Bill Text: IL HB3817 | 2017-2018 | 100th General Assembly | Enrolled


Bill Title: Amends the Juvenile Court Act of 1987. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 49-2)

Status: (Enrolled) 2017-06-29 - Sent to the Governor [HB3817 Detail]

Download: Illinois-2017-HB3817-Enrolled.html



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1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Juvenile Court Act of 1987 is amended by
5changing Sections 1-7, 1-8, and 5-915 as follows:
6 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
7 Sec. 1-7. Confidentiality of law enforcement and municipal
8ordinance violation records.
9 (A) All juvenile records which have not been expunged are
10sealed and may never be disclosed to the general public or
11otherwise made widely available. Sealed records may be obtained
12only under this Section and Section 1-8 and 5-915 of this Act,
13when their use is needed for good cause and with an order from
14the juvenile court, as required by those not authorized to
15retain them. Inspection and copying of law enforcement records
16maintained by law enforcement agencies or records of municipal
17ordinance violations maintained by any State, local, or
18municipal agency that relate to a minor who has been
19investigated, arrested, or taken into custody before his or her
2018th birthday shall be restricted to the following:
21 (1) Any local, State or federal law enforcement
22 officers of any jurisdiction or agency when necessary for
23 the discharge of their official duties during the

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1 investigation or prosecution of a crime or relating to a
2 minor who has been adjudicated delinquent and there has
3 been a previous finding that the act which constitutes the
4 previous offense was committed in furtherance of criminal
5 activities by a criminal street gang, or, when necessary
6 for the discharge of its official duties in connection with
7 a particular investigation of the conduct of a law
8 enforcement officer, an independent agency or its staff
9 created by ordinance and charged by a unit of local
10 government with the duty of investigating the conduct of
11 law enforcement officers. For purposes of this Section,
12 "criminal street gang" has the meaning ascribed to it in
13 Section 10 of the Illinois Streetgang Terrorism Omnibus
14 Prevention Act.
15 (2) Prosecutors, probation officers, social workers,
16 or other individuals assigned by the court to conduct a
17 pre-adjudication or pre-disposition investigation, and
18 individuals responsible for supervising or providing
19 temporary or permanent care and custody for minors pursuant
20 to the order of the juvenile court, when essential to
21 performing their responsibilities.
22 (3) Prosecutors and probation officers:
23 (a) in the course of a trial when institution of
24 criminal proceedings has been permitted or required
25 under Section 5-805; or
26 (b) when institution of criminal proceedings has

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1 been permitted or required under Section 5-805 and such
2 minor is the subject of a proceeding to determine the
3 amount of bail; or
4 (c) when criminal proceedings have been permitted
5 or required under Section 5-805 and such minor is the
6 subject of a pre-trial investigation, pre-sentence
7 investigation, fitness hearing, or proceedings on an
8 application for probation.
9 (4) Adult and Juvenile Prisoner Review Board.
10 (5) Authorized military personnel.
11 (6) Persons engaged in bona fide research, with the
12 permission of the Presiding Judge of the Juvenile Court and
13 the chief executive of the respective law enforcement
14 agency; provided that publication of such research results
15 in no disclosure of a minor's identity and protects the
16 confidentiality of the minor's record.
17 (7) Department of Children and Family Services child
18 protection investigators acting in their official
19 capacity.
20 (8) The appropriate school official only if the agency
21 or officer believes that there is an imminent threat of
22 physical harm to students, school personnel, or others who
23 are present in the school or on school grounds.
24 (A) Inspection and copying shall be limited to law
25 enforcement records transmitted to the appropriate
26 school official or officials whom the school has

