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Public Act 093-0912

 

Public Act 0912 93RD GENERAL ASSEMBLY 





 

 		


Public Act 093-0912
 		





HB4566 Enrolled
LRB093 19428 RLC 45166 b






    AN ACT concerning minors.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Juvenile Court Act of 1987 is amended  by 
changing Section 5-915 as follows:
 



    (705 ILCS 405/5-915)



    Sec. 5-915. Expungement of juvenile law enforcement and 
juvenile court records. 

    (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
Corrections, 
    Juvenile Division
pursuant to this Act has been terminated;

whichever is later of (a) or (b).
    (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 Corrections, 
Juvenile Division, 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 90 days 
of the notice of the petition, the clerk of the circuit court 
shall set a date for hearing after the 90 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 90 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.
and upon the
arresting authority which is the 
subject of the petition for expungement.
    (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.

(Source: P.A. 90-590, eff. 1-1-99.)

 
    Section 99. Effective date. This Act takes effect upon 
becoming law.




Effective Date:  8/12/2004











  

    

      

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