Rep. Elaine Nekritz
Filed: 3/7/2017
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| 1 | AMENDMENT TO HOUSE BILL 3817
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| 2 | AMENDMENT NO. ______. Amend House Bill 3817 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
| 5 | changing Sections 1-7, 1-8, and 5-915 as follows:
| ||||||
| 6 | (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
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| 7 | Sec. 1-7. Confidentiality of law enforcement, municipal | ||||||
| 8 | ordinance violation, and traffic records.
| ||||||
| 9 | (A) All juvenile records which have not been expunged are | ||||||
| 10 | sealed and may never be disclosed to the general public or | ||||||
| 11 | otherwise made widely available. Sealed records may be obtained | ||||||
| 12 | only under this Section and Section 1-8 and 5-915 of this Act, | ||||||
| 13 | when their use is needed for good cause and with the approval | ||||||
| 14 | of the juvenile court, as required. Inspection and copying of | ||||||
| 15 | law enforcement records maintained by law
enforcement agencies | ||||||
| 16 | or records of municipal ordinance or traffic violations | ||||||
| |||||||
| |||||||
| 1 | maintained by any State, local, or municipal agency that relate | ||||||
| 2 | to a minor who has been investigated, arrested, or taken
into | ||||||
| 3 | custody before his or her 18th birthday shall be restricted to | ||||||
| 4 | the
following:
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| 5 | (1) Any local, State or federal law enforcement | ||||||
| 6 | officers of any
jurisdiction or agency when necessary for | ||||||
| 7 | the discharge of their official
duties during the | ||||||
| 8 | investigation or prosecution of a crime or relating to a
| ||||||
| 9 | minor who has been adjudicated delinquent and there has | ||||||
| 10 | been a previous finding
that the act which constitutes the | ||||||
| 11 | previous offense was committed in
furtherance of criminal | ||||||
| 12 | activities by a criminal street gang, or, when necessary | ||||||
| 13 | for the discharge of its official duties in connection with | ||||||
| 14 | a particular investigation of the conduct of a law | ||||||
| 15 | enforcement officer, an independent agency or its staff | ||||||
| 16 | created by ordinance and charged by a unit of local | ||||||
| 17 | government with the duty of investigating the conduct of | ||||||
| 18 | law enforcement officers. For purposes of
this Section, | ||||||
| 19 | "criminal street gang" has the meaning ascribed to it in
| ||||||
| 20 | Section 10 of the Illinois Streetgang Terrorism Omnibus | ||||||
| 21 | Prevention Act.
| ||||||
| 22 | (2) Prosecutors, probation officers, social workers, | ||||||
| 23 | or other
individuals assigned by the court to conduct a | ||||||
| 24 | pre-adjudication or
pre-disposition investigation, and | ||||||
| 25 | individuals responsible for supervising
or providing | ||||||
| 26 | temporary or permanent care and custody for minors pursuant | ||||||
| |||||||
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| 1 | to
the order of the juvenile court, when essential to | ||||||
| 2 | performing their
responsibilities.
| ||||||
| 3 | (3) Prosecutors and probation officers:
| ||||||
| 4 | (a) in the course of a trial when institution of | ||||||
| 5 | criminal proceedings
has been permitted or required | ||||||
| 6 | under Section 5-805; or
| ||||||
| 7 | (b) when institution of criminal proceedings has | ||||||
| 8 | been permitted or required under Section 5-805 and such | ||||||
| 9 | minor is the
subject
of a proceeding to determine the | ||||||
| 10 | amount of bail; or
| ||||||
| 11 | (c) when criminal proceedings have been permitted
| ||||||
| 12 | or
required under Section 5-805 and such minor is the | ||||||
| 13 | subject of a
pre-trial
investigation, pre-sentence | ||||||
| 14 | investigation, fitness hearing, or proceedings
on an | ||||||
| 15 | application for probation.
| ||||||
| 16 | (4) Adult and Juvenile Prisoner Review Board.
| ||||||
| 17 | (5) Authorized military personnel.
| ||||||
| 18 | (6) Persons engaged in bona fide research, with the | ||||||
| 19 | permission of the
Presiding Judge of the Juvenile Court and | ||||||
| 20 | the chief executive of the respective
law enforcement | ||||||
| 21 | agency; provided that publication of such research results
| ||||||
| 22 | in no disclosure of a minor's identity and protects the | ||||||
| 23 | confidentiality
of the minor's record.
| ||||||
| 24 | (7) Department of Children and Family Services child | ||||||
| 25 | protection
investigators acting in their official | ||||||
| 26 | capacity.
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| 1 | (8) The appropriate school official only if the agency | ||||||
| 2 | or officer believes that there is an imminent threat of | ||||||
| 3 | physical harm to students, school personnel, or others who | ||||||
| 4 | are present in the school or on school grounds. | ||||||
| 5 | (A) Inspection and copying
shall be limited to law | ||||||
| 6 | enforcement records transmitted to the appropriate
| ||||||
| 7 | school official or officials whom the school has | ||||||
| 8 | determined to have a legitimate educational or safety | ||||||
| 9 | interest by a local law enforcement agency under a | ||||||
| 10 | reciprocal reporting
system established and maintained | ||||||
| 11 | between the school district and the local law
| ||||||
| 12 | enforcement agency under Section 10-20.14 of the | ||||||
| 13 | School Code concerning a minor
enrolled in a school | ||||||
| 14 | within the school district who has been arrested or | ||||||
| 15 | taken
into custody for any of the following offenses:
| ||||||
| 16 | (i) any violation of Article 24 of the Criminal | ||||||
| 17 | Code of
1961 or the Criminal Code of 2012;
| ||||||
| 18 | (ii) a violation of the Illinois Controlled | ||||||
| 19 | Substances Act;
| ||||||
| 20 | (iii) a violation of the Cannabis Control Act;
| ||||||
| 21 | (iv) a forcible felony as defined in Section | ||||||
| 22 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
| 23 | Code of 2012; | ||||||
| 24 | (v) a violation of the Methamphetamine Control | ||||||
| 25 | and Community Protection Act;
| ||||||
| 26 | (vi) a violation of Section 1-2 of the | ||||||
| |||||||
| |||||||
| 1 | Harassing and Obscene Communications Act; | ||||||
| 2 | (vii) a violation of the Hazing Act; or | ||||||
| 3 | (viii) a violation of Section 12-1, 12-2, | ||||||
| 4 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
| 5 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
| 6 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
| 7 | The information derived from the law enforcement | ||||||
| 8 | records shall be kept separate from and shall not | ||||||
| 9 | become a part of the official school record of that | ||||||
| 10 | child and shall not be a public record. The information | ||||||
| 11 | shall be used solely by the appropriate school official | ||||||
| 12 | or officials whom the school has determined to have a | ||||||
| 13 | legitimate educational or safety interest to aid in the | ||||||
| 14 | proper rehabilitation of the child and to protect the | ||||||
| 15 | safety of students and employees in the school. If the | ||||||
| 16 | designated law enforcement and school officials deem | ||||||
| 17 | it to be in the best interest of the minor, the student | ||||||
| 18 | may be referred to in-school or community based social | ||||||
| 19 | services if those services are available. | ||||||
| 20 | "Rehabilitation services" may include interventions by | ||||||
| 21 | school support personnel, evaluation for eligibility | ||||||
| 22 | for special education, referrals to community-based | ||||||
| 23 | agencies such as youth services, behavioral healthcare | ||||||
| 24 | service providers, drug and alcohol prevention or | ||||||
| 25 | treatment programs, and other interventions as deemed | ||||||
| 26 | appropriate for the student. | ||||||
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| 1 | (B) Any information provided to appropriate school | ||||||
| 2 | officials whom the school has determined to have a | ||||||
| 3 | legitimate educational or safety interest by local law | ||||||
| 4 | enforcement officials about a minor who is the subject | ||||||
| 5 | of a current police investigation that is directly | ||||||
| 6 | related to school safety shall consist of oral | ||||||
| 7 | information only, and not written law enforcement | ||||||
| 8 | records, and shall be used solely by the appropriate | ||||||
| 9 | school official or officials to protect the safety of | ||||||
| 10 | students and employees in the school and aid in the | ||||||
| 11 | proper rehabilitation of the child. The information | ||||||
| 12 | derived orally from the local law enforcement | ||||||
| 13 | officials shall be kept separate from and shall not | ||||||
| 14 | become a part of the official school record of the | ||||||
| 15 | child and shall not be a public record. This limitation | ||||||
| 16 | on the use of information about a minor who is the | ||||||
| 17 | subject of a current police investigation shall in no | ||||||
| 18 | way limit the use of this information by prosecutors in | ||||||
| 19 | pursuing criminal charges arising out of the | ||||||
| 20 | information disclosed during a police investigation of | ||||||
| 21 | the minor. For purposes of this paragraph, | ||||||
| 22 | "investigation" means an official systematic inquiry | ||||||
| 23 | by a law enforcement agency into actual or suspected | ||||||
| 24 | criminal activity. | ||||||
| 25 | (9) Mental health professionals on behalf of the | ||||||
| 26 | Illinois Department of
Corrections or the Department of | ||||||
| |||||||
| |||||||
| 1 | Human Services or prosecutors who are
evaluating, | ||||||
| 2 | prosecuting, or investigating a potential or actual | ||||||
| 3 | petition
brought
under the Sexually Violent Persons | ||||||
| 4 | Commitment Act relating to a person who is
the
subject of | ||||||
| 5 | juvenile law enforcement records or the respondent to a | ||||||
| 6 | petition
brought under the Sexually Violent Persons | ||||||
| 7 | Commitment Act who is the subject of
the
juvenile law | ||||||
| 8 | enforcement records sought.