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1 determined to have a legitimate educational or safety
2 interest by a local law enforcement agency under a
3 reciprocal reporting system established and maintained
4 between the school district and the local law
5 enforcement agency under Section 10-20.14 of the
6 School Code concerning a minor enrolled in a school
7 within the school district who has been arrested or
8 taken into custody for any of the following offenses:
9 (i) any violation of Article 24 of the Criminal
10 Code of 1961 or the Criminal Code of 2012;
11 (ii) a violation of the Illinois Controlled
12 Substances Act;
13 (iii) a violation of the Cannabis Control Act;
14 (iv) a forcible felony as defined in Section
15 2-8 of the Criminal Code of 1961 or the Criminal
16 Code of 2012;
17 (v) a violation of the Methamphetamine Control
18 and Community Protection Act;
19 (vi) a violation of Section 1-2 of the
20 Harassing and Obscene Communications Act;
21 (vii) a violation of the Hazing Act; or
22 (viii) a violation of Section 12-1, 12-2,
23 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
24 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
25 Criminal Code of 1961 or the Criminal Code of 2012.
26 The information derived from the law enforcement

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1 records shall be kept separate from and shall not
2 become a part of the official school record of that
3 child and shall not be a public record. The information
4 shall be used solely by the appropriate school official
5 or officials whom the school has determined to have a
6 legitimate educational or safety interest to aid in the
7 proper rehabilitation of the child and to protect the
8 safety of students and employees in the school. If the
9 designated law enforcement and school officials deem
10 it to be in the best interest of the minor, the student
11 may be referred to in-school or community based social
12 services if those services are available.
13 "Rehabilitation services" may include interventions by
14 school support personnel, evaluation for eligibility
15 for special education, referrals to community-based
16 agencies such as youth services, behavioral healthcare
17 service providers, drug and alcohol prevention or
18 treatment programs, and other interventions as deemed
19 appropriate for the student.
20 (B) Any information provided to appropriate school
21 officials whom the school has determined to have a
22 legitimate educational or safety interest by local law
23 enforcement officials about a minor who is the subject
24 of a current police investigation that is directly
25 related to school safety shall consist of oral
26 information only, and not written law enforcement

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1 records, and shall be used solely by the appropriate
2 school official or officials to protect the safety of
3 students and employees in the school and aid in the
4 proper rehabilitation of the child. The information
5 derived orally from the local law enforcement
6 officials shall be kept separate from and shall not
7 become a part of the official school record of the
8 child and shall not be a public record. This limitation
9 on the use of information about a minor who is the
10 subject of a current police investigation shall in no
11 way limit the use of this information by prosecutors in
12 pursuing criminal charges arising out of the
13 information disclosed during a police investigation of
14 the minor. For purposes of this paragraph,
15 "investigation" means an official systematic inquiry
16 by a law enforcement agency into actual or suspected
17 criminal activity.
18 (9) Mental health professionals on behalf of the
19 Illinois Department of Corrections or the Department of
20 Human Services or prosecutors who are evaluating,
21 prosecuting, or investigating a potential or actual
22 petition brought under the Sexually Violent Persons
23 Commitment Act relating to a person who is the subject of
24 juvenile law enforcement records or the respondent to a
25 petition brought under the Sexually Violent Persons
26 Commitment Act who is the subject of the juvenile law

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1 enforcement records sought. Any records and any
2 information obtained from those records under this
3 paragraph (9) may be used only in sexually violent persons
4 commitment proceedings.
5 (10) The president of a park district. Inspection and
6 copying shall be limited to law enforcement records
7 transmitted to the president of the park district by the
8 Illinois State Police under Section 8-23 of the Park
9 District Code or Section 16a-5 of the Chicago Park District
10 Act concerning a person who is seeking employment with that
11 park district and who has been adjudicated a juvenile
12 delinquent for any of the offenses listed in subsection (c)
13 of Section 8-23 of the Park District Code or subsection (c)
14 of Section 16a-5 of the Chicago Park District Act.
15 (B)(1) Except as provided in paragraph (2), no law
16 enforcement officer or other person or agency may knowingly
17 transmit to the Department of Corrections or the Department
18 of State Police or to the Federal Bureau of Investigation
19 any fingerprint or photograph relating to a minor who has
20 been arrested or taken into custody before his or her 18th
21 birthday, unless the court in proceedings under this Act
22 authorizes the transmission or enters an order under
23 Section 5-805 permitting or requiring the institution of
24 criminal proceedings.
25 (2) Law enforcement officers or other persons or
26 agencies shall transmit to the Department of State Police

