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| Public Act 096-0707 |
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AN ACT concerning criminal law.
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Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly:
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Section 5. The Criminal Identification Act is amended by | ||||
changing Section 5 as follows:
| ||||
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
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Sec. 5. Arrest reports; expungement.
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(a) All policing bodies of this State shall furnish to the | ||||
Department,
daily, in the form and detail the Department | ||||
requires, fingerprints and
descriptions of all persons who are | ||||
arrested on charges of violating any penal
statute of this | ||||
State for offenses that are classified as felonies and Class
A | ||||
or B misdemeanors and of all minors of the age of 10 and over | ||||
who have been
arrested for an offense which would be a felony | ||||
if committed by an adult, and
may forward such fingerprints and | ||||
descriptions for minors arrested for Class A
or B misdemeanors. | ||||
Moving or nonmoving traffic violations under the Illinois
| ||||
Vehicle Code shall not be reported except for violations of | ||||
Chapter 4, Section
11-204.1, or Section 11-501 of that Code. In | ||||
addition, conservation offenses,
as defined in the Supreme | ||||
Court Rule 501(c), that are classified as Class B
misdemeanors | ||||
shall not be reported. Those law enforcement records maintained | ||||
by the Department for minors arrested for an offense prior to | ||||
their 17th birthday, or minors arrested for a non-felony | ||
offense, if committed by an adult, prior to their 18th | ||
birthday, shall not be forwarded to the Federal Bureau of | ||
Investigation unless those records relate to an arrest in which | ||
a minor was charged as an adult under any of the transfer | ||
provisions of the Juvenile Court Act of 1987.
| ||
Whenever an adult or minor prosecuted as an adult,
not | ||
having previously been convicted of any criminal offense or | ||
municipal
ordinance violation, charged with a violation of a | ||
municipal ordinance or a
felony or misdemeanor, is acquitted or | ||
released without being convicted,
whether the acquittal or | ||
release occurred before, on, or after the
effective date of | ||
this amendatory Act of 1991, the Chief Judge of the circuit
| ||
wherein the charge was brought, any judge of that circuit | ||
designated by the
Chief Judge, or in counties of less than | ||
3,000,000 inhabitants, the presiding
trial judge at the | ||
defendant's trial may upon verified petition of the
defendant | ||
order the record of arrest expunged from the official records | ||
of the
arresting authority and the Department and order that | ||
the records of the clerk
of the circuit court be sealed until | ||
further order of the court upon good cause
shown and the name | ||
of the defendant obliterated on the official index required
to | ||
be kept by the circuit court clerk under Section 16 of the | ||
Clerks of Courts
Act, but the order shall not affect any index | ||
issued by the circuit court clerk
before the entry of the | ||
order. The Department may charge the petitioner a fee
| ||
equivalent to the cost of processing any order to expunge or | ||
seal the records,
and the fee shall be deposited into the State | ||
Police Services Fund. The
records of those arrests, however, | ||
that result in a disposition of
supervision for any offense | ||
shall not be expunged from the records of the
arresting | ||
authority or the Department nor impounded by the court until 2 | ||
years
after discharge and dismissal of supervision. Those | ||
records
that result from a supervision for a violation of | ||
Section 3-707, 3-708, 3-710,
5-401.3, or 11-503 of the Illinois | ||
Vehicle Code or a similar provision
of a local ordinance, or | ||
for a violation of Section 12-3.2, 12-15 or 16A-3
of the | ||
Criminal Code of 1961, or probation under Section 10 of the | ||
Cannabis
Control Act, Section 410 of the Illinois Controlled | ||
Substances Act, Section 70 of the Methamphetamine Control and | ||
Community Protection Act, Section
12-4.3(b)(1) and (2) of the | ||
Criminal Code of 1961 (as those provisions
existed before their | ||
deletion by Public Act 89-313), Section 10-102 of the
Illinois | ||
Alcoholism and Other Drug Dependency Act when the judgment of
| ||
conviction has been vacated, Section 40-10 of the Alcoholism | ||
and Other Drug
Abuse and Dependency Act when the judgment of | ||
conviction has been vacated,
or Section 10 of the Steroid | ||
Control Act shall not be expunged from the records
of the | ||
arresting authority nor impounded by the court until 5 years | ||
after
termination of probation or supervision. Those records | ||
that result from a
supervision for a violation of Section | ||
11-501 of the Illinois Vehicle Code or
a similar provision of a | ||
local ordinance, shall not be expunged. All records
set out | ||
above may be ordered by the court to be expunged from the | ||
records of
the arresting authority and impounded by the court | ||
after 5 years, but shall
not be expunged by the Department, but | ||
shall, on court order be sealed by the
Department and may be | ||
disseminated by the Department only as required by law or
to | ||
the arresting authority, the State's Attorney, and the court | ||
upon a later
arrest for the same or a similar offense or for | ||
the purpose of sentencing for
any subsequent felony. Upon | ||
conviction for any offense, the Department of
Corrections shall | ||
have access to all sealed records of the Department
pertaining | ||
to that individual.
| ||
(a-5) Those records maintained by the Department for | ||
persons arrested
prior to their 17th birthday shall be expunged | ||
as provided in Section 5-915 of
the Juvenile Court Act of 1987.
| ||
(b) Whenever a person has been convicted of a crime or of | ||
the violation of
a municipal ordinance, in the name of a person | ||
whose identity he has stolen
or otherwise come into possession | ||
of, the aggrieved person from whom the
identity was stolen or | ||
otherwise obtained without authorization, upon learning
of the | ||
person having been arrested using his identity, may, upon | ||
verified
petition to the chief judge of the circuit wherein the | ||
arrest was made,
have a court order entered nunc pro tunc by | ||
the chief judge to correct
the arrest record, conviction | ||
record, if any, and all official records of the
arresting | ||
authority, the Department, other criminal justice agencies, | ||
the
prosecutor, and the trial court concerning such arrest, if | ||
any, by removing his
name from all such records in connection | ||
with the arrest and conviction, if
any, and by inserting in the | ||
records the name of the offender, if known or
ascertainable, in | ||
lieu of the aggrieved's name. The records of the
clerk of
the | ||
circuit court clerk shall be sealed until further order of the | ||
court upon
good cause shown and the name of the aggrieved | ||
person obliterated on the
official index required to be kept by | ||
the circuit court clerk under Section 16
of the Clerks of | ||
Courts Act, but the order shall not affect any index issued by
| ||
the circuit court clerk before the entry of the order. Nothing | ||
in this Section
shall limit the Department of State Police or | ||
other criminal justice agencies
or prosecutors from listing | ||
under an offender's name the false names he or she
has used. | ||
For purposes of this Section, convictions for moving and | ||
nonmoving
traffic violations other than convictions for | ||
violations of Chapter 4, Section
11-204.1 or Section 11-501 of | ||
the Illinois Vehicle Code shall not be a bar to
expunging the | ||
record of arrest and court records for
violation of a | ||
misdemeanor or municipal ordinance.