Any records and any | ||||||
| 9 | information obtained from those records under this
| ||||||
| 10 | paragraph (9) may be used only in sexually violent persons | ||||||
| 11 | commitment
proceedings.
| ||||||
| 12 | (10) The president of a park district. Inspection and | ||||||
| 13 | copying shall be limited to law enforcement records | ||||||
| 14 | transmitted to the president of the park district by the | ||||||
| 15 | Illinois State Police under Section 8-23 of the Park | ||||||
| 16 | District Code or Section 16a-5 of the Chicago Park District | ||||||
| 17 | Act concerning a person who is seeking employment with that | ||||||
| 18 | park district and who has been adjudicated a juvenile | ||||||
| 19 | delinquent for any of the offenses listed in subsection (c) | ||||||
| 20 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
| 21 | of Section 16a-5 of the Chicago Park District Act. | ||||||
| 22 | (B)(1) Except as provided in paragraph (2), no law | ||||||
| 23 | enforcement
officer or other person or agency may knowingly | ||||||
| 24 | transmit to the Department of
Corrections or the Department | ||||||
| 25 | of State Police or to the Federal
Bureau of Investigation | ||||||
| 26 | any fingerprint or photograph relating to a minor who
has | ||||||
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| 1 | been arrested or taken into custody before his or her 18th | ||||||
| 2 | birthday,
unless the court in proceedings under this Act | ||||||
| 3 | authorizes the transmission or
enters an order under | ||||||
| 4 | Section 5-805 permitting or requiring the
institution of
| ||||||
| 5 | criminal proceedings.
| ||||||
| 6 | (2) Law enforcement officers or other persons or | ||||||
| 7 | agencies shall transmit
to the Department of State Police | ||||||
| 8 | copies of fingerprints and descriptions
of all minors who | ||||||
| 9 | have been arrested or taken into custody before their
18th | ||||||
| 10 | birthday for the offense of unlawful use of weapons under | ||||||
| 11 | Article 24 of
the Criminal Code of 1961 or the Criminal | ||||||
| 12 | Code of 2012, a Class X or Class 1 felony, a forcible | ||||||
| 13 | felony as
defined in Section 2-8 of the Criminal Code of | ||||||
| 14 | 1961 or the Criminal Code of 2012, or a Class 2 or greater
| ||||||
| 15 | felony under the Cannabis Control Act, the Illinois | ||||||
| 16 | Controlled Substances Act, the Methamphetamine Control and | ||||||
| 17 | Community Protection Act,
or Chapter 4 of the Illinois | ||||||
| 18 | Vehicle Code, pursuant to Section 5 of the
Criminal | ||||||
| 19 | Identification Act. Information reported to the Department | ||||||
| 20 | pursuant
to this Section may be maintained with records | ||||||
| 21 | that the Department files
pursuant to Section 2.1 of the | ||||||
| 22 | Criminal Identification Act. Nothing in this
Act prohibits | ||||||
| 23 | a law enforcement agency from fingerprinting a minor taken | ||||||
| 24 | into
custody or arrested before his or her 18th birthday | ||||||
| 25 | for an offense other than
those listed in this paragraph | ||||||
| 26 | (2).
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| 1 | (C) The records of law enforcement officers, or of an | ||||||
| 2 | independent agency created by ordinance and charged by a unit | ||||||
| 3 | of local government with the duty of investigating the conduct | ||||||
| 4 | of law enforcement officers, concerning all minors under
18 | ||||||
| 5 | years of age must be maintained separate from the records of | ||||||
| 6 | arrests and
may not be open to public inspection or their | ||||||
| 7 | contents disclosed to the
public except by order of the court | ||||||
| 8 | presiding over matters pursuant to this Act or when the | ||||||
| 9 | institution of criminal
proceedings has been permitted or | ||||||
| 10 | required under Section
5-805 or such a person has been | ||||||
| 11 | convicted of a crime and is the
subject of
pre-sentence | ||||||
| 12 | investigation or proceedings on an application for probation
or | ||||||
| 13 | when provided by law. For purposes of obtaining documents | ||||||
| 14 | pursuant to this Section, a civil subpoena is not an order of | ||||||
| 15 | the court. | ||||||
| 16 | (1) In cases where the law enforcement, or independent | ||||||
| 17 | agency, records concern a pending juvenile court case, the | ||||||
| 18 | party seeking to inspect the records shall provide actual | ||||||
| 19 | notice to the attorney or guardian ad litem of the minor | ||||||
| 20 | whose records are sought. | ||||||
| 21 | (2) In cases where the records concern a juvenile court | ||||||
| 22 | case that is no longer pending, the party seeking to | ||||||
| 23 | inspect the records shall provide actual notice to the | ||||||
| 24 | minor or the minor's parent or legal guardian, and the | ||||||
| 25 | matter shall be referred to the chief judge presiding over | ||||||
| 26 | matters pursuant to this Act. | ||||||
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| 1 | (3) In determining whether the records should be | ||||||
| 2 | available for inspection, the court shall consider the | ||||||
| 3 | minor's interest in confidentiality and rehabilitation | ||||||
| 4 | over the moving party's interest in obtaining the | ||||||
| 5 | information. Any records obtained in violation of this | ||||||
| 6 | subsection (C) shall not be admissible in any criminal or | ||||||
| 7 | civil proceeding, or operate to disqualify a minor from | ||||||
| 8 | subsequently holding public office or securing employment, | ||||||
| 9 | or operate as a forfeiture of any public benefit, right, | ||||||
| 10 | privilege, or right to receive any license granted by | ||||||
| 11 | public authority.
| ||||||
| 12 | (D) Nothing contained in subsection (C) of this Section | ||||||
| 13 | shall prohibit
the inspection or disclosure to victims and | ||||||
| 14 | witnesses of photographs
contained in the records of law | ||||||
| 15 | enforcement agencies when the
inspection and disclosure is | ||||||
| 16 | conducted in the presence of a law enforcement
officer for the | ||||||
| 17 | purpose of the identification or apprehension of any person
| ||||||
| 18 | subject to the provisions of this Act or for the investigation | ||||||
| 19 | or
prosecution of any crime.
| ||||||
| 20 | (E) Law enforcement officers, and personnel of an | ||||||
| 21 | independent agency created by ordinance and charged by a unit | ||||||
| 22 | of local government with the duty of investigating the conduct | ||||||
| 23 | of law enforcement officers, may not disclose the identity of | ||||||
| 24 | any minor
in releasing information to the general public as to | ||||||
| 25 | the arrest, investigation
or disposition of any case involving | ||||||
| 26 | a minor.
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| 1 | (F) Nothing contained in this Section shall prohibit law | ||||||
| 2 | enforcement
agencies from communicating with each other by | ||||||
| 3 | letter, memorandum, teletype or
intelligence alert bulletin or | ||||||
| 4 | other means the identity or other relevant
information | ||||||
| 5 | pertaining to a person under 18 years of age if there are
| ||||||
| 6 | reasonable grounds to believe that the person poses a real and | ||||||
| 7 | present danger
to the safety of the public or law enforcement | ||||||
| 8 | officers. The information
provided under this subsection (F) | ||||||
| 9 | shall remain confidential and shall not
be publicly disclosed, | ||||||
| 10 | except as otherwise allowed by law.
| ||||||
| 11 | (G) Nothing in this Section shall prohibit the right of a | ||||||
| 12 | Civil Service
Commission or appointing authority of any state, | ||||||
| 13 | county or municipality
examining the character and fitness of | ||||||
| 14 | an applicant for employment with a law
enforcement agency, | ||||||
| 15 | correctional institution, or fire department
from obtaining | ||||||
| 16 | and examining the
records of any law enforcement agency | ||||||
| 17 | relating to any record of the applicant
having been arrested or | ||||||
| 18 | taken into custody before the applicant's 18th
birthday.
| ||||||
| 19 | (H) The changes made to this Section by Public Act 98-61 | ||||||
| 20 | apply to law enforcement records of a minor who has been | ||||||
| 21 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
| 22 | effective date of Public Act 98-61). | ||||||
| 23 | (I) Any person found to be in violation of this Section is | ||||||
| 24 | guilty of a Class B misdemeanor and subject to a fine of $1,000 | ||||||
| 25 | per violation. This subsection (I) shall not apply to the | ||||||
| 26 | person who is the subject of the record. | ||||||
| |||||||
| |||||||
| 1 | (J) A person convicted of violating this Section is liable | ||||||
| 2 | for damages in the amount of $1,000 or actual damages, | ||||||
| 3 | whichever is greater. | ||||||
| 4 | (Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298, | ||||||
| 5 | eff. 8-6-15.)
| ||||||
| 6 | (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)
| ||||||
| 7 | Sec. 1-8. Confidentiality and accessibility of juvenile | ||||||
| 8 | court records.
| ||||||
| 9 | (A) A juvenile adjudication shall never be considered a | ||||||
| 10 | conviction nor shall an adjudicated individual be considered a | ||||||
| 11 | criminal. A juvenile adjudication shall not operate to impose | ||||||
| 12 | upon the individual any of the civil disabilities ordinarily | ||||||
| 13 | imposed by or resulting from conviction. Adjudications shall | ||||||
| 14 | not prejudice or disqualify the individual in any civil service | ||||||
| 15 | application or appointment, from holding public office, or from | ||||||
| 16 | receiving any license granted by public authority. All juvenile | ||||||
| 17 | records which have not been expunged are sealed and may never | ||||||
| 18 | be disclosed to the general public or otherwise made widely | ||||||
| 19 | available. Sealed records may be obtained only under this | ||||||
| 20 | Section and Section 1-7 and Section 5-915 of this Act, when | ||||||
| 21 | their use is needed for good cause and with the approval of the | ||||||
| 22 | juvenile court, as required. Inspection and copying of juvenile | ||||||
| 23 | court records relating to a minor
who is the subject of a | ||||||
| 24 | proceeding under this Act shall be restricted to the
following:
| ||||||
| 25 | (1) The minor who is the subject of record, his | ||||||
| |||||||
| |||||||
| 1 | parents, guardian
and counsel.
| ||||||
| 2 | (2) Law enforcement officers and law enforcement | ||||||
| 3 | agencies when such
information is essential to executing an | ||||||
| 4 | arrest or search warrant or other
compulsory process, or to | ||||||
| 5 | conducting an ongoing investigation
or relating to a minor | ||||||
| 6 | who
has been adjudicated delinquent and there has been a | ||||||
| 7 | previous finding that
the act which constitutes the | ||||||
| 8 | previous offense was committed in furtherance
of criminal | ||||||
| 9 | activities by a criminal street gang.
| ||||||
| 10 | Before July 1, 1994, for the purposes of this Section, | ||||||
| 11 | "criminal street
gang" means any ongoing
organization, | ||||||
| 12 | association, or group of 3 or more persons, whether formal | ||||||
| 13 | or
informal, having as one of its primary activities the | ||||||
| 14 | commission of one or
more criminal acts and that has a | ||||||
| 15 | common name or common identifying sign,
symbol or specific | ||||||
| 16 | color apparel displayed, and whose members individually
or | ||||||
| 17 | collectively engage in or have engaged in a pattern of | ||||||
| 18 | criminal activity.
| ||||||
| 19 | Beginning July 1, 1994, for purposes of this Section, | ||||||
| 20 | "criminal street
gang" has the meaning ascribed to it in | ||||||
| 21 | Section 10 of the Illinois Streetgang
Terrorism Omnibus | ||||||
| 22 | Prevention Act.
| ||||||
| 23 | (3) Judges, hearing officers, prosecutors, probation | ||||||
| 24 | officers, social
workers or other
individuals assigned by | ||||||
| 25 | the court to conduct a pre-adjudication or
predisposition | ||||||
| 26 | investigation, and individuals responsible for supervising
| ||||||
| |||||||
| |||||||
| 1 | or providing temporary or permanent care and custody for | ||||||
| 2 | minors pursuant
to the order of the juvenile court when | ||||||
| 3 | essential to performing their
responsibilities.