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1 copies of fingerprints and descriptions of all minors who
2 have been arrested or taken into custody before their 18th
3 birthday for the offense of unlawful use of weapons under
4 Article 24 of the Criminal Code of 1961 or the Criminal
5 Code of 2012, a Class X or Class 1 felony, a forcible
6 felony as defined in Section 2-8 of the Criminal Code of
7 1961 or the Criminal Code of 2012, or a Class 2 or greater
8 felony under the Cannabis Control Act, the Illinois
9 Controlled Substances Act, the Methamphetamine Control and
10 Community Protection Act, or Chapter 4 of the Illinois
11 Vehicle Code, pursuant to Section 5 of the Criminal
12 Identification Act. Information reported to the Department
13 pursuant to this Section may be maintained with records
14 that the Department files pursuant to Section 2.1 of the
15 Criminal Identification Act. Nothing in this Act prohibits
16 a law enforcement agency from fingerprinting a minor taken
17 into custody or arrested before his or her 18th birthday
18 for an offense other than those listed in this paragraph
19 (2).
20 (C) The records of law enforcement officers, or of an
21independent agency created by ordinance and charged by a unit
22of local government with the duty of investigating the conduct
23of law enforcement officers, concerning all minors under 18
24years of age must be maintained separate from the records of
25arrests and may not be open to public inspection or their
26contents disclosed to the public except by order of the court

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1presiding over matters pursuant to this Act or when the
2institution of criminal proceedings has been permitted or
3required under Section 5-805 or such a person has been
4convicted of a crime and is the subject of pre-sentence
5investigation or proceedings on an application for probation or
6when provided by law. For purposes of obtaining documents under
7pursuant to this Section, a civil subpoena is not an order of
8the court.
9 (1) In cases where the law enforcement, or independent
10 agency, records concern a pending juvenile court case, the
11 party seeking to inspect the records shall provide actual
12 notice to the attorney or guardian ad litem of the minor
13 whose records are sought.
14 (2) In cases where the records concern a juvenile court
15 case that is no longer pending, the party seeking to
16 inspect the records shall provide actual notice to the
17 minor or the minor's parent or legal guardian, and the
18 matter shall be referred to the chief judge presiding over
19 matters pursuant to this Act.
20 (3) In determining whether the records should be
21 available for inspection, the court shall consider the
22 minor's interest in confidentiality and rehabilitation
23 over the moving party's interest in obtaining the
24 information. Any records obtained in violation of this
25 subsection (C) shall not be admissible in any criminal or
26 civil proceeding, or operate to disqualify a minor from

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1 subsequently holding public office or securing employment,
2 or operate as a forfeiture of any public benefit, right,
3 privilege, or right to receive any license granted by
4 public authority.
5 (D) Nothing contained in subsection (C) of this Section
6shall prohibit the inspection or disclosure to victims and
7witnesses of photographs contained in the records of law
8enforcement agencies when the inspection and disclosure is
9conducted in the presence of a law enforcement officer for the
10purpose of the identification or apprehension of any person
11subject to the provisions of this Act or for the investigation
12or prosecution of any crime.
13 (E) Law enforcement officers, and personnel of an
14independent agency created by ordinance and charged by a unit
15of local government with the duty of investigating the conduct
16of law enforcement officers, may not disclose the identity of
17any minor in releasing information to the general public as to
18the arrest, investigation or disposition of any case involving
19a minor.
20 (F) Nothing contained in this Section shall prohibit law
21enforcement agencies from communicating with each other by
22letter, memorandum, teletype or intelligence alert bulletin or
23other means the identity or other relevant information
24pertaining to a person under 18 years of age if there are
25reasonable grounds to believe that the person poses a real and
26present danger to the safety of the public or law enforcement

