does not create a substantive | 5 | | right, nor is that failure grounds for: (i) a reversal of an | 6 | | adjudication of delinquency, (ii) a new trial; or (iii) an | 7 | | appeal. | 8 | | (2.7) (Blank). | 9 | | (2.8) The petition for expungement for subsection (1) and | 10 | | (2) may include multiple offenses on the same petition and | 11 | | shall be substantially in the following form: | 12 | | IN THE CIRCUIT COURT OF ......, ILLINOIS
| 13 | | ........ JUDICIAL CIRCUIT
| 14 | | IN THE INTEREST OF ) NO.
| 15 | | )
| 16 | | )
| 17 | | ...................)
| 18 | | (Name of Petitioner) | 19 | | PETITION TO EXPUNGE JUVENILE RECORDS | 20 | | (705 ILCS 405/5-915 (SUBSECTION 1 AND 2)) | 21 | | Now comes ............., petitioner, and respectfully requests
| 22 | | that this Honorable Court enter an order expunging all juvenile | 23 | | law enforcement and court records of petitioner and in support | 24 | | thereof states that:
Petitioner was arrested on ..... by the |
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| 1 | | ....... Police Department for the offense or offenses of | 2 | | ......., and:
| 3 | | (Check All That Apply:)
| 4 | | ( ) a. no petition or petitions were filed with the Clerk of | 5 | | the Circuit Court. | 6 | | ( ) b. was charged with ...... and was found not delinquent
of | 7 | | the offense or offenses. | 8 | | ( ) c. a petition or petitions were filed and the petition or | 9 | | petitions were dismissed without a finding of delinquency on | 10 | | ..... | 11 | | ( ) d. on ....... placed under supervision pursuant to Section | 12 | | 5-615 of the Juvenile Court Act of 1987 and such order of | 13 | | supervision successfully terminated on ........ | 14 | | ( ) e. was adjudicated for the offense or offenses, which would | 15 | | have been a Class B misdemeanor, a Class C misdemeanor, or a | 16 | | petty offense or business offense if committed by an adult. | 17 | | ( ) f. was adjudicated for a Class A misdemeanor or felony, | 18 | | except first degree murder or an offense under Article 11 of | 19 | | the Criminal Code of 2012 if the person is required to register | 20 | | under the Sex Offender Registration Act, and 2 years have | 21 | | passed since the case was closed.
| 22 | | Petitioner .... has .... has not been arrested on charges in | 23 | | this or any county other than the charges listed above. If | 24 | | petitioner has been arrested on additional charges, please list | 25 | | the charges below:
| 26 | | Charge(s): ...... |
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| 1 | | Arresting Agency or Agencies: ........... | 2 | | Disposition/Result: (choose from a. through f., above): .....
| 3 | | WHEREFORE, the petitioner respectfully requests this Honorable | 4 | | Court to (1) order all law enforcement agencies to expunge all | 5 | | records of petitioner to this incident or incidents, and (2) to | 6 | | order the Clerk of the Court to expunge all records concerning | 7 | | the petitioner regarding this incident or incidents. | 8 | | ......................
| 9 | | Petitioner (Signature)
| 10 | | ..........................
| 11 | | Petitioner's Street Address
| 12 | | .....................
| 13 | | City, State, Zip Code
| 14 | | .............................
| 15 | | Petitioner's Telephone Number
| 16 | | Pursuant to the penalties of perjury under the Code of Civil | 17 | | Procedure, 735 ILCS 5/1-109, I hereby certify that the | 18 | | statements in this petition are true and correct, or on | 19 | | information and belief I believe the same to be true. | 20 | | ......................
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| 1 | | Petitioner (Signature)
| 2 | | first degree | 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 clerk shall forward a certified copy of the order to the |
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| 1 | | Department of State Police and deliver a certified copy of the | 2 | | order to the arresting agency.
| 3 | | (3.1) The Notice of Expungement shall be in substantially | 4 | | the following form: | 5 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 6 | | .... JUDICIAL CIRCUIT
| 7 | | IN THE INTEREST OF ) NO.
| 8 | | )
| 9 | | )
| 10 | | ...................)
| 11 | | (Name of Petitioner) | 12 | | NOTICE
| 13 | | TO: State's Attorney
| 14 | | TO: Arresting Agency
| 15 | |
| 16 | | ................
| 17 | | ................
| 18 | |
| 19 | | ................
| 20 | | ................
| 21 | | TO: Illinois State Police
| 22 | |
| 23 | | .....................