| ||||||
| 4 | (4) Judges, prosecutors and probation officers:
| ||||||
| 5 | (a) in the course of a trial when institution of | ||||||
| 6 | criminal proceedings
has been permitted or required | ||||||
| 7 | under Section 5-805; or
| ||||||
| 8 | (b) when criminal proceedings have been permitted
| ||||||
| 9 | or
required under Section 5-805 and a minor is the | ||||||
| 10 | subject of a
proceeding to
determine the amount of | ||||||
| 11 | bail; or
| ||||||
| 12 | (c) when criminal proceedings have been permitted
| ||||||
| 13 | or
required under Section 5-805 and a minor is the | ||||||
| 14 | subject of a
pre-trial
investigation, pre-sentence | ||||||
| 15 | investigation or fitness hearing, or
proceedings on an | ||||||
| 16 | application for probation; or
| ||||||
| 17 | (d) when a minor becomes 18 years of age or older, | ||||||
| 18 | and is the subject
of criminal proceedings, including a | ||||||
| 19 | hearing to determine the amount of
bail, a pre-trial | ||||||
| 20 | investigation, a pre-sentence investigation, a fitness
| ||||||
| 21 | hearing, or proceedings on an application for | ||||||
| 22 | probation.
| ||||||
| 23 | (5) Adult and Juvenile Prisoner Review Boards.
| ||||||
| 24 | (6) Authorized military personnel.
| ||||||
| 25 | (7) Victims, their subrogees and legal | ||||||
| 26 | representatives; however, such
persons shall have access | ||||||
| |||||||
| |||||||
| 1 | only to the name and address of the minor and
information | ||||||
| 2 | pertaining to the disposition or alternative adjustment | ||||||
| 3 | plan
of the juvenile court.
| ||||||
| 4 | (8) Persons engaged in bona fide research, with the | ||||||
| 5 | permission of the
presiding judge of the juvenile court and | ||||||
| 6 | the chief executive of the agency
that prepared the | ||||||
| 7 | particular records; provided that publication of such
| ||||||
| 8 | research results in no disclosure of a minor's identity and | ||||||
| 9 | protects the
confidentiality of the record.
| ||||||
| 10 | (9) The Secretary of State to whom the Clerk of the | ||||||
| 11 | Court shall report
the disposition of all cases, as | ||||||
| 12 | required in Section 6-204 of the Illinois
Vehicle Code. | ||||||
| 13 | However, information reported relative to these offenses | ||||||
| 14 | shall
be privileged and available only to the Secretary of | ||||||
| 15 | State, courts, and police
officers.
| ||||||
| 16 | (10) The administrator of a bonafide substance abuse | ||||||
| 17 | student
assistance program with the permission of the | ||||||
| 18 | presiding judge of the
juvenile court.
| ||||||
| 19 | (11) Mental health professionals on behalf of the | ||||||
| 20 | Illinois Department of
Corrections or the Department of | ||||||
| 21 | Human Services or prosecutors who are
evaluating, | ||||||
| 22 | prosecuting, or investigating a potential or actual | ||||||
| 23 | petition
brought
under the Sexually Violent Persons | ||||||
| 24 | Commitment Act relating to a person who is the
subject of
| ||||||
| 25 | juvenile court records or the respondent to a petition | ||||||
| 26 | brought under
the
Sexually Violent Persons Commitment Act, | ||||||
| |||||||
| |||||||
| 1 | who is the subject of juvenile
court records
sought. Any | ||||||
| 2 | records and any information obtained from those records | ||||||
| 3 | under this
paragraph (11) may be used only in sexually | ||||||
| 4 | violent persons commitment
proceedings.
| ||||||
| 5 | (A-1) Findings and exclusions of paternity entered in | ||||||
| 6 | proceedings occurring under Article II of this Act shall be | ||||||
| 7 | disclosed, in a manner and form approved by the Presiding Judge | ||||||
| 8 | of the Juvenile Court, to the Department of Healthcare and | ||||||
| 9 | Family Services when necessary to discharge the duties of the | ||||||
| 10 | Department of Healthcare and Family Services under Article X of | ||||||
| 11 | the Illinois Public Aid Code. | ||||||
| 12 | (B) A minor who is the victim in a juvenile proceeding | ||||||
| 13 | shall be
provided the same confidentiality regarding | ||||||
| 14 | disclosure of identity as the
minor who is the subject of | ||||||
| 15 | record.
| ||||||
| 16 | (C) Juvenile Except as otherwise provided in this | ||||||
| 17 | subsection (C), juvenile court
records shall not be made | ||||||
| 18 | available to the general public. Subject to the limitations in | ||||||
| 19 | paragraphs (0.1) through (0.4) of this subsection (C), the | ||||||
| 20 | judge presiding over a juvenile court proceeding brought under | ||||||
| 21 | this Act, in his or her discretion, may order that juvenile | ||||||
| 22 | court records of an individual case be made available for | ||||||
| 23 | inspection upon request by a representative of an agency, | ||||||
| 24 | association, or news media entity or by a properly interested | ||||||
| 25 | person. For purposes of inspecting documents under this | ||||||
| 26 | subsection (C), a civil subpoena is not an order of the court.
| ||||||
| |||||||
| |||||||
| 1 | (0.1) In cases where the records concern a pending | ||||||
| 2 | juvenile court case, the requesting party seeking to | ||||||
| 3 | inspect the juvenile court records shall provide actual | ||||||
| 4 | notice to the attorney or guardian ad litem of the minor | ||||||
| 5 | whose records are sought. | ||||||
| 6 | (0.2) In cases where the records concern a juvenile | ||||||
| 7 | court case that is no longer pending, the requesting party | ||||||
| 8 | seeking to inspect the juvenile court records shall provide | ||||||
| 9 | actual notice to the minor or the minor's parent or legal | ||||||
| 10 | guardian, and the matter shall be referred to the chief | ||||||
| 11 | judge presiding over matters pursuant to this Act. | ||||||
| 12 | (0.3) In determining whether records should be made | ||||||
| 13 | available for inspection and whether inspection should be | ||||||
| 14 | limited to certain parts of the file, the court shall | ||||||
| 15 | consider the minor's interest in confidentiality and | ||||||
| 16 | rehabilitation over the requesting party's interest in | ||||||
| 17 | obtaining the information. The State's Attorney, the | ||||||
| 18 | minor, and the minor's parents, guardian, and counsel shall | ||||||
| 19 | at all times have the right to examine court files and | ||||||
| 20 | records. | ||||||
| 21 | (0.4) Any records obtained in violation of this | ||||||
| 22 | subsection (C) shall not be admissible in any criminal or | ||||||
| 23 | civil proceeding, or operate to disqualify a minor from | ||||||
| 24 | subsequently holding public office, or operate as a | ||||||
| 25 | forfeiture of any public benefit, right, privilege, or | ||||||
| 26 | right to receive any license granted by public authority.
| ||||||
| |||||||
| |||||||
| 1 | (1) The
court shall allow the general public to have | ||||||
| 2 | access to the name, address, and offense of a minor
who is | ||||||
| 3 | adjudicated a delinquent minor under this Act under either | ||||||
| 4 | of the
following circumstances:
| ||||||
| 5 | (A) The
adjudication of
delinquency was based upon | ||||||
| 6 | the
minor's
commission of first degree murder, attempt | ||||||
| 7 | to commit first degree
murder, aggravated criminal | ||||||
| 8 | sexual assault, or criminal sexual assault; or
| ||||||
| 9 | (B) The court has made a finding that the minor was | ||||||
| 10 | at least 13 years of
age
at the time the act was | ||||||
| 11 | committed and the adjudication of delinquency was | ||||||
| 12 | based
upon the minor's commission of: (i)
an act in | ||||||
| 13 | furtherance of the commission of a felony as a member | ||||||
| 14 | of or on
behalf of a criminal street
gang, (ii) an act | ||||||
| 15 | involving the use of a firearm in the commission of a
| ||||||
| 16 | felony, (iii) an act that would be a Class X felony | ||||||
| 17 | offense
under or
the minor's second or subsequent
Class | ||||||
| 18 | 2 or greater felony offense under the Cannabis Control | ||||||
| 19 | Act if committed by an adult,
(iv) an act that would be | ||||||
| 20 | a second or subsequent offense under Section 402 of
the | ||||||
| 21 | Illinois Controlled Substances Act if committed by an | ||||||
| 22 | adult, (v) an act
that would be an offense under | ||||||
| 23 | Section 401 of the Illinois Controlled
Substances Act | ||||||
| 24 | if committed by an adult, (vi) an act that would be a | ||||||
| 25 | second or subsequent offense under Section 60 of the | ||||||
| 26 | Methamphetamine Control and Community Protection Act, | ||||||
| |||||||
| |||||||
| 1 | or (vii) an act that would be an offense under another | ||||||
| 2 | Section of the Methamphetamine Control and Community | ||||||
| 3 | Protection Act.
| ||||||
| 4 | (2) The court
shall allow the general public to have | ||||||
| 5 | access to the name, address, and offense of a minor who is | ||||||
| 6 | at least 13 years of age at
the time the offense
is | ||||||
| 7 | committed and who is convicted, in criminal proceedings
| ||||||
| 8 | permitted or required under Section 5-4, under either of | ||||||
| 9 | the following
circumstances:
| ||||||
| 10 | (A) The minor has been convicted of first degree | ||||||
| 11 | murder, attempt
to commit first degree
murder, | ||||||
| 12 | aggravated criminal sexual
assault, or criminal sexual | ||||||
| 13 | assault,
| ||||||
| 14 | (B) The court has made a finding that the minor was | ||||||
| 15 | at least 13 years
of age
at the time the offense was | ||||||
| 16 | committed and the conviction was based upon the
minor's | ||||||
| 17 | commission of: (i)
an offense in
furtherance of the | ||||||
| 18 | commission of a felony as a member of or on behalf of a
| ||||||
| 19 | criminal street gang, (ii) an offense
involving the use | ||||||
| 20 | of a firearm in the commission of a felony, (iii)
a | ||||||
| 21 | Class X felony offense under or a second or subsequent | ||||||
| 22 | Class 2 or
greater felony offense under the Cannabis | ||||||
| 23 | Control Act, (iv) a
second or subsequent offense under | ||||||
| 24 | Section 402 of the Illinois
Controlled Substances Act, | ||||||
| 25 | (v) an offense under Section 401 of the Illinois
| ||||||
| 26 | Controlled Substances Act, (vi) an act that would be a | ||||||
| |||||||
| |||||||
| 1 | second or subsequent offense under Section 60 of the | ||||||
| 2 | Methamphetamine Control and Community Protection Act, | ||||||
| 3 | or (vii) an act that would be an offense under another | ||||||
| 4 | Section of the Methamphetamine Control and Community | ||||||
| 5 | Protection Act.