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1officers. The information provided under this subsection (F)
2shall remain confidential and shall not be publicly disclosed,
3except as otherwise allowed by law.
4 (G) Nothing in this Section shall prohibit the right of a
5Civil Service Commission or appointing authority of any state,
6county or municipality examining the character and fitness of
7an applicant for employment with a law enforcement agency,
8correctional institution, or fire department from obtaining
9and examining the records of any law enforcement agency
10relating to any record of the applicant having been arrested or
11taken into custody before the applicant's 18th birthday.
12 (H) The changes made to this Section by Public Act 98-61
13apply to law enforcement records of a minor who has been
14arrested or taken into custody on or after January 1, 2014 (the
15effective date of Public Act 98-61).
16 (I) Willful violation of this Section is a Class C
17misdemeanor and each violation is subject to a fine of $1,000.
18This subsection (I) shall not apply to the person who is the
19subject of the record.
20 (J) A person convicted of violating this Section is liable
21for damages in the amount of $1,000 or actual damages,
22whichever is greater.
23(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298,
24eff. 8-6-15.)
25 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)

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1 Sec. 1-8. Confidentiality and accessibility of juvenile
2court records.
3 (A) A juvenile adjudication shall never be considered a
4conviction nor shall an adjudicated individual be considered a
5criminal. Unless expressly allowed by law, a juvenile
6adjudication shall not operate to impose upon the individual
7any of the civil disabilities ordinarily imposed by or
8resulting from conviction. Unless expressly allowed by law,
9adjudications shall not prejudice or disqualify the individual
10in any civil service application or appointment, from holding
11public office, or from receiving any license granted by public
12authority. All juvenile records which have not been expunged
13are sealed and may never be disclosed to the general public or
14otherwise made widely available. Sealed records may be obtained
15only under this Section and Section 1-7 and Section 5-915 of
16this Act, when their use is needed for good cause and with an
17order from the juvenile court, as required by those not
18authorized to retain them. Inspection and copying of juvenile
19court records relating to a minor who is the subject of a
20proceeding under this Act shall be restricted to the following:
21 (1) The minor who is the subject of record, his
22 parents, guardian and counsel.
23 (2) Law enforcement officers and law enforcement
24 agencies when such information is essential to executing an
25 arrest or search warrant or other compulsory process, or to
26 conducting an ongoing investigation or relating to a minor

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1 who has been adjudicated delinquent and there has been a
2 previous finding that the act which constitutes the
3 previous offense was committed in furtherance of criminal
4 activities by a criminal street gang.
5 Before July 1, 1994, for the purposes of this Section,
6 "criminal street gang" means any ongoing organization,
7 association, or group of 3 or more persons, whether formal
8 or informal, having as one of its primary activities the
9 commission of one or more criminal acts and that has a
10 common name or common identifying sign, symbol or specific
11 color apparel displayed, and whose members individually or
12 collectively engage in or have engaged in a pattern of
13 criminal activity.
14 Beginning July 1, 1994, for purposes of this Section,
15 "criminal street gang" has the meaning ascribed to it in
16 Section 10 of the Illinois Streetgang Terrorism Omnibus
17 Prevention Act.
18 (3) Judges, hearing officers, prosecutors, probation
19 officers, social workers or other individuals assigned by
20 the court to conduct a pre-adjudication or predisposition
21 investigation, and individuals responsible for supervising
22 or providing temporary or permanent care and custody for
23 minors pursuant to the order of the juvenile court when
24 essential to performing their responsibilities.
25 (4) Judges, prosecutors and probation officers:
26 (a) in the course of a trial when institution of

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1 criminal proceedings has been permitted or required
2 under Section 5-805; or
3 (b) when criminal proceedings have been permitted
4 or required under Section 5-805 and a minor is the
5 subject of a proceeding to determine the amount of
6 bail; or
7 (c) when criminal proceedings have been permitted
8 or required under Section 5-805 and a minor is the
9 subject of a pre-trial investigation, pre-sentence
10 investigation or fitness hearing, or proceedings on an
11 application for probation; or
12 (d) when a minor becomes 18 years of age or older,
13 and is the subject of criminal proceedings, including a
14 hearing to determine the amount of bail, a pre-trial
15 investigation, a pre-sentence investigation, a fitness
16 hearing, or proceedings on an application for
17 probation.
18 (5) Adult and Juvenile Prisoner Review Boards.
19 (6) Authorized military personnel.
20 (7) Victims, their subrogees and legal
21 representatives; however, such persons shall have access
22 only to the name and address of the minor and information
23 pertaining to the disposition or alternative adjustment
24 plan of the juvenile court.
25 (8) Persons engaged in bona fide research, with the
26 permission of the presiding judge of the juvenile court and