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(c) Whenever a person who has been convicted of an offense | ||
is granted
a pardon by the Governor which specifically | ||
authorizes expungement, he may,
upon verified petition to the | ||
chief judge of the circuit where the person had
been convicted, | ||
any judge of the circuit designated by the Chief Judge, or in
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counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the
defendant's trial, may have a court order | ||
entered expunging the record of
arrest from the official | ||
records of the arresting authority and order that the
records | ||
of the clerk of the circuit court and the Department be sealed | ||
until
further order of the court upon good cause shown or as | ||
otherwise provided
herein, and the name of the defendant | ||
obliterated from the official index
requested to be kept by the | ||
circuit court clerk under Section 16 of the Clerks
of Courts | ||
Act in connection with the arrest and conviction for the | ||
offense for
which he had been pardoned but the order shall not | ||
affect any index issued by
the circuit court clerk before the | ||
entry of the order. All records sealed by
the Department may be | ||
disseminated by the Department only as required by law or
to | ||
the arresting authority, the State's Attorney, and the court | ||
upon a later
arrest for the same or similar offense or for the | ||
purpose of sentencing for any
subsequent felony. Upon | ||
conviction for any subsequent offense, the Department
of | ||
Corrections shall have access to all sealed records of the | ||
Department
pertaining to that individual. Upon entry of the | ||
order of expungement, the
clerk of the circuit court shall | ||
promptly mail a copy of the order to the
person who was | ||
pardoned.
| ||
(c-5) Whenever a person has been convicted of criminal | ||
sexual assault,
aggravated criminal sexual assault, predatory | ||
criminal sexual assault of a
child, criminal sexual abuse, or | ||
aggravated criminal sexual abuse, the victim
of that offense | ||
may request that the State's Attorney of the county in which
| ||
the conviction occurred file a verified petition with the | ||
presiding trial judge
at the defendant's trial to have a court | ||
order entered to seal the records of
the clerk of the circuit | ||
court in connection with the proceedings of the trial
court | ||
concerning that offense. However, the records of the arresting | ||
authority
and the Department of State Police concerning the | ||
offense shall not be
sealed. The court, upon good cause shown, | ||
shall make the records of the clerk
of the circuit court in | ||
connection with the proceedings of the trial court
concerning | ||
the offense available for public inspection.
| ||
(c-6) If a conviction has been set aside on direct review | ||
or on
collateral attack
and the court determines by clear and | ||
convincing evidence that the defendant
was factually innocent | ||
of
the charge, the court shall enter an expungement order as | ||
provided in
subsection (b) of Section 5-5-4
of the Unified Code | ||
of Corrections.
| ||
(d) Notice of the petition for subsections (a), (b), and | ||
(c) shall be
served by the clerk upon the State's Attorney or | ||
prosecutor charged with the duty
of prosecuting the offense, | ||
the Department of State Police, the arresting
agency and the | ||
chief legal officer of the unit of local government
affecting | ||
the arrest. Unless the State's Attorney or prosecutor, the
| ||
Department of State Police, the arresting agency or such chief | ||
legal officer
objects to the petition within 30 days from the | ||
date of the notice, the
court shall enter an order granting or | ||
denying the petition. The clerk
of the court shall promptly | ||
mail a copy of the order to the person, the
arresting agency, | ||
the prosecutor, the Department of State Police and such
other | ||
criminal justice agencies as may be ordered by the judge.
| ||
(e) Nothing herein shall prevent the Department of State | ||
Police from
maintaining all records of any person who is | ||
admitted to probation upon
terms and conditions and who | ||
fulfills those terms and conditions pursuant
to Section 10 of | ||
the Cannabis Control Act, Section 410 of the Illinois
| ||
Controlled Substances Act, Section 70 of the Methamphetamine | ||
Control and Community Protection Act, Section 12-4.3 of the | ||
Criminal Code
of 1961, Section 10-102 of the Illinois | ||
Alcoholism and Other Drug
Dependency Act, Section 40-10 of the | ||
Alcoholism and Other Drug Abuse and
Dependency Act, or Section | ||
10 of the Steroid Control Act.
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(f) No court order issued under the expungement provisions | ||
of this
Section shall become final for purposes of appeal until | ||
30 days after
notice is received by the Department. Any court | ||
order contrary to the
provisions of this Section is void.
| ||
(g) Except as otherwise provided in subsection (c-5) of | ||
this Section,
the court shall not order the sealing or | ||
expungement of the arrest
records and records of the circuit | ||
court clerk of any person granted
supervision for or convicted | ||
of any sexual offense committed against a minor
under 18 years | ||
of age. For the purposes of this Section, "sexual offense
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committed against a minor" includes but is not limited to the | ||
offenses of
indecent solicitation of a child or criminal sexual | ||
abuse when the victim of
such offense is under 18 years of age.
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(h) (1) Applicability. Notwithstanding any other provision | ||
of this Act to the contrary and cumulative with any rights to | ||
expungement of criminal records, this subsection authorizes | ||
the sealing of criminal records of adults and of minors | ||
prosecuted as adults. | ||
(2) Sealable offenses. The following offenses may be | ||
sealed: | ||
(A) All municipal ordinance violations and | ||
misdemeanors, with the exception of the following: | ||
(i) violations of Section 11-501 of the Illinois | ||
Vehicle Code or a similar provision of a local | ||
ordinance; | ||
(ii) violations of Article 11 of the Criminal Code | ||
of 1961 or a similar provision of a local ordinance, | ||
except Section 11-14 of the Criminal Code of 1961 as | ||
provided in clause B(i) of this subsection (h); | ||
(iii) violations of Section 12-15, 12-30, or 26-5 | ||
of the Criminal Code of 1961 or a similar provision of | ||
a local ordinance; | ||
(iv) violations that are a crime of violence as | ||
defined in Section 2 of the Crime Victims Compensation | ||
Act or a similar provision of a local ordinance; | ||
(v) Class A misdemeanor violations of the Humane | ||
Care for Animals Act; and | ||
(vi) any offense or attempted offense that would | ||
subject a person to registration under the Sex Offender | ||
Registration Act. | ||
(B) Misdemeanor and Class 4 felony violations of: | ||
(i) Section 11-14 of the Criminal Code of 1961; | ||
(ii) Section 4 of the Cannabis Control Act; | ||
(iii) Section 402 of the Illinois Controlled | ||
Substances Act; and | ||
(iv) Section 60 of the Methamphetamine Control and | ||
Community Protection Act.