| ||||||
| 6 | (D) Pending or following any adjudication of delinquency | ||||||
| 7 | for
any offense defined
in Sections 11-1.20 through 11-1.60 or | ||||||
| 8 | 12-13 through 12-16 of the Criminal Code of 1961 or the | ||||||
| 9 | Criminal Code of 2012,
the victim of any such offense shall | ||||||
| 10 | receive the
rights set out in Sections 4 and 6 of the Bill of
| ||||||
| 11 | Rights for Victims and Witnesses of Violent Crime Act; and the
| ||||||
| 12 | juvenile who is the subject of the adjudication, | ||||||
| 13 | notwithstanding any other
provision of this Act, shall be | ||||||
| 14 | treated
as an adult for the purpose of affording such rights to | ||||||
| 15 | the victim.
| ||||||
| 16 | (E) Nothing in this Section shall affect the right of a | ||||||
| 17 | Civil Service
Commission or appointing authority of any state, | ||||||
| 18 | county or municipality
examining the character and fitness of
| ||||||
| 19 | an applicant for employment with a law enforcement
agency, | ||||||
| 20 | correctional institution, or fire department to
ascertain
| ||||||
| 21 | whether that applicant was ever adjudicated to be a delinquent | ||||||
| 22 | minor and,
if so, to examine the records of disposition or | ||||||
| 23 | evidence which were made in
proceedings under this Act.
| ||||||
| 24 | (F) Following any adjudication of delinquency for a crime | ||||||
| 25 | which would be
a felony if committed by an adult, or following | ||||||
| 26 | any adjudication of delinquency
for a violation of Section | ||||||
| |||||||
| |||||||
| 1 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
| 2 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
| 3 | whether the minor respondent is enrolled in school and, if so, | ||||||
| 4 | shall provide
a copy of the dispositional order to the | ||||||
| 5 | principal or chief administrative
officer of the school. Access | ||||||
| 6 | to such juvenile records shall be limited
to the principal or | ||||||
| 7 | chief administrative officer of the school and any guidance
| ||||||
| 8 | counselor designated by him.
| ||||||
| 9 | (G) Nothing contained in this Act prevents the sharing or
| ||||||
| 10 | disclosure of information or records relating or pertaining to | ||||||
| 11 | juveniles
subject to the provisions of the Serious Habitual | ||||||
| 12 | Offender Comprehensive
Action Program when that information is | ||||||
| 13 | used to assist in the early
identification and treatment of | ||||||
| 14 | habitual juvenile offenders.
| ||||||
| 15 | (H) When a Court hearing a proceeding under Article II of | ||||||
| 16 | this Act becomes
aware that an earlier proceeding under Article | ||||||
| 17 | II had been heard in a different
county, that Court shall | ||||||
| 18 | request, and the Court in which the earlier
proceedings were | ||||||
| 19 | initiated shall transmit, an authenticated copy of the Court
| ||||||
| 20 | record, including all documents, petitions, and orders filed | ||||||
| 21 | therein and the
minute orders, transcript of proceedings, and | ||||||
| 22 | docket entries of the Court.
| ||||||
| 23 | (I) The Clerk of the Circuit Court shall report to the | ||||||
| 24 | Department of
State
Police, in the form and manner required by | ||||||
| 25 | the Department of State Police, the
final disposition of each | ||||||
| 26 | minor who has been arrested or taken into custody
before his or | ||||||
| |||||||
| |||||||
| 1 | her 18th birthday for those offenses required to be reported
| ||||||
| 2 | under Section 5 of the Criminal Identification Act. Information | ||||||
| 3 | reported to
the Department under this Section may be maintained | ||||||
| 4 | with records that the
Department files under Section 2.1 of the | ||||||
| 5 | Criminal Identification Act.
| ||||||
| 6 | (J) The changes made to this Section by Public Act 98-61 | ||||||
| 7 | apply to law enforcement records of a minor who has been | ||||||
| 8 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
| 9 | effective date of Public Act 98-61). | ||||||
| 10 | (K) Any person found to be in violation of this Section is | ||||||
| 11 | guilty of a Class B misdemeanor and subject to a fine of $1,000 | ||||||
| 12 | per violation. This subsection (K) shall not apply to the | ||||||
| 13 | person who is the subject of the record. | ||||||
| 14 | (L) A person convicted of violating this Section is liable | ||||||
| 15 | for damages in the amount of $1,000 or actual damages, | ||||||
| 16 | whichever is greater. | ||||||
| 17 | (Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; | ||||||
| 18 | 98-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff. | ||||||
| 19 | 7-16-14.)
| ||||||
| 20 | (705 ILCS 405/5-915)
| ||||||
| 21 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
| 22 | court records.
| ||||||
| 23 | (0.05) For purposes of this Section and Section 5-622: | ||||||
| 24 | "Dissemination" or "disseminate" means to publish, | ||||||
| 25 | produce, print, manufacture, distribute, sell, lease, | ||||||
| |||||||
| |||||||
| 1 | exhibit, broadcast, display, transmit, or otherwise share | ||||||
| 2 | information in any format so as to make the information | ||||||
| 3 | accessible to others. | ||||||
| 4 | "Expunge" means to physically destroy the records and | ||||||
| 5 | to obliterate the minor's name and juvenile court records | ||||||
| 6 | from any official index, or public record, or electronic | ||||||
| 7 | database both. No evidence of the juvenile court records | ||||||
| 8 | may be retained by any law enforcement agency, the juvenile | ||||||
| 9 | court, or by any municipal, county, or State agency or | ||||||
| 10 | department. Nothing in this Act shall require the physical | ||||||
| 11 | destruction of the internal office records, files, or | ||||||
| 12 | databases maintained by a State's Attorney's Office or | ||||||
| 13 | other prosecutor. | ||||||
| 14 | "Juvenile court record" includes, but is not limited | ||||||
| 15 | to: | ||||||
| 16 | (a) all documents filed in or maintained by the | ||||||
| 17 | juvenile court pertaining to a specific incident, | ||||||
| 18 | proceeding, or individual; | ||||||
| 19 | (b) all documents relating to a specific incident, | ||||||
| 20 | proceeding, or individual made available to or maintained | ||||||
| 21 | by probation officers, social workers, or other | ||||||
| 22 | individuals assigned by the court to conduct a | ||||||
| 23 | pre-adjudication or predisposition investigation, or by | ||||||
| 24 | individuals responsible for supervising or providing | ||||||
| 25 | temporary or permanent care and custody for minors pursuant | ||||||
| 26 | to the order of the juvenile court; | ||||||
| |||||||
| |||||||
| 1 | (c) all documents, video or audio tapes, | ||||||
| 2 | photographs, and exhibits admitted into evidence at | ||||||
| 3 | juvenile court hearings; or | ||||||
| 4 | (d) all documents, transcripts, records, reports | ||||||
| 5 | or other evidence prepared by, maintained by, or released | ||||||
| 6 | by any municipal, county, or state agency or department, in | ||||||
| 7 | any format, if indicating involvement with the juvenile | ||||||
| 8 | court relating to a specific incident, proceeding, or | ||||||
| 9 | individual. | ||||||
| 10 | "Law enforcement record" includes but is not limited to | ||||||
| 11 | records of arrest, station adjustments, fingerprints, | ||||||
| 12 | probation adjustments, the issuance of a notice to appear, | ||||||
| 13 | or any other records or documents maintained by any a law | ||||||
| 14 | enforcement agency relating to a minor suspected of | ||||||
| 15 | committing an offense or evidence of interaction with law | ||||||
| 16 | enforcement. | ||||||
| 17 | (0.1) (a) The Department of State Police and all law | ||||||
| 18 | enforcement agencies within the State shall automatically | ||||||
| 19 | expunge, on or before January 1 of each year, all law | ||||||
| 20 | enforcement records relating to events occurring before an | ||||||
| 21 | individual's 18th birthday if: | ||||||
| 22 | (1) one year or more has elapsed since the date of the | ||||||
| 23 | arrest or law enforcement interaction documented in the | ||||||
| 24 | records; | ||||||
| 25 | (2) no petition for delinquency or criminal charges | ||||||
| 26 | were filed with the clerk of the circuit court relating to | ||||||
| |||||||
| |||||||
| 1 | the arrest or law enforcement interaction documented in the | ||||||
| 2 | records; and | ||||||
| 3 | (3) 6 months have elapsed without an additional | ||||||
| 4 | subsequent arrest or filing of a petition for delinquency | ||||||
| 5 | or criminal charges whether related or not to the arrest or | ||||||
| 6 | law enforcement interaction documented in the records. | ||||||
| 7 | (b) If the individual is unable to satisfy conditions (2) | ||||||
| 8 | and (3) of this subsection (0.1), records that satisfy | ||||||
| 9 | condition (1) of this subsection (0.1) shall be automatically | ||||||
| 10 | expunged if the records relate to an offense that if committed | ||||||
| 11 | by an adult would not be an offense classified as Class 2 | ||||||
| 12 | felony or higher, an offense under Article 11 of the Criminal | ||||||
| 13 | Code of 1961 or Criminal Code of 2012, or an offense under | ||||||
| 14 | 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of | ||||||
| 15 | 1961. | ||||||
| 16 | (0.2) (a) Upon dismissal of a petition alleging delinquency | ||||||
| 17 | or upon a finding of not delinquent, the court shall order all | ||||||
| 18 | agencies named in the juvenile's court and probation files, | ||||||
| 19 | including each law enforcement agency, other municipal, | ||||||
| 20 | county, or State agencies who may have records of the | ||||||
| 21 | juvenile's adjudication, public or private correctional, | ||||||
| 22 | detention, treatment facilities, and each individual who | ||||||
| 23 | provided treatment or rehabilitation services for the juvenile | ||||||
| 24 | under an order of the court, to send that person's juvenile | ||||||
| 25 | records to the court within 5 business days. The court shall | ||||||
| 26 | then destroy the paper and electronic records and mail an | ||||||
| |||||||
| |||||||
| 1 | affidavit of expungement to the person. Each law enforcement | ||||||
| 2 | agency shall affirm in an affidavit of expungement to the court | ||||||
| 3 | that it destroyed all paper and electronic copies of the | ||||||
| 4 | expunged records, except as provided in subdivision (0.2)(b) of | ||||||
| 5 | this Section. | ||||||
| 6 | (b) If the chief law enforcement officer of the agency, or | ||||||