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1 the chief executive of the agency that prepared the
2 particular records; provided that publication of such
3 research results in no disclosure of a minor's identity and
4 protects the confidentiality of the record.
5 (9) The Secretary of State to whom the Clerk of the
6 Court shall report the disposition of all cases, as
7 required in Section 6-204 of the Illinois Vehicle Code.
8 However, information reported relative to these offenses
9 shall be privileged and available only to the Secretary of
10 State, courts, and police officers.
11 (10) The administrator of a bonafide substance abuse
12 student assistance program with the permission of the
13 presiding judge of the juvenile court.
14 (11) Mental health professionals on behalf of the
15 Illinois Department of Corrections or the Department of
16 Human Services or prosecutors who are evaluating,
17 prosecuting, or investigating a potential or actual
18 petition brought under the Sexually Violent Persons
19 Commitment Act relating to a person who is the subject of
20 juvenile court records or the respondent to a petition
21 brought under the Sexually Violent Persons Commitment Act,
22 who is the subject of juvenile court records sought. Any
23 records and any information obtained from those records
24 under this paragraph (11) may be used only in sexually
25 violent persons commitment proceedings.
26 (A-1) Findings and exclusions of paternity entered in

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1proceedings occurring under Article II of this Act shall be
2disclosed, in a manner and form approved by the Presiding Judge
3of the Juvenile Court, to the Department of Healthcare and
4Family Services when necessary to discharge the duties of the
5Department of Healthcare and Family Services under Article X of
6the Illinois Public Aid Code.
7 (B) A minor who is the victim in a juvenile proceeding
8shall be provided the same confidentiality regarding
9disclosure of identity as the minor who is the subject of
10record.
11 (C) Juvenile Except as otherwise provided in this
12subsection (C), juvenile court records shall not be made
13available to the general public. Subject to the limitations in
14paragraphs (0.1) through (0.4) of this subsection (C), the
15judge presiding over a juvenile court proceeding brought under
16this Act, in his or her discretion, may order that juvenile
17court records of an individual case be made available for
18inspection upon request by a representative of an agency,
19association, or news media entity or by a properly interested
20person. For purposes of inspecting documents under this Section
21subsection (C), a civil subpoena is not an order of the court.
22 (0.1) In cases where the records concern a pending
23 juvenile court case, the requesting party seeking to
24 inspect the juvenile court records shall provide actual
25 notice to the attorney or guardian ad litem of the minor
26 whose records are sought.

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1 (0.2) In cases where the records concern a juvenile
2 court case that is no longer pending, the requesting party
3 seeking to inspect the juvenile court records shall provide
4 actual notice to the minor or the minor's parent or legal
5 guardian, and the matter shall be referred to the chief
6 judge presiding over matters pursuant to this Act.
7 (0.3) In determining whether records should be made
8 available for inspection and whether inspection should be
9 limited to certain parts of the file, the court shall
10 consider the minor's interest in confidentiality and
11 rehabilitation over the requesting party's interest in
12 obtaining the information. The State's Attorney, the
13 minor, and the minor's parents, guardian, and counsel shall
14 at all times have the right to examine court files and
15 records.
16 (0.4) Any records obtained in violation of this Section
17 subsection (C) shall not be admissible in any criminal or
18 civil proceeding, or operate to disqualify a minor from
19 subsequently holding public office, or operate as a
20 forfeiture of any public benefit, right, privilege, or
21 right to receive any license granted by public authority.
22 (1) The court shall allow the general public to have
23 access to the name, address, and offense of a minor who is
24 adjudicated a delinquent minor under this Act under either
25 of the following circumstances:
26 (A) The adjudication of delinquency was based upon