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However, for purposes of this subsection (h), a | ||
sentence of first offender probation under Section 10 of | ||
the Cannabis Control Act, Section 410 of the Illinois | ||
Controlled Substances Act, or Section 70 of the | ||
Methamphetamine Control and Community Protection Act shall | ||
be treated as a Class 4 felony conviction. | ||
(3) Requirements for sealing. Records identified as | ||
sealable under clause (h) (2) may be sealed when the individual | ||
was: | ||
(A) Acquitted of the offense or offenses or released | ||
without being convicted. | ||
(B) Convicted of the offense or offenses and the | ||
conviction or convictions were reversed. | ||
(C) Placed on misdemeanor supervision for an offense or | ||
offenses; and | ||
(i) at least 3 years have elapsed since the | ||
completion of the term of supervision, or terms of | ||
supervision, if more than one term has been ordered; | ||
and | ||
(ii) the individual has not been convicted of a | ||
felony or misdemeanor or placed on supervision for a | ||
misdemeanor or felony during the period specified in | ||
clause (i). | ||
(D) Convicted of an offense or offenses; and | ||
(i) at least 4 years have elapsed since the last | ||
such conviction or term of any sentence, probation, | ||
parole, or supervision, if any, whichever is last in | ||
time; and | ||
(ii) the individual has not been convicted of a | ||
felony or misdemeanor or placed on supervision for a | ||
misdemeanor or felony during the period specified in | ||
clause (i). | ||
(4) Requirements for sealing of records when more than one | ||
charge and disposition have been filed. When multiple offenses | ||
are petitioned to be sealed under this subsection (h), the | ||
requirements of the relevant provisions of clauses (h)(3)(A) | ||
through (D) each apply. In instances in which more than one | ||
waiting period is applicable under clauses (h)(C)(i) and (ii) | ||
and (h)(D)(i) and (ii), the longer applicable period applies, | ||
and the requirements of clause (h) (3) shall be considered met | ||
when the petition is filed after the passage of the longer | ||
applicable waiting period. That period commences on the date of | ||
the completion of the last sentence or the end of supervision, | ||
probation, or parole, whichever is last in time. | ||
(5) Subsequent convictions. A person may not have | ||
subsequent felony conviction records sealed as provided in this | ||
subsection (h) if he or she is convicted of any felony offense | ||
after the date of the sealing of prior felony records as | ||
provided in this subsection (h). | ||
(6) Notice of eligibility for sealing. Upon acquittal, | ||
release without conviction, or being placed on supervision for | ||
a sealable offense, or upon conviction of a sealable offense, | ||
the person shall be informed by the court of the right to have | ||
the records sealed and the procedures for the sealing of the | ||
records. | ||
(7) Procedure. Upon becoming eligible for the sealing of | ||
records under this subsection (h), the person who seeks the | ||
sealing of his or her records shall file a petition requesting | ||
the sealing of records with the clerk of the court where the | ||
charge or charges were brought. The records may be sealed by | ||
the Chief Judge of the circuit wherein the charge was brought, | ||
any judge of that circuit designated by the Chief Judge, or in | ||
counties of less than 3,000,000 inhabitants, the presiding | ||
trial judge at the defendant's trial, if any. If charges were | ||
brought in multiple jurisdictions, a petition must be filed in | ||
each such jurisdiction. The petitioner shall pay the applicable | ||
fee, if not waived. | ||
(A) Contents of petition. The petition shall contain | ||
the petitioner's name, date of birth, current address, each | ||
charge, each case number, the date of each charge, the | ||
identity of the arresting authority, and such other | ||
information as the court may require. During the pendency | ||
of the proceeding, the petitioner shall promptly notify the | ||
clerk of the court of any change of address. | ||
(B) Drug test. A person filing a petition to have his | ||
or her records sealed for a Class 4 felony violation of | ||
Section 4 of the Cannabis Control Act or for a Class 4 | ||
felony violation of Section 402 of the Illinois Controlled | ||
Substances Act must attach to the petition proof that the | ||
petitioner has passed a test taken within the previous 30 | ||
days before the filing of the petition showing the absence | ||
within his or her body of all illegal substances in | ||
violation of either the Illinois Controlled Substances Act | ||
or the Cannabis Control Act. | ||
(C) Service of petition. The clerk shall promptly serve | ||
a copy of the petition on the State's Attorney or | ||
prosecutor charged with the duty of prosecuting the | ||
offense, the Department of State Police, the arresting | ||
agency and the chief legal officer of the unit of local | ||
government effecting the arrest. | ||
(D) Entry of order. Unless the State's Attorney or | ||
prosecutor, the Department of State Police, the arresting | ||
agency or such chief legal officer objects to sealing of | ||
the records within 90 days of notice the court shall enter | ||
an order sealing the defendant's records. | ||
(E) Hearing upon objection. If an objection is filed, | ||
the court shall set a date for a hearing and notify the | ||
petitioner and the parties on whom the petition had been | ||
served, and shall hear evidence on whether the sealing of | ||
the records should or should not be granted, and shall make | ||
a determination on whether to issue an order to seal the | ||
records based on the evidence presented at the hearing. | ||
(F) Service of order. After entering the order to seal | ||
records, the court must provide copies of the order to the | ||
Department, in a form and manner prescribed by the | ||
Department, to the petitioner, to the State's Attorney or | ||
prosecutor charged with the duty of prosecuting the | ||
offense, to the arresting agency, to the chief legal | ||
officer of the unit of local government effecting the | ||
arrest, and to such other criminal justice agencies as may | ||
be ordered by the court. | ||
(8) Fees. Notwithstanding any provision of the Clerk of the | ||
Courts Act to the contrary, and subject to the approval of the | ||
county board, the clerk may charge a fee equivalent to the cost | ||
associated with the sealing of records by the clerk and the | ||
Department of State Police. The clerk shall forward the | ||
Department of State Police portion of the fee to the Department | ||
and it shall be deposited into the State Police Services Fund. | ||
(i) Subject to available funding, the Illinois Department | ||
of Corrections shall conduct a study of the impact of sealing, | ||
especially on employment and recidivism rates, utilizing a | ||
random sample of those who apply for the sealing of their | ||
criminal records under Public Act 93-211, in accordance to | ||
rules adopted by the Department. At the request of the Illinois | ||
Department of Corrections, records of the Illinois Department | ||
of Employment Security shall be utilized as appropriate to | ||
assist in the study. The study shall not disclose any data in a | ||
manner that would allow the identification of any particular | ||
individual or employing unit. The study shall be made available | ||
to the General Assembly no later than September 1, 2006.
| ||
(j) Notwithstanding any provision of the Clerks of Courts | ||
Act to the contrary, the clerk may charge a fee equivalent to | ||
the cost associated with the sealing or expungement of records | ||
by the clerk. From the total filing fee collected for the | ||
Petition to seal or expunge, the clerk shall deposit $10 into | ||
the Circuit Court Clerk Operation and Administrative Fund, to | ||
be used to offset the costs incurred by the Circuit Court Clerk | ||
in performing the additional duties required to serve the | ||
Petition to Seal or Expunge on all parties. The clerk shall | ||
also charge a filing fee equivalent to the cost of sealing or | ||
expunging the record by the Department of State Police. The | ||
clerk shall collect and forward the Department of State Police | ||
portion of the fee to the Department and it shall be deposited | ||
in the State Police Services Fund. | ||
(Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09; | ||
revised 10-28-08.)
| ||
Section 7. The Counties Code is amended by changing | ||
Sections 4-2002 and 4-2002.1 as follows:
| ||
(55 ILCS 5/4-2002) (from Ch. 34, par. 4-2002)
| ||
Sec. 4-2002. State's attorney fees in counties under | ||
3,000,000
population. This Section applies only to counties | ||
with fewer than
3,000,000 inhabitants.
| ||
(a) State's attorneys shall be entitled to the following | ||
fees, however, the
fee requirement of this subsection does not | ||
apply to county boards:
| ||
For each conviction in prosecutions on indictments for | ||
first degree murder,
second degree murder, involuntary | ||
manslaughter, criminal sexual assault,
aggravated criminal | ||
sexual assault, aggravated criminal sexual abuse,
kidnapping, | ||
arson and forgery, $30. All other cases punishable by | ||
imprisonment
in the penitentiary, $30.
| ||
For each conviction in other cases tried before judges of | ||
the circuit
court, $15; except that if the conviction is in a | ||
case which may be
assigned to an associate judge, whether or | ||
not it is in fact assigned to
an associate judge, the fee shall | ||
be $10.
| ||
For preliminary examinations for each defendant held to | ||
bail or
recognizance, $10.
| ||
For each examination of a party bound over to keep the | ||
peace, $10.
| ||
For each defendant held to answer in a circuit court on a | ||
charge of
paternity, $10.
| ||
For each trial on a charge of paternity, $30.
| ||
For each case of appeal taken from his county or from the | ||
county to
which a change of venue is taken to his county to the | ||
Supreme or
Appellate Court when prosecuted or defended by him, | ||
$50.