| 7 | his or her designee, certifies in writing that certain | ||||||
| 8 | information is needed for a pending investigation involving the | ||||||
| 9 | commission of a felony, that information, and information | ||||||
| 10 | identifying the juvenile, may be retained in an intelligence | ||||||
| 11 | file until the investigation is terminated or for one | ||||||
| 12 | additional year, whichever is sooner. Retention of a portion of | ||||||
| 13 | a juvenile's law enforcement record does not disqualify the | ||||||
| 14 | remainder of his or her record from immediate automatic | ||||||
| 15 | expungement. | ||||||
| 16 | (0.3) (a) Upon an adjudication of delinquency based on any | ||||||
| 17 | offense except first degree murder, the juvenile court shall | ||||||
| 18 | automatically order the expungement of the juvenile records 2 | ||||||
| 19 | years after the juvenile's case was closed if no delinquency or | ||||||
| 20 | criminal proceeding is pending and the person has had no | ||||||
| 21 | subsequent delinquency adjudication or criminal conviction. | ||||||
| 22 | This requires no application or action on the part of the | ||||||
| 23 | person. Upon receipt of the court order, all agencies named in | ||||||
| 24 | the juvenile's court and probation files, including each law | ||||||
| 25 | enforcement agency, other municipal, county or state agencies | ||||||
| 26 | who may have records of the juvenile's adjudication, public or | ||||||
| |||||||
| |||||||
| 1 | private correctional, detention, and treatment facilities and | ||||||
| 2 | each individual who provided treatment or rehabilitation | ||||||
| 3 | services for the juvenile under an order of the court, to send | ||||||
| 4 | that person's juvenile records to the court within 5 business | ||||||
| 5 | days. The court shall then destroy the paper and electronic | ||||||
| 6 | records and mail an affidavit of expungement to the person. | ||||||
| 7 | Additionally, each law enforcement agency shall also affirm in | ||||||
| 8 | an affidavit of expungement to the court that it destroyed all | ||||||
| 9 | paper and electronic copies of the expunged records, except as | ||||||
| 10 | provided in subdivision (0.3)(b). | ||||||
| 11 | (b) If the chief law enforcement officer of the agency, or | ||||||
| 12 | his or her designee, certifies in writing that certain | ||||||
| 13 | information is needed for a pending investigation involving the | ||||||
| 14 | commission of a felony, that information, and information | ||||||
| 15 | identifying the juvenile, may be retained in an intelligence | ||||||
| 16 | file until the investigation is terminated or for one | ||||||
| 17 | additional year, whichever is sooner. Retention of a portion of | ||||||
| 18 | a juvenile's law enforcement record does not disqualify the | ||||||
| 19 | remainder of his or her record from immediate automatic | ||||||
| 20 | expungement. | ||||||
| 21 | (1) Nothing in this subsection (1) precludes an eligible | ||||||
| 22 | minor from obtaining expungement under subsections (0.1), | ||||||
| 23 | (0.2), or (0.3). Whenever a person has been arrested, charged, | ||||||
| 24 | or adjudicated delinquent for an incident occurring before his | ||||||
| 25 | or her 18th birthday that if committed by an adult would be an | ||||||
| 26 | offense, and that person's records are not eligible for | ||||||
| |||||||
| |||||||
| 1 | automatic expungement under subsections (0.1), (0.2), or | ||||||
| 2 | (0.3), the
person may petition the court at any time for | ||||||
| 3 | expungement of law
enforcement records and juvenile court | ||||||
| 4 | records relating to the incident and upon termination of all | ||||||
| 5 | juvenile
court proceedings relating to that incident, the court | ||||||
| 6 | shall order the expungement of all records in the possession of | ||||||
| 7 | the Department of State Police, the clerk of the circuit court, | ||||||
| 8 | and law enforcement agencies relating to the incident, but only | ||||||
| 9 | in any of the following circumstances:
| ||||||
| 10 | (a) the minor was arrested and no petition for | ||||||
| 11 | delinquency was filed with
the clerk of the circuit court; | ||||||
| 12 | (a-5) the minor was charged with an offense and the | ||||||
| 13 | petition or petitions were dismissed without a finding of | ||||||
| 14 | delinquency;
| ||||||
| 15 | (b) the minor was charged with an offense and was found | ||||||
| 16 | not delinquent of
that offense;
| ||||||
| 17 | (c) the minor was placed under supervision pursuant to | ||||||
| 18 | Section 5-615, and
the order of
supervision has since been | ||||||
| 19 | successfully terminated; or
| ||||||
| 20 | (d)
the minor was adjudicated for an offense which | ||||||
| 21 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
| 22 | petty or business offense if committed by an adult.
| ||||||
| 23 | (1.5) (Blank). Commencing 180 days after the effective date | ||||||
| 24 | of this amendatory Act of the 98th General Assembly, the | ||||||
| 25 | Department of State Police shall automatically expunge, on or | ||||||
| 26 | before January 1 of each year, a person's law enforcement | ||||||
| |||||||
| |||||||
| 1 | records which are not subject to subsection (1) relating to | ||||||
| 2 | incidents occurring before his or her 18th birthday in the | ||||||
| 3 | Department's possession or control and which contains the final | ||||||
| 4 | disposition which pertain to the person when arrested as a | ||||||
| 5 | minor if:
| ||||||
| 6 | (a) the minor was arrested for an eligible offense and | ||||||
| 7 | no petition for delinquency was filed with the clerk of the | ||||||
| 8 | circuit court; and | ||||||
| 9 | (b) the person attained the age of 18 years during the | ||||||
| 10 | last calendar year; and | ||||||
| 11 | (c) since the date of the minor's most recent arrest, | ||||||
| 12 | at least 6 months have elapsed without an additional | ||||||
| 13 | arrest, filing of a petition for delinquency whether | ||||||
| 14 | related or not to a previous arrest, or filing of charges | ||||||
| 15 | not initiated by arrest. | ||||||
| 16 | The Department of State Police shall allow a person to use | ||||||
| 17 | the Access and Review process, established in the Department of | ||||||
| 18 | State Police, for verifying that his or her law enforcement | ||||||
| 19 | records relating to incidents occurring before his or her 18th | ||||||
| 20 | birthday eligible under this subsection have been expunged as | ||||||
| 21 | provided in subsection (0.1) of this Section this subsection. | ||||||
| 22 | The Department of State Police shall provide by rule the | ||||||
| 23 | process for access, review, and automatic expungement. | ||||||
| 24 | (1.6) (Blank). Commencing on the effective date of this | ||||||
| 25 | amendatory Act of the 98th General Assembly, a person whose law | ||||||
| 26 | enforcement records are not subject to subsection (1) or (1.5) | ||||||
| |||||||
| |||||||
| 1 | of this Section and who has attained the age of 18 years may | ||||||
| 2 | use the Access and Review process, established in the | ||||||
| 3 | Department of State Police, for verifying his or her law | ||||||
| 4 | enforcement records relating to incidents occurring before his | ||||||
| 5 | or her 18th birthday in the Department's possession or control | ||||||
| 6 | which pertain to the person when arrested as a minor, if the | ||||||
| 7 | incident occurred no earlier than 30 years before the effective | ||||||
| 8 | date of this amendatory Act of the 98th General Assembly. If | ||||||
| 9 | the person identifies a law enforcement record of an eligible | ||||||
| 10 | offense that meets the requirements of this subsection, | ||||||
| 11 | paragraphs (a) and (c) of subsection (1.5) of this Section, and | ||||||
| 12 | all juvenile court proceedings related to the person have been | ||||||
| 13 | terminated, the person may file a Request for Expungement of | ||||||
| 14 | Juvenile Law Enforcement Records, in the form and manner | ||||||
| 15 | prescribed by the Department of State Police, with the | ||||||
| 16 | Department and the Department shall consider expungement of the | ||||||
| 17 | record as otherwise provided for automatic expungement under | ||||||
| 18 | subsection (1.5) of this Section. The person shall provide | ||||||
| 19 | notice and a copy of the Request for Expungement of Juvenile | ||||||
| 20 | Law Enforcement Records to the arresting agency, prosecutor | ||||||
| 21 | charged with the prosecution of the minor, or the State's | ||||||
| 22 | Attorney of the county that prosecuted the minor. The | ||||||
| 23 | Department of State Police shall provide by rule the process | ||||||
| 24 | for access, review, and Request for Expungement of Juvenile Law | ||||||
| 25 | Enforcement Records. | ||||||
| 26 | (1.7) (Blank). Nothing in subsections (1.5) and (1.6) of | ||||||
| |||||||
| |||||||
| 1 | this Section precludes a person from filing a petition under | ||||||
| 2 | subsection (1) for expungement of records subject to automatic | ||||||
| 3 | expungement under that subsection (1) or subsection (1.5) or | ||||||
| 4 | (1.6) of this Section. | ||||||
| 5 | (1.8) (Blank). For the purposes of subsections (1.5) and | ||||||
| 6 | (1.6) of this Section, "eligible offense" means records | ||||||
| 7 | relating to an arrest or incident occurring before the person's | ||||||
| 8 | 18th birthday that if committed by an adult is not an offense | ||||||
| 9 | classified as a Class 2 felony or higher offense, an offense | ||||||
| 10 | under Article 11 of the Criminal Code of 1961 or the Criminal | ||||||
| 11 | Code of 2012, or an offense under Section 12-13, 12-14, | ||||||
| 12 | 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961. | ||||||
| 13 | (2) Any person whose delinquency adjudications are not | ||||||
| 14 | eligible for automatic expungement under subsections (0.1), | ||||||
| 15 | (0.2), or (0.3) may petition the court to expunge all law | ||||||
| 16 | enforcement records
relating to any
incidents occurring before | ||||||
| 17 | his or her 18th birthday which did not result in
proceedings in | ||||||
| 18 | criminal court and all juvenile court records with respect to
| ||||||
| 19 | any adjudications except those based upon first degree
murder: | ||||||
| 20 | and
sex offenses which would be felonies if committed by an | ||||||
| 21 | adult, if the person
for whom expungement is sought has had no
| ||||||
| 22 | convictions for any crime since his or her 18th birthday and:
| ||||||
| 23 | (a) (blank); or has attained the age of 21 years; or
| ||||||
