|
Public Act 099-0835
|
| HB5017 Enrolled | LRB099 15629 RLC 43319 b |
|
|
AN ACT concerning courts.
|
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 |
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 a person has been arrested, charged, or |
adjudicated delinquent for an incident occurring before his or |
her 18th birthday that if committed by an adult would be an |
|
offense, the
person may petition the court at any time for |
expungement of law
enforcement records and juvenile court |
records relating to the incident and upon termination of any |
person has attained the age of 18 or whenever all juvenile
|
court proceedings relating to that incident, the court shall |
order the expungement of all records in the possession of the |
Department of State Police, the clerk of the circuit court, and |
law enforcement agencies relating to the incident, 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 18th birthday or his |
or her
juvenile court
records, or both, but only in any of the |
following circumstances:
|
(a) the minor was arrested and no petition for |
delinquency was filed with
the clerk of the circuit court; |
or |
(a-5) the minor was charged with an offense and the |
petition or petitions were dismissed without a finding of |
delinquency;
|
(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.
|
(1.5) Commencing 180 days after the effective date of this |
amendatory Act of the 98th General Assembly, the Department of |
State Police shall automatically expunge, on or before January |
1 of each year, a person's law enforcement records which are |
not subject to subsection (1) relating to incidents occurring |
before his or her 18th birthday in the Department's possession |
or control and which contains the final disposition which |
pertain to the person when arrested as a minor if:
|
(a) the minor was arrested for an eligible offense and |
no petition for delinquency was filed with the clerk of the |
circuit court; and |
(b) the person attained the age of 18 years during the |
last calendar year; and |
(c) since the date of the minor's most recent arrest, |
at least 6 months have elapsed without an additional |
arrest, filing of a petition for delinquency whether |
related or not to a previous arrest, or filing of charges |
not initiated by arrest. |
The Department of State Police shall allow a person to use |
the Access and Review process, established in the Department of |
State Police, for verifying that his or her law enforcement |
records relating to incidents occurring before his or her 18th |
birthday eligible under this subsection have been expunged as |
provided in this subsection. |
The Department of State Police shall provide by rule the |
|
process for access, review, and automatic expungement. |
(1.6) Commencing on the effective date of this amendatory |
Act of the 98th General Assembly, a person whose law |
enforcement records are not subject to subsection (1) or (1.5) |
of this Section and who has attained the age of 18 years may |
use the Access and Review process, established in the |
Department of State Police, for verifying his or her law |
enforcement records relating to incidents occurring before his |
or her 18th birthday in the Department's possession or control |
which pertain to the person when arrested as a minor, if the |
incident occurred no earlier than 30 years before the effective |
date of this amendatory Act of the 98th General Assembly. If |
the person identifies a law enforcement record of an eligible |
offense that meets the requirements of this subsection, |
paragraphs (a) and (c) of subsection (1.5) of this Section, and |
all juvenile court proceedings related to the person have been |
terminated, the person may file a Request for Expungement of |
Juvenile Law Enforcement Records, in the form and manner |
prescribed by the Department of State Police, with the |
Department and the Department shall consider expungement of the |
record as otherwise provided for automatic expungement under |
subsection (1.5) of this Section. The person shall provide |
notice and a copy of the Request for Expungement of Juvenile |
Law Enforcement Records to the arresting agency, prosecutor |
charged with the prosecution of the minor, or the State's |
Attorney of the county that prosecuted the minor. The |
|
Department of State Police shall provide by rule the process |
for access, review, and Request for Expungement of Juvenile Law |
Enforcement Records. |
(1.7) Nothing in subsections (1.5) and (1.6) of this |
Section precludes a person from filing a petition under |
subsection (1) for expungement of records subject to automatic |
expungement under that subsection (1) or subsection (1.5) or |
(1.6) of this Section. |
(1.8) For the purposes of subsections (1.5) and (1.6) of |
this Section, "eligible offense" means records relating to an |
arrest or incident occurring before the person's 18th birthday |
that if committed by an adult is not an offense classified as a |
Class 2 felony or higher offense, an offense under Article 11 |
of the Criminal Code of 1961 or the Criminal Code of 2012, or |
an offense under Section 12-13, 12-14, 12-14.1, 12-15, or 12-16 |
of the Criminal Code of 1961. |
(2) Any person may petition the court to expunge all law |
enforcement records
relating to any
incidents occurring before |
his or her 18th 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 18th 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 18 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 |
18th 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 18 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) may |
include multiple offenses on the same petition and 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)) |
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 .... |
18, 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 or offenses of ......., and:
|
(Check All That Apply:)
|
( ) a. no petition or petitions were filed with the Clerk of |
the Circuit Court. |
( ) b. was charged with ...... and was found not delinquent
of |
the offense or offenses. |
( ) c. a petition or petitions were filed and the petition or |
petitions were 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 or offenses, 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 or incidents, and (2) to |
order the Clerk of the Court to expunge all records concerning |
the petitioner regarding this incident or incidents.
|
......................
|
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 18th birthday and did not |
result in proceedings in criminal court and the Petitioner has |
not had any convictions for any crime since his/her 18th |
birthday; and
|
The incident for which the Petitioner seeks expungement |
occurred before the Petitioner's 18th 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 18th 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
|
|
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. |
(6.5) The Department of State Police or any employee of the |
Department shall be immune from civil or criminal liability for |
failure to expunge any records of arrest that are subject to |
expungement under subsection (1.5) or (1.6) of this Section |
because of inability to verify a record. Nothing in subsection |
(1.5) or (1.6) of this Section shall create Department of State |
Police liability or responsibility for the expungement of law |
enforcement records it does not possess. |
(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. |
(9) The changes made to this Section by Public Act 98-61 |
apply to law enforcement records of a minor who has been |
arrested or taken into custody on or after January 1, 2014 (the |
effective date of Public Act 98-61). |
(10) The changes made in subsection (1.5) of this Section |
by this amendatory Act of the 98th General Assembly apply to |
law enforcement records of a minor who has been arrested or |
taken into custody on or after January 1, 2015. The changes |
made in subsection (1.6) of this Section by this amendatory Act |
of the 98th General Assembly apply to law enforcement records |
of a minor who has been arrested or taken into custody before |
January 1, 2015. |
(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756, |
eff. 7-16-14.)
|