| ||
For each day actually employed in the trial of a case, $25; | ||
in which
case the court before whom the case is tried shall | ||
make an order
specifying the number of days for which a per | ||
diem shall be allowed.
| ||
For each day actually employed in the trial of cases of | ||
felony
arising in their respective counties and taken by change | ||
of venue to
another county, $25; and the court before whom the | ||
case is tried shall
make an order specifying the number of days | ||
for which said per diem
shall be allowed; and it is hereby made | ||
the duty of each State's
attorney to prepare and try each case | ||
of felony arising when so taken by
change of venue.
| ||
For assisting in a trial of each case on an indictment for | ||
felony
brought by change of venue to their respective counties, | ||
the same fees
they would be entitled to if such indictment had | ||
been found for an
offense committed in his county, and it shall | ||
be the duty of the
State's attorney of the county to which such | ||
cause is taken by
change of venue to assist in the trial | ||
thereof.
| ||
For each case of forfeited recognizance where the | ||
forfeiture is set
aside at the instance of the defense, in | ||
addition to the ordinary costs,
$10 for each defendant.
| ||
For each proceeding in a circuit court to inquire into the | ||
alleged
mental illness of any person, $10 for each defendant.
| ||
For each proceeding in a circuit court to inquire into the | ||
alleged
dependency or delinquency of any child, $10.
| ||
For each day actually employed in the hearing of a case of | ||
habeas
corpus in which the people are interested, $25.
| ||
For each violation of the Criminal Code of 1961 and the | ||
Illinois Vehicle Code in which a defendant has entered a plea | ||
of guilty or a defendant has stipulated to the facts supporting | ||
the charge or a finding of guilt and the court has entered an | ||
order of supervision, $10.
| ||
All the foregoing fees shall be taxed as costs to be | ||
collected from
the defendant, if possible, upon conviction. But | ||
in cases of inquiry
into the mental illness of any person | ||
alleged to be mentally ill, in
cases on a charge of paternity | ||
and in cases of appeal in the Supreme or
Appellate Court, where | ||
judgment is in favor of the accused, the fees
allowed the | ||
State's attorney therein shall be retained out of the fines
and | ||
forfeitures collected by them in other cases.
| ||
Ten per cent of all moneys except revenue, collected by | ||
them and paid
over to the authorities entitled thereto, which | ||
per cent together with
the fees provided for herein that are | ||
not collected from the parties
tried or examined, shall be paid | ||
out of any fines and forfeited
recognizances collected by them, | ||
provided however, that in proceedings
to foreclose the lien of | ||
delinquent real estate taxes State's attorneys
shall receive a | ||
fee, to be credited to the earnings of their office, of 10%
of | ||
the total amount realized from the sale of real estate sold in | ||
such
proceedings. Such fees shall be paid from the total amount | ||
realized from
the sale of the real estate sold in such | ||
proceedings.
| ||
State's attorneys shall have a lien for their fees on all | ||
judgments
for fines or forfeitures procured by them and on | ||
moneys except revenue
received by them until such fees and | ||
earnings are fully paid.
| ||
No fees shall be charged on more than 10 counts in any one | ||
indictment
or information on trial and conviction; nor on more | ||
than 10 counts
against any one defendant on pleas of guilty.
| ||
The Circuit Court may direct that of all monies received, | ||
by
restitution or otherwise, which monies are ordered paid to | ||
the
Department of Healthcare and Family Services (formerly | ||
Department of Public Aid) or the Department of Human Services | ||
(acting as
successor to the Department of Public Aid under the | ||
Department of Human
Services Act) as a direct result of the | ||
efforts
of the
State's attorney and which payments arise from | ||
Civil or Criminal
prosecutions involving the Illinois Public | ||
Aid Code or the Criminal Code,
the
following amounts shall be | ||
paid quarterly by the Department of Healthcare and Family | ||
Services or the Department of Human Services to the General | ||
Corporate Fund of
the County in which the prosecution
or cause | ||
of action took place:
| ||
(1) where the monies result from child support | ||
obligations, not
more than 25% of the federal share of the | ||
monies received,
| ||
(2) where the monies result from other than child | ||
support
obligations, not more than 25% of the State's share | ||
of the monies received.
| ||
In addition to any other amounts to which State's Attorneys | ||
are entitled under this Section, State's Attorneys are entitled | ||
to $10 of the fine that is imposed under Section 5-9-1.17 of | ||
the Unified Code of Corrections, as set forth in that Section. | ||
(b) A municipality shall be entitled to a $10 prosecution | ||
fee for each
conviction for a violation of the Illinois Vehicle | ||
Code prosecuted by the
municipal attorney pursuant to Section | ||
16-102 of that Code which is tried
before a circuit or | ||
associate judge and shall be entitled to a $10
prosecution fee | ||
for each conviction for a violation of a municipal vehicle
| ||
ordinance or nontraffic ordinance prosecuted by the municipal | ||
attorney
which is tried before a circuit or associate judge. | ||
Such fee shall be taxed as
costs to be collected from the | ||
defendant, if possible, upon conviction. A
municipality shall | ||
have a lien for such prosecution fees on all judgments or
fines | ||
procured by the municipal attorney from prosecutions for | ||
violations of
the Illinois Vehicle Code and municipal vehicle | ||
ordinances or nontraffic
ordinances.
| ||
For the purposes of this subsection (b), "municipal vehicle | ||
ordinance"
means any ordinance enacted pursuant to Sections | ||
11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | ||
Municipal Code or any ordinance enacted by a
municipality which | ||
is similar to a provision of Chapter 11 of the Illinois
Vehicle | ||
Code.
| ||
(Source: P.A. 95-331, eff. 8-21-07; 95-385, eff. 1-1-08.)
| ||
(55 ILCS 5/4-2002.1) (from Ch. 34, par. 4-2002.1)
| ||
Sec. 4-2002.1. State's attorney fees in counties of | ||
3,000,000 or more
population. This Section applies only to | ||
counties with 3,000,000 or more
inhabitants.
| ||
(a) State's attorneys shall be entitled to the following | ||
fees:
| ||
For each conviction in prosecutions on indictments for | ||
first degree
murder, second degree murder, involuntary | ||
manslaughter, criminal sexual
assault, aggravated criminal | ||
sexual assault, aggravated criminal sexual
abuse, kidnapping, | ||
arson and forgery, $60. All other cases punishable by
| ||
imprisonment in the penitentiary, $60.
| ||
For each conviction in other cases tried before judges of | ||
the circuit
court, $30; except that if the conviction is in a | ||
case which may be
assigned to an associate judge, whether or | ||
not it is in fact assigned to
an associate judge, the fee shall | ||
be $20.
| ||
For preliminary examinations for each defendant held to | ||
bail or
recognizance, $20.
| ||
For each examination of a party bound over to keep the | ||
peace, $20.
| ||
For each defendant held to answer in a circuit court on a | ||
charge of
paternity, $20.
| ||
For each trial on a charge of paternity, $60.
| ||
For each case of appeal taken from his county or from the | ||
county to
which a change of venue is taken to his county to the | ||
Supreme or
Appellate Court when prosecuted or defended by him, | ||
$100.
| ||
For each day actually employed in the trial of a case, $50; | ||
in which
case the court before whom the case is tried shall | ||
make an order
specifying the number of days for which a per | ||
diem shall be allowed.