| 24 | |
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| 1 | | .....................
| 2 | | ATTENTION: Expungement
| 3 | | You are hereby notified that on ....., at ....., in courtroom | 4 | | ..., located at ..., before the Honorable ..., Judge, or any | 5 | | judge sitting in his/her stead, I shall then and there present | 6 | | a Petition to Expunge Juvenile records in the above-entitled | 7 | | matter, at which time and place you may appear. | 8 | | ......................
| 9 | | Petitioner's Signature
| 10 | | ...........................
| 11 | | Petitioner's Street Address
| 12 | | .....................
| 13 | | City, State, Zip Code
| 14 | | .............................
| 15 | | Petitioner's Telephone Number
| 16 | | PROOF OF SERVICE
| 17 | | On the ....... day of ......, 20..., I on oath state that I | 18 | | served this notice and true and correct copies of the | 19 | | above-checked documents by: | 20 | | (Check One:) | 21 | | delivering copies personally to each entity to whom they are | 22 | | directed; | 23 | | or | 24 | | by mailing copies to each entity to whom they are directed by | 25 | | depositing the same in the U.S. Mail, proper postage fully | 26 | | prepaid, before the hour of 5:00 p.m., at the United States |
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| 1 | | Postal Depository located at ................. | 2 | | .........................................
| 3 | |
| 4 | | Signature | 5 | | Clerk of the Circuit Court or Deputy Clerk
| 6 | | Printed Name of Delinquent Minor/Petitioner: .... | 7 | | Address: ........................................ | 8 | | Telephone Number: ............................... | 9 | | (3.2) The Order of Expungement shall be in substantially | 10 | | the following form: | 11 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 12 | | .... JUDICIAL CIRCUIT
| 13 | | IN THE INTEREST OF ) NO.
| 14 | | )
| 15 | | )
| 16 | | ...................)
| 17 | | (Name of Petitioner)
| 18 | | DOB ................ | 19 | | Arresting Agency/Agencies ...... | 20 | | ORDER OF EXPUNGEMENT
| 21 | | (705 ILCS 405/5-915 (SUBSECTION 3))
| 22 | | This matter having been heard on the petitioner's motion and | 23 | | the court being fully advised in the premises does find that | 24 | | the petitioner is indigent or has presented reasonable cause to |
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| 1 | | waive all costs in this matter, IT IS HEREBY ORDERED that: | 2 | | ( ) 1. Clerk of Court and Department of State Police costs | 3 | | are hereby waived in this matter. | 4 | | ( ) 2. The Illinois State Police Bureau of Identification | 5 | | and the following law enforcement agencies expunge all records | 6 | | of petitioner relating to an arrest dated ...... for the | 7 | | offense of ...... | 8 | | Law Enforcement Agencies:
| 9 | | .........................
| 10 | | .........................
| 11 | | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | 12 | | Court expunge all records regarding the above-captioned case. | 13 | | ENTER: ......................
| 14 | |
| 15 | | JUDGE | 16 | | DATED: ....... | 17 | | Name:
| 18 | | Attorney for:
| 19 | | Address:
City/State/Zip:
| 20 | | Attorney Number: | 21 | | (3.3) The Notice of Objection shall be in substantially the | 22 | | following form: | 23 | | IN THE CIRCUIT COURT OF ....., ILLINOIS
| 24 | | ....................... JUDICIAL CIRCUIT
| 25 | | IN THE INTEREST OF ) NO.
|
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| 1 | | )
| 2 | | )
| 3 | | ...................)
| 4 | | (Name of Petitioner) | 5 | | NOTICE OF OBJECTION
| 6 | | TO:(Attorney, Public Defender, Minor)
| 7 | | .................................
| 8 | | .................................
| 9 | | TO:(Illinois State Police)
| 10 | | .................................
| 11 | | ................................. | 12 | | TO:(Clerk of the Court)
| 13 | | .................................
| 14 | | .................................
| 15 | | TO:(Judge)
| 16 | | .................................
| 17 | | .................................
| 18 | | TO:(Arresting Agency/Agencies)
| 19 | | .................................
| 20 | | ................................. | 21 | | ATTENTION:
You are hereby notified that an objection has been | 22 | | filed by the following entity regarding the above-named minor's | 23 | | petition for expungement of juvenile records: | 24 | | ( ) State's Attorney's Office;
| 25 | | ( ) Prosecutor (other than State's Attorney's Office) charged |
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| 1 | | with the duty of prosecuting the offense sought to be expunged;
| 2 | | ( ) Department of Illinois State Police; or
| 3 | | ( ) Arresting Agency or Agencies.