| 24 | (b) 2 5 years have elapsed since all juvenile court | ||||||
| 25 | proceedings relating to
him or her have been terminated or | ||||||
| 26 | his or her commitment to the Department of
Juvenile Justice
| ||||||
| |||||||
| |||||||
| 1 | under pursuant to this Act has been terminated. ;
| ||||||
| 2 | whichever is later of (a) or (b). Nothing in this Section 5-915 | ||||||
| 3 | precludes a minor from obtaining expungement under Section | ||||||
| 4 | 5-622. | ||||||
| 5 | (2.5) If a minor is arrested and no petition for | ||||||
| 6 | delinquency is filed with the clerk of the circuit court as | ||||||
| 7 | provided in paragraph (a) of subsection (1) at the time the | ||||||
| 8 | minor is released from custody, the youth officer, if | ||||||
| 9 | applicable, or other designated person from the arresting | ||||||
| 10 | agency, shall notify verbally and in writing to the minor or | ||||||
| 11 | the minor's parents or guardians that the minor has a right to | ||||||
| 12 | petition to have his or her arrest record expunged when all | ||||||
| 13 | juvenile court proceedings relating to that minor have been | ||||||
| 14 | terminated and that unless a petition to expunge is filed, the | ||||||
| 15 | minor shall have an arrest record and shall provide the minor | ||||||
| 16 | and the minor's parents or guardians with an expungement | ||||||
| 17 | information packet, information regarding this State's | ||||||
| 18 | expungement laws including a petition to expunge juvenile | ||||||
| 19 | records obtained from the clerk of the circuit court. | ||||||
| 20 | (2.6) If a minor is referred to court charged with an | ||||||
| 21 | offense and is found not delinquent of that offense; or if a | ||||||
| 22 | minor is placed under supervision under Section 5-615, and the | ||||||
| 23 | order of supervision is successfully terminated; or if a minor | ||||||
| 24 | is adjudicated for an offense that would be a Class B | ||||||
| 25 | misdemeanor, a Class C misdemeanor, or a business or petty | ||||||
| 26 | offense if committed by an adult; or if a minor has incidents | ||||||
| |||||||
| |||||||
| 1 | occurring before his or her 18th birthday that have not | ||||||
| 2 | resulted in proceedings in criminal court, or resulted in | ||||||
| 3 | proceedings in juvenile court, and the adjudications were not | ||||||
| 4 | based upon first degree murder or sex offenses that would be | ||||||
| 5 | felonies if committed by an adult; then at the time of | ||||||
| 6 | sentencing or dismissal of the case, or successful completion | ||||||
| 7 | of supervision, the judge shall inform the delinquent minor of | ||||||
| 8 | his or her rights regarding expungement right to petition for | ||||||
| 9 | expungement as provided by law, and the clerk of the circuit | ||||||
| 10 | court shall provide an expungement information packet to the | ||||||
| 11 | delinquent minor, written in plain language, including | ||||||
| 12 | information regarding this State's expungement laws and a | ||||||
| 13 | petition for expungement, a sample of a completed petition, | ||||||
| 14 | expungement instructions that shall include information | ||||||
| 15 | informing the minor that (i) once the case is expunged, it | ||||||
| 16 | shall be treated as if it never occurred, (ii) he or she may | ||||||
| 17 | apply to have petition fees waived, (iii) once he or she | ||||||
| 18 | obtains an expungement, he or she may not be required to | ||||||
| 19 | disclose that he or she had a juvenile record, and (iv) if | ||||||
| 20 | petitioning he or she may file the petition on his or her own | ||||||
| 21 | or with the assistance of an attorney. The failure of the judge | ||||||
| 22 | to inform the delinquent minor of his or her right to petition | ||||||
| 23 | for expungement as provided by law does not create a | ||||||
| 24 | substantive right, nor is that failure grounds for: (i) a | ||||||
| 25 | reversal of an adjudication of delinquency, (ii) a new trial; | ||||||
| 26 | or (iii) an appeal. | ||||||
| |||||||
| |||||||
| 1 | (2.7) (Blank). For counties with a population over | ||||||
| 2 | 3,000,000, the clerk of the circuit court shall send a | ||||||
| 3 | "Notification of a Possible Right to Expungement" post card to | ||||||
| 4 | the minor at the address last received by the clerk of the | ||||||
| 5 | circuit court on the date that the minor attains the age of 18 | ||||||
| 6 | based on the birthdate provided to the court by the minor or | ||||||
| 7 | his or her guardian in cases under paragraphs (b), (c), and (d) | ||||||
| 8 | of subsection (1); and when the minor attains the age of 21 | ||||||
| 9 | based on the birthdate provided to the court by the minor or | ||||||
| 10 | his or her guardian in cases under subsection (2). | ||||||
| 11 | (2.8) The petition for expungement for subsection (1) and | ||||||
| 12 | (2) may include multiple offenses on the same petition and | ||||||
| 13 | shall be substantially in the following form: | ||||||
| 14 | IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||||||
| 15 | ........ JUDICIAL CIRCUIT
| ||||||
| 16 | IN THE INTEREST OF ) NO.
| ||||||
| 17 | )
| ||||||
| 18 | )
| ||||||
| 19 | ...................)
| ||||||
| 20 | (Name of Petitioner)
| ||||||
| 21 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
| 22 | (705 ILCS 405/5-915 (SUBSECTION 1 AND 2 )) | ||||||
| 23 | Now comes ............., petitioner, and respectfully requests
| ||||||
| 24 | that this Honorable Court enter an order expunging all juvenile | ||||||
| |||||||
| |||||||
| 1 | law enforcement and court records of petitioner and in support | ||||||
| 2 | thereof states that:
Petitioner has attained the age of ...., | ||||||
| 3 | his/her birth date being ......, or all
Juvenile Court | ||||||
| 4 | proceedings terminated as of ......, whichever occurred later.
| ||||||
| 5 | Petitioner was arrested on ..... by the ....... Police | ||||||
| 6 | Department for the offense or offenses of ......., and:
| ||||||
| 7 | (Check All That Apply:)
| ||||||
| 8 | ( ) a. no petition or petitions were filed with the Clerk of | ||||||
| 9 | the Circuit Court. | ||||||
| 10 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
| 11 | the offense or offenses. | ||||||
| 12 | ( ) c. a petition or petitions were filed and the petition or | ||||||
| 13 | petitions were dismissed without a finding of delinquency on | ||||||
| 14 | ..... | ||||||
| 15 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
| 16 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
| 17 | supervision successfully terminated on ........ | ||||||
| 18 | ( ) e. was adjudicated for the offense or offenses and 2 years | ||||||
| 19 | have passed since the adjudication , which would have been a | ||||||
| 20 | Class B misdemeanor, a Class C misdemeanor, or a petty offense | ||||||
| 21 | or business offense if committed by an adult.
| ||||||
| 22 | Petitioner .... has .... has not been arrested on charges in | ||||||
| 23 | this or any county other than the charges listed above. If | ||||||
| 24 | petitioner has been arrested on additional charges, please list | ||||||
| 25 | the charges below:
| ||||||
| 26 | Charge(s): ...... | ||||||
| |||||||
| |||||||
| 1 | Arresting Agency or Agencies: ........... | ||||||
| 2 | Disposition/Result: (choose from a. through e., above): .....
| ||||||
| 3 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
| 4 | Court to (1) order all law enforcement agencies to expunge all | ||||||
| 5 | records of petitioner to this incident or incidents, and (2) to | ||||||
| 6 | order the Clerk of the Court to expunge all records concerning | ||||||
| 7 | the petitioner regarding this incident or incidents.
| ||||||
| 8 | ......................
| ||||||
| 9 | Petitioner (Signature)
| ||||||
| 10 | ..........................
| ||||||
| 11 | Petitioner's Street Address | ||||||
| 12 | .....................
| ||||||
| 13 | City, State, Zip Code | ||||||
| 14 | ............................. | ||||||
| 15 | Petitioner's Telephone Number | ||||||
| 16 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
| 17 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
| 18 | statements in this petition are true and correct, or on | ||||||
| 19 | information and belief I believe the same to be true.
| ||||||
| 20 | ...................... | ||||||
| |||||||
| |||||||
| 1 | Petitioner (Signature)
| ||||||
| 2 | The Petition for Expungement for subsection (2) shall be | ||||||
| 3 | substantially in the following form: | ||||||
| 4 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
| 5 | ........ JUDICIAL CIRCUIT | ||||||
| 6 | IN THE INTEREST OF ) NO.
| ||||||
| 7 | )
| ||||||
| 8 | )
| ||||||
| 9 | ...................)
| ||||||
| 10 | (Name of Petitioner) | ||||||
| 11 | PETITION TO EXPUNGE JUVENILE RECORDS
| ||||||
| 12 | (705 ILCS 405/5-915 (SUBSECTION 2))
| ||||||
| 13 | (Please prepare a separate petition for each offense)
| ||||||
| 14 | Now comes ............, petitioner, and respectfully requests | ||||||
| 15 | that this Honorable Court enter an order expunging all Juvenile | ||||||
| 16 | Law Enforcement and Court records of petitioner and in support | ||||||
| 17 | thereof states that: | ||||||
| 18 | The incident for which the Petitioner seeks expungement | ||||||
| 19 | occurred before the Petitioner's 18th birthday and did not | ||||||
| 20 | result in proceedings in criminal court and the Petitioner has | ||||||
| 21 | not had any convictions for any crime since his/her 18th | ||||||
| 22 | birthday; and
| ||||||
| 23 | The incident for which the Petitioner seeks expungement | ||||||
| |||||||
| |||||||
| 1 | occurred before the Petitioner's 18th birthday and the | ||||||
| 2 | adjudication was not based upon first-degree murder or sex | ||||||
| 3 | offenses which would be felonies if committed by an adult, and | ||||||
| 4 | the Petitioner has not had any convictions for any crime since | ||||||
| 5 | his/her 18th birthday. | ||||||
| 6 | Petitioner was arrested on ...... by the ....... Police | ||||||
| 7 | Department for the offense of ........, and: | ||||||
| 8 | (Check whichever one occurred the latest:) | ||||||
| 9 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
| 10 | birthday being .......; or | ||||||
| 11 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
| 12 | proceedings relating to the Petitioner have been terminated; or | ||||||
| 13 | the Petitioner's commitment to the Department of Juvenile | ||||||
| 14 | Justice
pursuant to the expungement of juvenile law enforcement | ||||||
| 15 | and court records provisions of the Juvenile Court Act of 1987 | ||||||
| 16 | has been terminated.