| ||
For each day actually employed in the trial of cases of | ||
felony
arising in their respective counties and taken by change | ||
of venue to
another county, $50; and the court before whom the | ||
case is tried shall
make an order specifying the number of days | ||
for which said per diem
shall be allowed; and it is hereby made | ||
the duty of each State's
attorney to prepare and try each case | ||
of felony arising when so taken by
change of venue.
| ||
For assisting in a trial of each case on an indictment for | ||
felony
brought by change of venue to their respective counties, | ||
the same fees
they would be entitled to if such indictment had | ||
been found for an
offense committed in his county, and it shall | ||
be the duty of the
State's attorney of the county to which such | ||
cause is taken by
change of venue to assist in the trial | ||
thereof.
| ||
For each case of forfeited recognizance where the | ||
forfeiture is set
aside at the instance of the defense, in | ||
addition to the ordinary costs,
$20 for each defendant.
| ||
For each proceeding in a circuit court to inquire into the | ||
alleged
mental illness of any person, $20 for each defendant.
| ||
For each proceeding in a circuit court to inquire into the | ||
alleged
dependency or delinquency of any child, $20.
| ||
For each day actually employed in the hearing of a case of | ||
habeas
corpus in which the people are interested, $50.
| ||
All the foregoing fees shall be taxed as costs to be | ||
collected from
the defendant, if possible, upon conviction. But | ||
in cases of inquiry
into the mental illness of any person | ||
alleged to be mentally ill, in
cases on a charge of paternity | ||
and in cases of appeal in the Supreme or
Appellate Court, where | ||
judgment is in favor of the accused, the fees
allowed the | ||
State's attorney therein shall be retained out of the fines
and | ||
forfeitures collected by them in other cases.
| ||
Ten per cent of all moneys except revenue, collected by | ||
them and paid
over to the authorities entitled thereto, which | ||
per cent together with
the fees provided for herein that are | ||
not collected from the parties
tried or examined, shall be paid | ||
out of any fines and forfeited
recognizances collected by them, | ||
provided however, that in proceedings
to foreclose the lien of | ||
delinquent real estate taxes State's attorneys
shall receive a | ||
fee, to be credited to the earnings of their office, of 10%
of | ||
the total amount realized from the sale of real estate sold in | ||
such
proceedings. Such fees shall be paid from the total amount | ||
realized from
the sale of the real estate sold in such | ||
proceedings.
| ||
State's attorneys shall have a lien for their fees on all | ||
judgments
for fines or forfeitures procured by them and on | ||
moneys except revenue
received by them until such fees and | ||
earnings are fully paid.
| ||
No fees shall be charged on more than 10 counts in any one | ||
indictment
or information on trial and conviction; nor on more | ||
than 10 counts
against any one defendant on pleas of guilty.
| ||
The Circuit Court may direct that of all monies received, | ||
by
restitution or otherwise, which monies are ordered paid to | ||
the
Department of Healthcare and Family Services (formerly | ||
Department of Public Aid) or the Department of Human Services | ||
(acting as
successor to the Department of Public Aid under the | ||
Department of Human
Services Act) as a direct result of the | ||
efforts
of the
State's attorney and which payments arise from | ||
Civil or Criminal
prosecutions involving the Illinois Public | ||
Aid Code or the Criminal Code,
the
following amounts shall be | ||
paid quarterly by the Department of Healthcare and Family | ||
Services or the Department of Human Services to the General | ||
Corporate Fund of
the County in which the prosecution
or cause | ||
of action took place:
| ||
(1) where the monies result from child support | ||
obligations, not
less than 25% of the federal share of the | ||
monies received,
| ||
(2) where the monies result from other than child | ||
support
obligations, not less than 25% of the State's share | ||
of the monies received.
| ||
In addition to any other amounts to which State's Attorneys | ||
are entitled under this Section, State's Attorneys are entitled | ||
to $10 of the fine that is imposed under Section 5-9-1.17 of | ||
the Unified Code of Corrections, as set forth in that Section. | ||
(b) A municipality shall be entitled to a $10 prosecution | ||
fee for each
conviction for a violation of the Illinois Vehicle | ||
Code prosecuted by the
municipal attorney pursuant to Section | ||
16-102 of that Code which is tried
before a circuit or | ||
associate judge and shall be entitled to a $10
prosecution fee | ||
for each conviction for a violation of a municipal vehicle
| ||
ordinance prosecuted by the municipal attorney which is tried | ||
before a
circuit or associate judge. Such fee shall be taxed as | ||
costs to be
collected from the defendant, if possible, upon | ||
conviction. A municipality
shall have a lien for such | ||
prosecution fees on all judgments or fines
procured by the | ||
municipal attorney from prosecutions for violations of the
| ||
Illinois Vehicle Code and municipal vehicle ordinances.
| ||
For the purposes of this subsection (b), "municipal vehicle | ||
ordinance"
means any ordinance enacted pursuant to Sections | ||
11-40-1, 11-40-2, 11-40-2a and
11-40-3 of the Illinois | ||
Municipal Code or any ordinance enacted by a
municipality which | ||
is similar to a provision of Chapter 11 of the Illinois
Vehicle | ||
Code.
| ||
(Source: P.A. 95-331, eff. 8-21-07.)
| ||
Section 10. The Juvenile Court Act of 1987 is amended by | ||
changing Section 5-915 and by adding Section 5-622 as follows: | ||
(705 ILCS 405/5-622 new) | ||
Sec. 5-622. Expungement review. Any minor charged with a | ||
misdemeanor offense as a first offense, regardless of the | ||
disposition of the charge, is eligible for expungement review | ||
by the court upon his or her 18th birthday or upon completion | ||
of the minor's sentence or disposition of the charge against | ||
the minor, whichever is later. Upon motion by counsel filed | ||
within 30 days after entry of the judgment of the court, the | ||
court shall set a time for an expungement review hearing within | ||
a month of the minor's 18th birthday or within a month of | ||
completion of the minor's sentence or disposition of the charge | ||
against the minor, whichever is later. No hearing shall be held | ||
if the minor fails to appear, and no penalty shall attach to | ||
the minor. If the minor appears in person or by counsel the | ||
court shall hold a hearing to determine whether to expunge the | ||
law enforcement and court records of the minor. Objections to | ||
expungement shall be limited to the following: | ||
(a) that the offense for which the minor was arrested | ||
is still under active investigation; | ||
(b) that the minor is a potential witness in an | ||
upcoming court proceeding and that such arrest record is | ||
relevant to that proceeding; | ||
(c) that the arrest at issue was for one of the | ||
following offenses: | ||
(i) any homicide; | ||
(ii) an offense involving a deadly weapon; | ||
(iii) a sex offense as defined in the Sex Offender | ||
Registration Act; | ||
(iv) aggravated domestic battery. | ||
In the absence of an objection, or if the objecting party | ||
fails to prove one of the above-listed objections, the court | ||
shall enter an order granting expungement. The clerk shall | ||
forward a certified copy of the order to the Department of | ||
State Police and the arresting agency. The Department and the | ||
arresting agency shall comply with such order to expunge within | ||
60 days of receipt. An objection or a denial of an expungement | ||
order under this subsection does not operate to bar the filing | ||
of a Petition to Expunge by the minor under subsection (2) of | ||
Section 5-915 where applicable.
| ||
(705 ILCS 405/5-915)
| ||
Sec. 5-915. Expungement of juvenile law enforcement and | ||
court records.