| 4 | | The agency checked above respectfully requests that this case | 5 | | be continued and set for hearing on whether the expungement | 6 | | should or should not be granted.
| 7 | | DATED: ....... | 8 | | Name: | 9 | | Attorney For:
| 10 | | Address: | 11 | | City/State/Zip:
| 12 | | Telephone:
| 13 | | Attorney No.:
| 14 | | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| 15 | | This matter has been set for hearing on the foregoing | 16 | | objection, on ...... in room ...., located at ....., before the | 17 | | Honorable ....., Judge, or any judge sitting in his/her stead.
| 18 | | (Only one hearing shall be set, regardless of the number of | 19 | | Notices of Objection received on the same case).
| 20 | | A copy of this completed Notice of Objection containing the | 21 | | court date, time, and location, has been sent via regular U.S. | 22 | | Mail to the following entities. (If more than one Notice of | 23 | | Objection is received on the same case, each one must be | 24 | | completed with the court date, time and location and mailed to | 25 | | the following entities):
| 26 | | ( ) Attorney, Public Defender or Minor;
|
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| 1 | | ( ) State's Attorney's Office; | 2 | | ( ) Prosecutor (other than State's Attorney's Office) charged | 3 | | with the duty of prosecuting the offense sought to be expunged; | 4 | | ( ) Department of Illinois State Police; and | 5 | | ( ) Arresting agency or agencies.
| 6 | | Date: ...... | 7 | | Initials of Clerk completing this section: .....
| 8 | | (4)(a) Upon entry of an order expunging records or files, | 9 | | the offense, which
the records or files concern shall be | 10 | | treated as if it never occurred. Law
enforcement officers and | 11 | | other public offices and agencies shall properly reply
on | 12 | | inquiry that no record or file exists with respect to the
| 13 | | person.
| 14 | | (a-5) Local law enforcement agencies shall send written | 15 | | notice to the minor of the expungement of any records within 60 | 16 | | days of automatic expungement or the date of service of an | 17 | | expungement order, whichever applies. If a minor's court file | 18 | | has been expunged, the clerk of the circuit court shall send | 19 | | written notice to the minor of the expungement of any records | 20 | | within 60 days of automatic expungement or the date of service | 21 | | of an expungement order, whichever applies. | 22 | | (b) Except with respect to authorized military personnel, | 23 | | an expunged juvenile record may not be considered by any | 24 | | private or public entity in employment matters, certification, | 25 | | licensing, revocation of certification or licensure, or | 26 | | registration. Applications for employment within the State |
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| 1 | | must contain specific language that states that the applicant | 2 | | is not obligated to disclose expunged juvenile records of | 3 | | adjudication or arrest. Employers may not ask, in any format or | 4 | | context, if an applicant has had a juvenile record expunged. | 5 | | Information about an expunged record obtained by a potential | 6 | | employer, even inadvertently, from an employment application | 7 | | that does not contain specific language that states that the | 8 | | applicant is not obligated to disclose expunged juvenile | 9 | | records of adjudication or arrest, shall be treated as | 10 | | dissemination of an expunged record by the employer. | 11 | | (c) A person whose juvenile records have been expunged is | 12 | | not entitled to remission of any fines, costs, or other money | 13 | | paid as a consequence of expungement. | 14 | | (5) (Blank). ,
| 15 | | (5.5) Whether or not expunged, records eligible for | 16 | | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | 17 | | (0.3)(a) may be treated as expunged by the individual subject | 18 | | to the records. | 19 | | (6) Nothing in this Section shall be construed to prohibit | 20 | | the maintenance
of information relating to an offense after | 21 | | records or files concerning the
offense have been expunged if | 22 | | the information is kept in a manner that does not
enable | 23 | | identification of the individual. This information may only be | 24 | | used for anonymous
statistical and bona fide research purposes. | 25 | | (6.5) The Department of State Police or any employee of the | 26 | | Department shall be immune from civil or criminal liability for |
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| 1 | | failure to expunge any records of arrest that are subject to | 2 | | expungement under this Section because of inability to verify a | 3 | | record. Nothing in this Section shall create Department of | 4 | | State Police liability or responsibility for the expungement of | 5 | | law enforcement records it does not possess. | 6 | | (7)(a) The State Appellate Defender shall establish, | 7 | | maintain, and carry out, by December 31, 2004, a juvenile | 8 | | expungement program
to provide information and assistance to | 9 | | minors eligible to have their juvenile records expunged.