Petitioner ...has ...has not been arrested | ||||||
| 17 | on charges in this or any other county other than the charge | ||||||
| 18 | listed above. If petitioner has been arrested on additional | ||||||
| 19 | charges, please list the charges below: | ||||||
| 20 | Charge(s): .......... | ||||||
| 21 | Arresting Agency or Agencies: ....... | ||||||
| 22 | Disposition/Result: (choose from a or b, above): .......... | ||||||
| 23 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
| 24 | Court to (1) order all law enforcement agencies to expunge all | ||||||
| 25 | records of petitioner related to this incident, and (2) to | ||||||
| 26 | order the Clerk of the Court to expunge all records concerning | ||||||
| |||||||
| |||||||
| 1 | the petitioner regarding this incident. | ||||||
| 2 | .......................
| ||||||
| 3 | Petitioner (Signature) | ||||||
| 4 | ...................... | ||||||
| 5 | Petitioner's Street Address
| ||||||
| 6 | ..................... | ||||||
| 7 | City, State, Zip Code | ||||||
| 8 | ............................. | ||||||
| 9 | Petitioner's Telephone Number
| ||||||
| 10 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
| 11 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
| 12 | statements in this petition are true and correct, or on | ||||||
| 13 | information and belief I believe the same to be true. | ||||||
| 14 | ...................... | ||||||
| 15 | Petitioner (Signature)
| ||||||
| 16 | (3) The chief judge of the circuit in which an arrest was | ||||||
| 17 | made or a charge
was brought or any
judge of that circuit | ||||||
| 18 | designated by the chief judge
may, upon verified petition
of a | ||||||
| 19 | person who is the subject of an arrest or a juvenile court | ||||||
| 20 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
| 21 | the law enforcement
records or official court file, or both, to | ||||||
| 22 | be expunged from the official
records of the arresting | ||||||
| |||||||
| |||||||
| 1 | authority, the clerk of the circuit court and the
Department of | ||||||
| 2 | State Police. The person whose records are to be expunged shall | ||||||
| 3 | petition the court using the appropriate form containing his or | ||||||
| 4 | her current address and shall promptly notify the clerk of the | ||||||
| 5 | circuit court of any change of address. Notice
of the petition | ||||||
| 6 | shall be served upon the State's Attorney or prosecutor charged | ||||||
| 7 | with the duty of prosecuting the offense, the Department of | ||||||
| 8 | State Police, and the arresting agency or agencies by the clerk | ||||||
| 9 | of the circuit court. If an objection is filed within 45
days | ||||||
| 10 | of the notice of the petition, the clerk of the circuit court | ||||||
| 11 | shall set a date for hearing after the 45-day 45
day objection | ||||||
| 12 | period. At the hearing the court shall hear evidence on whether | ||||||
| 13 | the expungement should or should not be granted. Unless the | ||||||
| 14 | State's Attorney or prosecutor, the Department of State Police, | ||||||
| 15 | or an arresting agency objects to the expungement within 45
| ||||||
| 16 | days of the notice, the court may enter an order granting | ||||||
| 17 | expungement. The clerk shall forward a certified copy of the | ||||||
| 18 | order to the Department of State Police and deliver a certified | ||||||
| 19 | copy of the order to the arresting agency.
| ||||||
| 20 | (3.1) The Notice of Expungement shall be in substantially | ||||||
| 21 | the following form: | ||||||
| 22 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| 23 | .... JUDICIAL CIRCUIT
| ||||||
| 24 | IN THE INTEREST OF ) NO.
| ||||||
| 25 | )
| ||||||
| |||||||
| |||||||
| 1 | )
| ||||||
| 2 | ...................)
| ||||||
| 3 | (Name of Petitioner)
| ||||||
| 4 | NOTICE
| ||||||
| 5 | TO: State's Attorney
| ||||||
| 6 | TO: Arresting Agency
| ||||||
| 7 |
| ||||||
| 8 | ................
| ||||||
| 9 | ................
| ||||||
| 10 |
| ||||||
| 11 | ................
| ||||||
| 12 | ................
| ||||||
| 13 | TO: Illinois State Police
| ||||||
| 14 |
| ||||||
| 15 | .....................
| ||||||
| 16 |
| ||||||
| 17 | .....................
| ||||||
| 18 | ATTENTION: Expungement
| ||||||
| 19 | You are hereby notified that on ....., at ....., in courtroom | ||||||
| 20 | ..., located at ..., before the Honorable ..., Judge, or any | ||||||
| 21 | judge sitting in his/her stead, I shall then and there present | ||||||
| 22 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
| 23 | matter, at which time and place you may appear. | ||||||
| 24 | ...................... | ||||||
| 25 | Petitioner's Signature | ||||||
| |||||||
| |||||||
| 1 | ...........................
| ||||||
| 2 | Petitioner's Street Address | ||||||
| 3 | .....................
| ||||||
| 4 | City, State, Zip Code | ||||||
| 5 | ............................. | ||||||
| 6 | Petitioner's Telephone Number | ||||||
| 7 | PROOF OF SERVICE
| ||||||
| 8 | On the ....... day of ......, 20..., I on oath state that I | ||||||
| 9 | served this notice and true and correct copies of the | ||||||
| 10 | above-checked documents by: | ||||||
| 11 | (Check One:) | ||||||
| 12 | delivering copies personally to each entity to whom they are | ||||||
| 13 | directed; | ||||||
| 14 | or | ||||||
| 15 | by mailing copies to each entity to whom they are directed by | ||||||
| 16 | depositing the same in the U.S. Mail, proper postage fully | ||||||
| 17 | prepaid, before the hour of 5:00 p.m., at the United States | ||||||
| 18 | Postal Depository located at ................. | ||||||
| 19 | .........................................
| ||||||
| 20 |
| ||||||
| 21 | Signature | ||||||
| 22 | Clerk of the Circuit Court or Deputy Clerk | ||||||
| 23 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
| 24 | Address: ........................................ | ||||||
| 25 | Telephone Number: ............................... | ||||||
| 26 | (3.2) The Order of Expungement shall be in substantially | ||||||
| |||||||
| |||||||
| 1 | the following form: | ||||||
| 2 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| 3 | .... JUDICIAL CIRCUIT
| ||||||
| 4 | IN THE INTEREST OF ) NO.
| ||||||
| 5 | )
| ||||||
| 6 | )
| ||||||
| 7 | ...................)
| ||||||
| 8 | (Name of Petitioner)
| ||||||
| 9 | DOB ................ | ||||||
| 10 | Arresting Agency/Agencies ...... | ||||||
| 11 | ORDER OF EXPUNGEMENT
| ||||||
| 12 | (705 ILCS 405/5-915 (SUBSECTION 3))
| ||||||
| 13 | This matter having been heard on the petitioner's motion and | ||||||
| 14 | the court being fully advised in the premises does find that | ||||||
| 15 | the petitioner is indigent or has presented reasonable cause to | ||||||
| 16 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
| 17 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
| 18 | are hereby waived in this matter. | ||||||
| 19 | ( ) 2. The Illinois State Police Bureau of Identification | ||||||
| 20 | and the following law enforcement agencies expunge all records | ||||||
| 21 | of petitioner relating to an arrest dated ...... for the | ||||||
| 22 | offense of ...... | ||||||
| 23 | Law Enforcement Agencies:
| ||||||
| 24 | .........................
| ||||||
| |||||||
| |||||||
| 1 | .........................
| ||||||
| 2 | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||||||
| 3 | Court expunge all records regarding the above-captioned case. | ||||||
| 4 | ENTER: ......................
| ||||||
| 5 |
| ||||||
| 6 | JUDGE | ||||||
| 7 | DATED: ....... | ||||||
| 8 | Name:
| ||||||
| 9 | Attorney for:
| ||||||
| 10 | Address:
City/State/Zip:
| ||||||
| 11 | Attorney Number: | ||||||
| 12 | (3.3) The Notice of Objection shall be in substantially the | ||||||
| 13 | following form: | ||||||
| 14 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| 15 | ....................... JUDICIAL CIRCUIT
| ||||||
| 16 | IN THE INTEREST OF ) NO.
| ||||||
| 17 | )
| ||||||
| 18 | )
| ||||||
| 19 | ...................)
| ||||||
| 20 | (Name of Petitioner)
| ||||||
| 21 | NOTICE OF OBJECTION
| ||||||
| 22 | TO:(Attorney, Public Defender, Minor)
| ||||||
| 23 | .................................
| ||||||
| 24 | .................................
| ||||||
| |||||||
| |||||||
| 1 | TO:(Illinois State Police)
| ||||||
| 2 | .................................
| ||||||
| 3 | ................................. | ||||||
| 4 | TO:(Clerk of the Court)
| ||||||
| 5 | .................................
| ||||||
| 6 | .................................
| ||||||
| 7 | TO:(Judge)
| ||||||
| 8 | .................................
| ||||||
| 9 | .................................
| ||||||
| 10 | TO:(Arresting Agency/Agencies)
| ||||||
| 11 | .................................
| ||||||
| 12 | ................................. | ||||||
| 13 | ATTENTION:
You are hereby notified that an objection has been | ||||||
| 14 | filed by the following entity regarding the above-named minor's | ||||||
| 15 | petition for expungement of juvenile records: | ||||||
| 16 | ( ) State's Attorney's Office;
| ||||||
| 17 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
| 18 | with the duty of prosecuting the offense sought to be expunged;
| ||||||
| 19 | ( ) Department of Illinois State Police; or
| ||||||
| 20 | ( ) Arresting Agency or Agencies.
| ||||||
| 21 | The agency checked above respectfully requests that this case | ||||||
| 22 | be continued and set for hearing on whether the expungement | ||||||
| 23 | should or should not be granted.
| ||||||
| 24 | DATED: ....... | ||||||
| 25 | Name: | ||||||
| 26 | Attorney For:
| ||||||
| |||||||
| |||||||
| 1 | Address: | ||||||
| 2 | City/State/Zip:
| ||||||
| 3 | Telephone:
| ||||||
| 4 | Attorney No.:
| ||||||
| 5 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| ||||||
| 6 | This matter has been set for hearing on the foregoing | ||||||
| 7 | objection, on ...... in room ...., located at ....., before the | ||||||
| 8 | Honorable ....., Judge, or any judge sitting in his/her stead.
| ||||||
| 9 | (Only one hearing shall be set, regardless of the number of | ||||||
| 10 | Notices of Objection received on the same case).
| ||||||
| 11 | A copy of this completed Notice of Objection containing the | ||||||
| 12 | court date, time, and location, has been sent via regular U.S. | ||||||
| 13 | Mail to the following entities. (If more than one Notice of | ||||||
| 14 | Objection is received on the same case, each one must be | ||||||
| 15 | completed with the court date, time and location and mailed to | ||||||
| 16 | the following entities):
| ||||||
| 17 | ( ) Attorney, Public Defender or Minor;
| ||||||
| 18 | ( ) State's Attorney's Office; | ||||||
| 19 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
| 20 | with the duty of prosecuting the offense sought to be expunged; | ||||||
| 21 | ( ) Department of Illinois State Police; and | ||||||
| 22 | ( ) Arresting agency or agencies.
| ||||||
| 23 | Date: ...... | ||||||
| 24 | Initials of Clerk completing this section: .....
| ||||||
| 25 | (4)(a) Upon entry of an order expunging records or files, | ||||||
| 26 | the offense, which
the records or files concern shall be | ||||||
| |||||||
| |||||||
| 1 | treated as if it never occurred. Law
enforcement officers and | ||||||
| 2 | other public offices and agencies shall properly reply
on | ||||||
| 3 | inquiry that no record or file exists with respect to the
| ||||||
| 4 | person.