| ||
(0.05) For purposes of this Section and Section 5-622: | ||
"Expunge" means to physically destroy the records and | ||
to obliterate the minor's name from any official index or | ||
public record, or both. Nothing in this Act shall require | ||
the physical destruction of the internal office records, | ||
files, or databases maintained by a State's Attorney's | ||
Office or other prosecutor. | ||
"Law enforcement record" includes but is not limited to | ||
records of arrest, station adjustments, fingerprints, | ||
probation adjustments, the issuance of a notice to appear, | ||
or any other records maintained by a law enforcement agency | ||
relating to a minor suspected of committing an offense. | ||
(1) Whenever any person has attained the age of 17 or | ||
whenever all juvenile
court proceedings relating to that person | ||
have been terminated, whichever is
later, the person may | ||
petition the court to expunge law enforcement records
relating | ||
to incidents occurring before his or her 17th birthday or his | ||
or her
juvenile court
records, or both, but only in the | ||
following circumstances:
| ||
(a) the minor was arrested and no petition for | ||
delinquency was filed with
the clerk of the circuit court; | ||
or
| ||
(b) the minor was charged with an offense and was found | ||
not delinquent of
that offense; or
| ||
(c) the minor was placed under supervision pursuant to | ||
Section 5-615, and
the order of
supervision has since been | ||
successfully terminated; or
| ||
(d)
the minor was adjudicated for an offense which | ||
would be a Class B
misdemeanor, Class C misdemeanor, or a | ||
petty or business offense if committed by an adult.
| ||
(2) Any person may petition the court to expunge all law | ||
enforcement records
relating to any
incidents occurring before | ||
his or her 17th birthday which did not result in
proceedings in | ||
criminal court and all juvenile court records with respect to
| ||
any adjudications except those based upon first degree
murder | ||
and
sex offenses which would be felonies if committed by an | ||
adult, if the person
for whom expungement is sought has had no
| ||
convictions for any crime since his or her 17th birthday and:
| ||
(a) has attained the age of 21 years; or
| ||
(b) 5 years have elapsed since all juvenile court | ||
proceedings relating to
him or her have been terminated or | ||
his or her commitment to the Department of
Juvenile Justice
| ||
pursuant to this Act has been terminated;
| ||
whichever is later of (a) or (b). Nothing in this Section 5-915 | ||
precludes a minor from obtaining expungement under Section | ||
5-622. | ||
(2.5) If a minor is arrested and no petition for | ||
delinquency is filed with the clerk of the circuit court as | ||
provided in paragraph (a) of subsection (1) at the time the | ||
minor is released from custody, the youth officer, if | ||
applicable, or other designated person from the arresting | ||
agency, shall notify verbally and in writing to the minor or | ||
the minor's parents or guardians that if the State's Attorney | ||
does not file a petition for delinquency, the minor has a right | ||
to petition to have his or her arrest record expunged when the | ||
minor attains the age of 17 or when all juvenile court | ||
proceedings relating to that minor have been terminated and | ||
that unless a petition to expunge is filed, the minor shall | ||
have an arrest record and shall provide the minor and the | ||
minor's parents or guardians with an expungement information | ||
packet, including a petition to expunge juvenile records | ||
obtained from the clerk of the circuit court. | ||
(2.6) If a minor is charged with an offense and is found | ||
not delinquent of that offense; or if a minor is placed under | ||
supervision under Section 5-615, and the order of supervision | ||
is successfully terminated; or if a minor is adjudicated for an | ||
offense that would be a Class B misdemeanor, a Class C | ||
misdemeanor, or a business or petty offense if committed by an | ||
adult; or if a minor has incidents occurring before his or her | ||
17th birthday that have not resulted in proceedings in criminal | ||
court, or resulted in proceedings in juvenile court, and the | ||
adjudications were not based upon first degree murder or sex | ||
offenses that would be felonies if committed by an adult; then | ||
at the time of sentencing or dismissal of the case, the judge | ||
shall inform the delinquent minor of his or her right to | ||
petition for expungement as provided by law, and the clerk of | ||
the circuit court shall provide an expungement information | ||
packet to the delinquent minor, written in plain language, | ||
including a petition for expungement, a sample of a completed | ||
petition, expungement instructions that shall include | ||
information informing the minor that (i) once the case is | ||
expunged, it shall be treated as if it never occurred, (ii) he | ||
or she may apply to have petition fees waived, (iii) once he or | ||
she obtains an expungement, he or she may not be required to | ||
disclose that he or she had a juvenile record, and (iv) he or | ||
she may file the petition on his or her own or with the | ||
assistance of an attorney. The failure of the judge to inform | ||
the delinquent minor of his or her right to petition for | ||
expungement as provided by law does not create a substantive | ||
right, nor is that failure grounds for: (i) a reversal of an | ||
adjudication of delinquency, (ii) a new trial; or (iii) an | ||
appeal. | ||
(2.7) For counties with a population over 3,000,000, the | ||
clerk of the circuit court shall send a "Notification of a | ||
Possible Right to Expungement" post card to the minor at the | ||
address last received by the clerk of the circuit court on the | ||
date that the minor attains the age of 17 based on the | ||
birthdate provided to the court by the minor or his or her | ||
guardian in cases under paragraphs (b), (c), and (d) of | ||
subsection (1); and when the minor attains the age of 21 based | ||
on the birthdate provided to the court by the minor or his or | ||
her guardian in cases under subsection (2). | ||
(2.8) The petition for expungement for subsection (1) shall | ||
be substantially in the following form: | ||
IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||
........ JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
PETITION TO EXPUNGE JUVENILE RECORDS | ||
(705 ILCS 405/5-915 (SUBSECTION 1)) | ||
(Please prepare a separate petition for each offense) | ||
Now comes ............., petitioner, and respectfully requests
| ||
that this Honorable Court enter an order expunging all juvenile | ||
law enforcement and court records of petitioner and in support | ||
thereof states that:
Petitioner has attained the age of 17, | ||
his/her birth date being ......, or all
Juvenile Court | ||
proceedings terminated as of ......, whichever occurred later.
| ||
Petitioner was arrested on ..... by the ....... Police | ||
Department for the offense of ......., and:
| ||
(Check One:)
| ||
( ) a. no petition was filed with the Clerk of the Circuit | ||
Court. | ||
( ) b. was charged with ...... and was found not delinquent
of | ||
the offense. | ||
( ) c. a petition was filed and the petition was dismissed | ||
without a finding of delinquency on ..... | ||
( ) d. on ....... placed under supervision pursuant to Section | ||
5-615 of the Juvenile Court Act of 1987 and such order of | ||
supervision successfully terminated on ........ | ||
( ) e. was adjudicated for the offense, which would have been a | ||
Class B misdemeanor, a Class C misdemeanor, or a petty offense | ||
or business offense if committed by an adult.
| ||
Petitioner .... has .... has not been arrested on charges in | ||
this or any county other than the charges listed above. If | ||
petitioner has been arrested on additional charges, please list | ||
the charges below:
| ||
Charge(s): ...... | ||
Arresting Agency or Agencies: ........... | ||
Disposition/Result: (choose from a. through e., above): .....
| ||
WHEREFORE, the petitioner respectfully requests this Honorable | ||
Court to (1) order all law enforcement agencies to expunge all | ||
records of petitioner to this incident, and (2) to order the | ||
Clerk of the Court to expunge all records concerning the | ||
petitioner regarding this incident. | ||
......................
| ||
Petitioner (Signature)
| ||
..........................
| ||
Petitioner's Street Address | ||
.....................