| 10 | | (b) The State Appellate Defender shall develop brochures, | 11 | | pamphlets, and
other
materials in
printed form and through the | 12 | | agency's World Wide Web site. The pamphlets and
other materials | 13 | | shall
include at a minimum the following information:
| 14 | | (i) An explanation of the State's juvenile expungement | 15 | | laws, including both automatic expungement and expungement | 16 | | by petition; | 17 | | (ii) The circumstances under which juvenile | 18 | | expungement may occur; | 19 | | (iii) The juvenile offenses that may be expunged; | 20 | | (iv) The steps necessary to initiate and complete the | 21 | | juvenile expungement process;
and | 22 | | (v) Directions on how to contact the State Appellate | 23 | | Defender. | 24 | | (c) The State Appellate Defender shall establish and | 25 | | maintain a statewide
toll-free telephone
number that a person | 26 | | may use to receive information or assistance concerning
the |
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| 1 | | expungement of juvenile records. The State Appellate
Defender | 2 | | shall advertise
the toll-free telephone number statewide. The | 3 | | State Appellate Defender shall
develop an expungement
| 4 | | information packet that may be sent to eligible persons seeking | 5 | | expungement of
their juvenile records,
which may include, but | 6 | | is not limited to, a pre-printed expungement petition
with | 7 | | instructions on how
to complete the petition and a pamphlet | 8 | | containing information that would
assist individuals through
| 9 | | the juvenile expungement process. | 10 | | (d) The State Appellate Defender shall compile a statewide | 11 | | list of volunteer
attorneys willing
to assist eligible | 12 | | individuals through the juvenile expungement process. | 13 | | (e) This Section shall be implemented from funds | 14 | | appropriated by the General
Assembly to the State
Appellate | 15 | | Defender
for this purpose. The State Appellate Defender shall | 16 | | employ the necessary staff
and adopt the
necessary rules for | 17 | | implementation of this Section. | 18 | | (7.5) (a) Willful dissemination of any information | 19 | | contained in an expunged record shall be treated as a Class C | 20 | | misdemeanor and punishable by a fine of $1,000 per violation. | 21 | | (b) Willful dissemination for financial gain of any | 22 | | information contained in an expunged record shall be treated as | 23 | | a Class 4 felony. Dissemination for financial gain by an | 24 | | employee of any municipal, county, or State agency, including | 25 | | law enforcement, shall result in immediate termination. | 26 | | (c) The person whose record was expunged has a right of |
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| 1 | | action against any person who intentionally disseminates an | 2 | | expunged record. In the proceeding, punitive damages up to an | 3 | | amount of $1,000 may be sought in addition to any actual | 4 | | damages. The prevailing party shall be entitled to costs and | 5 | | reasonable attorney fees. | 6 | | (d) The punishments for dissemination of an expunged record | 7 | | shall never apply to the person whose record was expunged. | 8 | | (8)(a) An expunged juvenile record may not be considered by | 9 | | any private or public entity in employment matters, | 10 | | certification, licensing, revocation of certification or | 11 | | licensure, or registration. Applications for employment must | 12 | | contain specific language that states that the applicant is not | 13 | | obligated to disclose expunged juvenile records of | 14 | | adjudication, conviction, or arrest. Employers may not ask if | 15 | | an applicant has had a juvenile record expunged. Effective | 16 | | January 1, 2005, the Department of Labor shall develop a link | 17 | | on the Department's website to inform employers that employers | 18 | | may not ask if an applicant had a juvenile record expunged and | 19 | | that application for employment must contain specific language | 20 | | that states that the applicant is not obligated to disclose | 21 | | expunged juvenile records of adjudication, arrest, or | 22 | | conviction. | 23 | | (b) (Blank). Public Act 93-912 | 24 | | (c) The expungement of juvenile records under subsection | 25 | | subsections 0.1, 0.2, or 0.3 of this Section shall be funded by | 26 | | the additional fine imposed under Section 5-9-1.17 of the |
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| 1 | | Unified Code of Corrections. | 2 | | (9) (Blank). | 3 | | (10) (Blank). Public Act 98-637 Public Act 98-637 | 4 | | (Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; | 5 | | 100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised | 6 | | 10-10-17.)
| 7 | | Section 99. Effective date. This Act takes effect upon | 8 | | becoming law.
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