| ||||||
| 5 | (a-5) The Department of State Police and local arresting | ||||||
| 6 | agency shall send written notice to the minor of the | ||||||
| 7 | expungement of any records within 60 days of automatic | ||||||
| 8 | expungement or the date of service of an expungement order, | ||||||
| 9 | whichever applies. If a minor's court file has been expunged, | ||||||
| 10 | the clerk of the circuit court shall send written notice to the | ||||||
| 11 | minor of the expungement of any records within 60 days of | ||||||
| 12 | automatic expungement or the date of service of an expungement | ||||||
| 13 | order, whichever applies. | ||||||
| 14 | (b) Except with respect to authorized military personnel, | ||||||
| 15 | an expunged juvenile record may not be considered by any | ||||||
| 16 | private or public entity in employment matters, certification, | ||||||
| 17 | licensing, revocation of certification or licensure, or | ||||||
| 18 | registration. Applications for employment within the State | ||||||
| 19 | must contain specific language that states that the applicant | ||||||
| 20 | is not obligated to disclose expunged juvenile records of | ||||||
| 21 | adjudication or arrest. Employers may not ask, in any format or | ||||||
| 22 | context, if an applicant has had a juvenile record expunged. | ||||||
| 23 | Information about an expunged record obtained by a potential | ||||||
| 24 | employer, even inadvertently, from an employment application | ||||||
| 25 | that does not contain specific language that states that the | ||||||
| 26 | applicant is not obligated to disclose expunged juvenile | ||||||
| |||||||
| |||||||
| 1 | records of adjudication or arrest, shall be treated as | ||||||
| 2 | dissemination of an expunged record by the employer. | ||||||
| 3 | (c) A person whose juvenile records have been expunged is | ||||||
| 4 | not entitled to remission of any fines, costs, or other money | ||||||
| 5 | paid as a consequence of expungement. | ||||||
| 6 | (5) (Blank). Records which have not been expunged are | ||||||
| 7 | sealed, and may be obtained
only under the provisions of | ||||||
| 8 | Sections 5-901, 5-905 and 5-915.
| ||||||
| 9 | (5.5) (a) Whether or not expunged, records eligible for | ||||||
| 10 | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||||||
| 11 | (0.3)(a) may be treated as expunged by the individual subject | ||||||
| 12 | to the records. | ||||||
| 13 | (b) Whether or not expunged, dissemination by any law | ||||||
| 14 | enforcement officer or agency, an official of the juvenile | ||||||
| 15 | court, any municipal, county or State agency or department | ||||||
| 16 | subject to an order of expungement or any individual employed | ||||||
| 17 | by an agency or department of any information contained in | ||||||
| 18 | records eligible for automatic expungement under subdivision | ||||||
| 19 | (0.1)(a), (0.2)(a), or (0.3)(a) shall be treated as | ||||||
| 20 | dissemination of expunged records. | ||||||
| 21 | (6) Nothing in this Section shall be construed to prohibit | ||||||
| 22 | the maintenance
of information relating to an offense after | ||||||
| 23 | records or files concerning the
offense have been expunged if | ||||||
| 24 | the information is kept in a manner that does not
enable | ||||||
| 25 | identification of the individual offender. This information | ||||||
| 26 | may only be used for anonymous
statistical and bona fide | ||||||
| |||||||
| |||||||
| 1 | research purposes. | ||||||
| 2 | (6.5) (Blank). The Department of State Police or any | ||||||
| 3 | employee of the Department shall be immune from civil or | ||||||
| 4 | criminal liability for failure to expunge any records of arrest | ||||||
| 5 | that are subject to expungement under subsection (1.5) or (1.6) | ||||||
| 6 | of this Section because of inability to verify a record. | ||||||
| 7 | Nothing in subsection (1.5) or (1.6) of this Section shall | ||||||
| 8 | create Department of State Police liability or responsibility | ||||||
| 9 | for the expungement of law enforcement records it does not | ||||||
| 10 | possess. | ||||||
| 11 | (7)(a) The State Appellate Defender shall establish, | ||||||
| 12 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
| 13 | expungement program
to provide information and assistance to | ||||||
| 14 | minors eligible to have their juvenile records expunged.
| ||||||
| 15 | (b) The State Appellate Defender shall develop brochures, | ||||||
| 16 | pamphlets, and
other
materials in
printed form and through the | ||||||
| 17 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
| 18 | shall
include at a minimum the following information:
| ||||||
| 19 | (i) An explanation of the State's juvenile expungement | ||||||
| 20 | laws, including both automatic expungement and expungement | ||||||
| 21 | by petition process; | ||||||
| 22 | (ii) The circumstances under which juvenile | ||||||
| 23 | expungement may occur; | ||||||
| 24 | (iii) The juvenile offenses that may be expunged; | ||||||
| 25 | (iv) The steps necessary to initiate and complete the | ||||||
| 26 | juvenile expungement process;
and | ||||||
| |||||||
| |||||||
| 1 | (v) Directions on how to contact the State Appellate | ||||||
| 2 | Defender. | ||||||
| 3 | (c) The State Appellate Defender shall establish and | ||||||
| 4 | maintain a statewide
toll-free telephone
number that a person | ||||||
| 5 | may use to receive information or assistance concerning
the | ||||||
| 6 | expungement of juvenile records. The State Appellate
Defender | ||||||
| 7 | shall advertise
the toll-free telephone number statewide. The | ||||||
| 8 | State Appellate Defender shall
develop an expungement
| ||||||
| 9 | information packet that may be sent to eligible persons seeking | ||||||
| 10 | expungement of
their juvenile records,
which may include, but | ||||||
| 11 | is not limited to, a pre-printed expungement petition
with | ||||||
| 12 | instructions on how
to complete the petition and a pamphlet | ||||||
| 13 | containing information that would
assist individuals through
| ||||||
| 14 | the juvenile expungement process. | ||||||
| 15 | (d) The State Appellate Defender shall compile a statewide | ||||||
| 16 | list of volunteer
attorneys willing
to assist eligible | ||||||
| 17 | individuals through the juvenile expungement process. | ||||||
| 18 | (e) This Section shall be implemented from funds | ||||||
| 19 | appropriated by the General
Assembly to the State
Appellate | ||||||
| 20 | Defender
for this purpose. The State Appellate Defender shall | ||||||
| 21 | employ the necessary staff
and adopt the
necessary rules for | ||||||
| 22 | implementation of this Section. | ||||||
| 23 | (7.5) (a) Dissemination of any information contained in an | ||||||
| 24 | expunged record shall be treated as a Class B Misdemeanor and | ||||||
| 25 | punishable by a fine of $1,000. Dissemination by an employee of | ||||||
| 26 | any municipal, county, or State agency, including law | ||||||
| |||||||
| |||||||
| 1 | enforcement, shall be grounds for unpaid suspension upon the | ||||||
| 2 | first offense, and dismissal upon any subsequent offense. | ||||||
| 3 | (b) Dissemination for financial gain of any information | ||||||
| 4 | contained in an expunged record shall be treated as a Class 4 | ||||||
| 5 | felony. Dissemination for financial gain by an employee of any | ||||||
| 6 | municipal, county, or State agency, including law enforcement, | ||||||
| 7 | shall result in immediate termination. | ||||||
| 8 | (c) The person whose record was expunged has a right of | ||||||
| 9 | action against any person who intentionally disseminates an | ||||||
| 10 | expunged record. In the proceeding, punitive damages up to an | ||||||
| 11 | amount of $1,000 may be sought in addition to any actual | ||||||
| 12 | damages. The prevailing party shall be entitled to costs and | ||||||
| 13 | reasonable attorney fees. | ||||||
| 14 | (d) The punishments for dissemination of an expunged record | ||||||
| 15 | shall never apply to the person whose record was expunged. | ||||||
| 16 | (8)(a) An Except with respect to law enforcement agencies, | ||||||
| 17 | the Department of Corrections, State's Attorneys, or other | ||||||
| 18 | prosecutors, an expunged juvenile record may not be considered | ||||||
| 19 | by any private or public entity in employment matters, | ||||||
| 20 | certification, licensing, revocation of certification or | ||||||
| 21 | licensure, or registration. Applications for employment must | ||||||
| 22 | contain specific language that states that the applicant is not | ||||||
| 23 | obligated to disclose expunged juvenile records of | ||||||
| 24 | adjudication, conviction, or arrest. Employers may not ask if | ||||||
| 25 | an applicant has had a juvenile record expunged. Effective | ||||||
| 26 | January 1, 2005, the Department of Labor shall develop a link | ||||||
| |||||||
| |||||||
| 1 | on the Department's website to inform employers that employers | ||||||
| 2 | may not ask if an applicant had a juvenile record expunged and | ||||||
| 3 | that application for employment must contain specific language | ||||||
| 4 | that states that the applicant is not obligated to disclose | ||||||
| 5 | expunged juvenile records of adjudication, arrest, or | ||||||
| 6 | conviction. | ||||||
| 7 | (b) A person whose juvenile records have been expunged is | ||||||
| 8 | not entitled to remission of any fines, costs, or other money | ||||||
| 9 | paid as a consequence of expungement. This amendatory Act of | ||||||
| 10 | the 93rd General Assembly does not affect the right of the | ||||||
| 11 | victim of a crime to prosecute or defend a civil action for | ||||||
| 12 | damages.
| ||||||
| 13 | (c) The expungement of juvenile records under Section 5-622 | ||||||
| 14 | shall be funded by the additional fine imposed under Section | ||||||
| 15 | 5-9-1.17 of the Unified Code of Corrections and additional | ||||||
| 16 | appropriations made by the General Assembly for such purpose. | ||||||
| 17 | (9) (Blank). The changes made to this Section by Public Act | ||||||
| 18 | 98-61 apply to law enforcement records of a minor who has been | ||||||
| 19 | arrested or taken into custody on or after January 1, 2014 (the | ||||||
| 20 | effective date of Public Act 98-61). | ||||||
| 21 | (10) (Blank). The changes made in subsection (1.5) of this | ||||||
| 22 | Section by this amendatory Act of the 98th General Assembly | ||||||
| 23 | apply to law enforcement records of a minor who has been | ||||||
| 24 | arrested or taken into custody on or after January 1, 2015. The | ||||||
| 25 | changes made in subsection (1.6) of this Section by this | ||||||
| 26 | amendatory Act of the 98th General Assembly apply to law | ||||||
| |||||||
| |||||||
| 1 | enforcement records of a minor who has been arrested or taken | ||||||
| 2 | into custody before January 1, 2015. | ||||||
| 3 | (Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756, | ||||||
| 4 | eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised | ||||||
| 5 | 9-2-16.)
| ||||||
| 6 | (705 ILCS 405/5-622 rep.) | ||||||
| 7 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
| 8 | repealing Section 5-622".
| ||||||