| ||
City, State, Zip Code | ||
............................. | ||
Petitioner's Telephone Number | ||
Pursuant to the penalties of perjury under the Code of Civil | ||
Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||
statements in this petition are true and correct, or on | ||
information and belief I believe the same to be true. | ||
...................... | ||
Petitioner (Signature)
| ||
The Petition for Expungement for subsection (2) shall be | ||
substantially in the following form: | ||
IN THE CIRCUIT COURT OF ........, ILLINOIS | ||
........ JUDICIAL CIRCUIT | ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
PETITION TO EXPUNGE JUVENILE RECORDS
| ||
(705 ILCS 405/5-915 (SUBSECTION 2))
| ||
(Please prepare a separate petition for each offense)
| ||
Now comes ............, petitioner, and respectfully requests | ||
that this Honorable Court enter an order expunging all Juvenile | ||
Law Enforcement and Court records of petitioner and in support | ||
thereof states that: | ||
The incident for which the Petitioner seeks expungement | ||
occurred before the Petitioner's 17th birthday and did not | ||
result in proceedings in criminal court and the Petitioner has | ||
not had any convictions for any crime since his/her 17th | ||
birthday; and
| ||
The incident for which the Petitioner seeks expungement | ||
occurred before the Petitioner's 17th birthday and the | ||
adjudication was not based upon first-degree murder or sex | ||
offenses which would be felonies if committed by an adult, and | ||
the Petitioner has not had any convictions for any crime since | ||
his/her 17th birthday. | ||
Petitioner was arrested on ...... by the ....... Police | ||
Department for the offense of ........, and: | ||
(Check whichever one occurred the latest:) | ||
( ) a. The Petitioner has attained the age of 21 years, his/her | ||
birthday being .......; or | ||
( ) b. 5 years have elapsed since all juvenile court | ||
proceedings relating to the Petitioner have been terminated; or | ||
the Petitioner's commitment to the Department of Juvenile | ||
Justice
pursuant to the expungement of juvenile law enforcement | ||
and court records provisions of the Juvenile Court Act of 1987 | ||
has been terminated.
Petitioner ...has ...has not been arrested | ||
on charges in this or any other county other than the charge | ||
listed above. If petitioner has been arrested on additional | ||
charges, please list the charges below: | ||
Charge(s): .......... | ||
Arresting Agency or Agencies: ....... | ||
Disposition/Result: (choose from a or b, above): .......... | ||
WHEREFORE, the petitioner respectfully requests this Honorable | ||
Court to (1) order all law enforcement agencies to expunge all | ||
records of petitioner related to this incident, and (2) to | ||
order the Clerk of the Court to expunge all records concerning | ||
the petitioner regarding this incident. | ||
.......................
| ||
Petitioner (Signature) | ||
...................... | ||
Petitioner's Street Address
| ||
..................... | ||
City, State, Zip Code | ||
............................. | ||
Petitioner's Telephone Number
| ||
Pursuant to the penalties of perjury under the Code of Civil | ||
Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||
statements in this petition are true and correct, or on | ||
information and belief I believe the same to be true. | ||
...................... | ||
Petitioner (Signature)
| ||
(3) The chief judge of the circuit in which an arrest was | ||
made or a charge
was brought or any
judge of that circuit | ||
designated by the chief judge
may, upon verified petition
of a | ||
person who is the subject of an arrest or a juvenile court | ||
proceeding
under subsection (1) or (2) of this Section, order | ||
the law enforcement
records or official court file, or both, to | ||
be expunged from the official
records of the arresting | ||
authority, the clerk of the circuit court and the
Department of | ||
State Police. The person whose records are to be expunged shall | ||
petition the court using the appropriate form containing his or | ||
her current address and shall promptly notify the clerk of the | ||
circuit court of any change of address. Notice
of the petition | ||
shall be served upon the State's Attorney or prosecutor charged | ||
with the duty of prosecuting the offense, the Department of | ||
State Police, and the arresting agency or agencies by the clerk | ||
of the circuit court. If an objection is filed within 45
days | ||
of the notice of the petition, the clerk of the circuit court | ||
shall set a date for hearing after the 45
day objection period. | ||
At the hearing the court shall hear evidence on whether the | ||
expungement should or should not be granted. Unless the State's | ||
Attorney or prosecutor, the Department of State Police, or an | ||
arresting agency objects to the expungement within 45
days of | ||
the notice, the court may enter an order granting expungement. | ||
The person whose records are to be expunged shall pay the clerk | ||
of the circuit court a fee equivalent to the cost associated | ||
with expungement of records by the clerk and the Department of | ||
State Police. The clerk shall forward a certified copy of the | ||
order to the Department of State Police, the appropriate | ||
portion of the fee to the Department of State Police for | ||
processing, and deliver a certified copy of the order to the | ||
arresting agency.
| ||
(3.1) The Notice of Expungement shall be in substantially | ||
the following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||
.... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
NOTICE
| ||
TO: State's Attorney
| ||
TO: Arresting Agency
| ||
| ||
................
| ||
................
| ||
| ||
................
| ||
................
| ||
TO: Illinois State Police
| ||
| ||
.....................
| ||
| ||
.....................
| ||
ATTENTION: Expungement
| ||
You are hereby notified that on ....., at ....., in courtroom | ||
..., located at ..., before the Honorable ..., Judge, or any | ||
judge sitting in his/her stead, I shall then and there present | ||
a Petition to Expunge Juvenile records in the above-entitled | ||
matter, at which time and place you may appear. | ||
...................... | ||
Petitioner's Signature | ||
...........................
| ||
Petitioner's Street Address | ||
.....................
| ||
City, State, Zip Code | ||
............................. | ||
Petitioner's Telephone Number | ||
PROOF OF SERVICE
| ||
On the ....... day of ......, 20..., I on oath state that I | ||
served this notice and true and correct copies of the | ||
above-checked documents by: | ||
(Check One:) | ||
delivering copies personally to each entity to whom they are | ||
directed; | ||
or | ||
by mailing copies to each entity to whom they are directed by | ||
depositing the same in the U.S. Mail, proper postage fully | ||
prepaid, before the hour of 5:00 p.m., at the United States | ||
Postal Depository located at ................. | ||
.........................................
| ||
| ||
Signature | ||
Clerk of the Circuit Court or Deputy Clerk | ||
Printed Name of Delinquent Minor/Petitioner: .... | ||
Address: ........................................ | ||
Telephone Number: ............................... | ||
(3.2) The Order of Expungement shall be in substantially | ||
the following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||
.... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner)
| ||
DOB ................ | ||
Arresting Agency/Agencies ...... | ||
ORDER OF EXPUNGEMENT
| ||
(705 ILCS 405/5-915 (SUBSECTION 3))
| ||
This matter having been heard on the petitioner's motion and | ||
the court being fully advised in the premises does find that | ||
the petitioner is indigent or has presented reasonable cause to | ||
waive all costs in this matter, IT IS HEREBY ORDERED that: | ||
( ) 1. Clerk of Court and Department of State Police costs | ||
are hereby waived in this matter. | ||
( ) 2. The Illinois State Police Bureau of Identification | ||
and the following law enforcement agencies expunge all records | ||
of petitioner relating to an arrest dated ...... for the | ||
offense of ...... | ||
Law Enforcement Agencies:
| ||
.........................
| ||
.........................
| ||
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||
Court expunge all records regarding the above-captioned case. | ||
ENTER: ......................
| ||
| ||
JUDGE | ||
DATED: ....... | ||
Name:
| ||
Attorney for:
| ||
Address:
City/State/Zip:
| ||
Attorney Number: | ||
(3.3) The Notice of Objection shall be in substantially the | ||
following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||
....................... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
NOTICE OF OBJECTION
| ||
TO:(Attorney, Public Defender, Minor)
| ||
.................................
| ||
.................................
| ||
TO:(Illinois State Police)
| ||
.................................
| ||
................................. | ||
TO:(Clerk of the Court)
| ||
.................................
| ||
.................................
| ||
TO:(Judge)
| ||
.................................
| ||
.................................
| ||
TO:(Arresting Agency/Agencies)
| ||
.................................
| ||
................................. | ||
ATTENTION:
You are hereby notified that an objection has been | ||
filed by the following entity regarding the above-named minor's | ||
petition for expungement of juvenile records: | ||
( ) State's Attorney's Office;
| ||
( ) Prosecutor (other than State's Attorney's Office) charged | ||
with the duty of prosecuting the offense sought to be expunged;
| ||
( ) Department of Illinois State Police; or
| ||
( ) Arresting Agency or Agencies.
| ||
The agency checked above respectfully requests that this case | ||
be continued and set for hearing on whether the expungement | ||
should or should not be granted.
| ||
DATED: ....... | ||
Name: | ||
Attorney For:
| ||
Address: | ||
City/State/Zip:
| ||
Telephone:
| ||
Attorney No.:
| ||
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| ||
This matter has been set for hearing on the foregoing | ||
objection, on ...... in room ...., located at ....., before the | ||
Honorable ....., Judge, or any judge sitting in his/her stead.
| ||
(Only one hearing shall be set, regardless of the number of | ||
Notices of Objection received on the same case).
| ||
A copy of this completed Notice of Objection containing the | ||
court date, time, and location, has been sent via regular U.S. | ||
Mail to the following entities. (If more than one Notice of | ||
Objection is received on the same case, each one must be | ||
completed with the court date, time and location and mailed to | ||
the following entities):
| ||
( ) Attorney, Public Defender or Minor;
| ||
( ) State's Attorney's Office; | ||
( ) Prosecutor (other than State's Attorney's Office) charged | ||
with the duty of prosecuting the offense sought to be expunged; | ||
( ) Department of Illinois State Police; and | ||
( ) Arresting agency or agencies.
| ||
Date: ...... | ||
Initials of Clerk completing this section: .....
| ||
(4) Upon entry of an order expunging records or files, the | ||
offense, which
the records or files concern shall be treated as | ||
if it never occurred. Law
enforcement officers and other public | ||
offices and agencies shall properly reply
on inquiry that no | ||
record or file exists with respect to the
person.
| ||
(5) Records which have not been expunged are sealed, and | ||
may be obtained
only under the provisions of Sections 5-901, | ||
5-905 and 5-915.
| ||
(6) Nothing in this Section shall be construed to prohibit | ||
the maintenance
of information relating to an offense after | ||
records or files concerning the
offense have been expunged if | ||
the information is kept in a manner that does not
enable | ||
identification of the offender. This information may only be | ||
used for
statistical and bona fide research purposes. | ||
(7)(a) The State Appellate Defender shall establish, | ||
maintain, and carry out, by December 31, 2004, a juvenile | ||
expungement program
to provide information and assistance to | ||
minors eligible to have their juvenile records expunged.
| ||
(b) The State Appellate Defender shall develop brochures, | ||
pamphlets, and
other
materials in
printed form and through the | ||
agency's World Wide Web site. The pamphlets and
other materials | ||
shall
include at a minimum the following information:
| ||
(i) An explanation of the State's juvenile expungement | ||
process; | ||
(ii) The circumstances under which juvenile | ||
expungement may occur; | ||
(iii) The juvenile offenses that may be expunged; | ||
(iv) The steps necessary to initiate and complete the | ||
juvenile expungement process;
and | ||
(v) Directions on how to contact the State Appellate | ||
Defender. | ||
(c) The State Appellate Defender shall establish and | ||
maintain a statewide
toll-free telephone
number that a person | ||
may use to receive information or assistance concerning
the | ||
expungement of juvenile records. The State Appellate
Defender | ||
shall advertise
the toll-free telephone number statewide. The | ||
State Appellate Defender shall
develop an expungement
| ||
information packet that may be sent to eligible persons seeking | ||
expungement of
their juvenile records,
which may include, but | ||
is not limited to, a pre-printed expungement petition
with | ||
instructions on how
to complete the petition and a pamphlet | ||
containing information that would
assist individuals through
| ||
the juvenile expungement process. | ||
(d) The State Appellate Defender shall compile a statewide | ||
list of volunteer
attorneys willing
to assist eligible | ||
individuals through the juvenile expungement process. | ||
(e) This Section shall be implemented from funds | ||
appropriated by the General
Assembly to the State
Appellate | ||
Defender
for this purpose. The State Appellate Defender shall | ||
employ the necessary staff
and adopt the
necessary rules for | ||
implementation of this Section. | ||
(8)(a) Except with respect to law enforcement agencies, the | ||
Department of Corrections, State's Attorneys, or other | ||
prosecutors, an expunged juvenile record may not be considered | ||
by any private or public entity in employment matters, | ||
certification, licensing, revocation of certification or | ||
licensure, or registration. Applications for employment must | ||
contain specific language that states that the applicant is not | ||
obligated to disclose expunged juvenile records of conviction | ||
or arrest. Employers may not ask if an applicant has had a | ||
juvenile record expunged. Effective January 1, 2005, the | ||
Department of Labor shall develop a link on the Department's | ||
website to inform employers that employers may not ask if an | ||
applicant had a juvenile record expunged and that application | ||
for employment must contain specific language that states that | ||
the applicant is not obligated to disclose expunged juvenile | ||
records of arrest or conviction. | ||
(b) A person whose juvenile records have been expunged is | ||
not entitled to remission of any fines, costs, or other money | ||
paid as a consequence of expungement. This amendatory Act of | ||
the 93rd General Assembly does not affect the right of the | ||
victim of a crime to prosecute or defend a civil action for | ||
damages.
| ||
(c) The expungement of juvenile records under Section 5-622 | ||
shall be funded by the additional fine imposed under Section | ||
5-9-1.17 of the Unified Code of Corrections and additional | ||
appropriations made by the General Assembly for such purpose. | ||
(Source: P.A. 94-696, eff. 6-1-06; 95-861, eff. 1-1-09.)
| ||
Section 15. The Unified Code of Corrections is amended by | ||
adding Section 5-9-1.17 as follows: | ||
(730 ILCS 5/5-9-1.17 new)
| ||
Sec. 5-9-1.17. Additional fine to fund expungement of | ||
juvenile records. | ||
(a) There shall be added to every penalty imposed in | ||
sentencing for a criminal offense an additional fine of $30 to | ||
be imposed upon a plea of guilty or finding of guilty resulting | ||
in a judgment of conviction. | ||
(b) Ten dollars of each such additional fine shall be | ||
remitted to the State Treasurer for deposit into the State | ||
Police Services Fund to be used to implement the expungement of | ||
juvenile records as provided in Section 5-622 of the Juvenile | ||
Court Act of 1987, $10 shall be paid to the State's Attorney's | ||
Office that prosecuted the criminal offense, and $10 shall be | ||
retained by the Circuit Clerk for administrative costs | ||
associated with the expungement of juvenile records and shall | ||
be deposited into the Circuit Court Clerk Operation and | ||
Administrative Fund. | ||