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1 the minor's commission of first degree murder, attempt
2 to commit first degree murder, aggravated criminal
3 sexual assault, or criminal sexual assault; or
4 (B) The court has made a finding that the minor was
5 at least 13 years of age at the time the act was
6 committed and the adjudication of delinquency was
7 based upon the minor's commission of: (i) an act in
8 furtherance of the commission of a felony as a member
9 of or on behalf of a criminal street gang, (ii) an act
10 involving the use of a firearm in the commission of a
11 felony, (iii) an act that would be a Class X felony
12 offense under or the minor's second or subsequent Class
13 2 or greater felony offense under the Cannabis Control
14 Act if committed by an adult, (iv) an act that would be
15 a second or subsequent offense under Section 402 of the
16 Illinois Controlled Substances Act if committed by an
17 adult, (v) an act that would be an offense under
18 Section 401 of the Illinois Controlled Substances Act
19 if committed by an adult, (vi) an act that would be a
20 second or subsequent offense under Section 60 of the
21 Methamphetamine Control and Community Protection Act,
22 or (vii) an act that would be an offense under another
23 Section of the Methamphetamine Control and Community
24 Protection Act.
25 (2) The court shall allow the general public to have
26 access to the name, address, and offense of a minor who is

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1 at least 13 years of age at the time the offense is
2 committed and who is convicted, in criminal proceedings
3 permitted or required under Section 5-4, under either of
4 the following circumstances:
5 (A) The minor has been convicted of first degree
6 murder, attempt to commit first degree murder,
7 aggravated criminal sexual assault, or criminal sexual
8 assault,
9 (B) The court has made a finding that the minor was
10 at least 13 years of age at the time the offense was
11 committed and the conviction was based upon the minor's
12 commission of: (i) an offense in furtherance of the
13 commission of a felony as a member of or on behalf of a
14 criminal street gang, (ii) an offense involving the use
15 of a firearm in the commission of a felony, (iii) a
16 Class X felony offense under or a second or subsequent
17 Class 2 or greater felony offense under the Cannabis
18 Control Act, (iv) a second or subsequent offense under
19 Section 402 of the Illinois Controlled Substances Act,
20 (v) an offense under Section 401 of the Illinois
21 Controlled Substances Act, (vi) an act that would be a
22 second or subsequent offense under Section 60 of the
23 Methamphetamine Control and Community Protection Act,
24 or (vii) an act that would be an offense under another
25 Section of the Methamphetamine Control and Community
26 Protection Act.

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1 (D) Pending or following any adjudication of delinquency
2for any offense defined in Sections 11-1.20 through 11-1.60 or
312-13 through 12-16 of the Criminal Code of 1961 or the
4Criminal Code of 2012, the victim of any such offense shall
5receive the rights set out in Sections 4 and 6 of the Bill of
6Rights for Victims and Witnesses of Violent Crime Act; and the
7juvenile who is the subject of the adjudication,
8notwithstanding any other provision of this Act, shall be
9treated as an adult for the purpose of affording such rights to
10the victim.
11 (E) Nothing in this Section shall affect the right of a
12Civil Service Commission or appointing authority of any state,
13county or municipality examining the character and fitness of
14an applicant for employment with a law enforcement agency,
15correctional institution, or fire department to ascertain
16whether that applicant was ever adjudicated to be a delinquent
17minor and, if so, to examine the records of disposition or
18evidence which were made in proceedings under this Act.
19 (F) Following any adjudication of delinquency for a crime
20which would be a felony if committed by an adult, or following
21any adjudication of delinquency for a violation of Section
2224-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
23Criminal Code of 2012, the State's Attorney shall ascertain
24whether the minor respondent is enrolled in school and, if so,
25shall provide a copy of the dispositional order to the
26principal or chief administrative officer of the school. Access

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1to such juvenile records shall be limited to the principal or
2chief administrative officer of the school and any guidance
3counselor designated by him.
4 (G) Nothing contained in this Act prevents the sharing or
5disclosure of information or records relating or pertaining to
6juveniles subject to the provisions of the Serious Habitual
7Offender Comprehensive Action Program when that information is
8used to assist in the early identification and treatment of
9habitual juvenile offenders.
10 (H) When a Court hearing a proceeding under Article II of
11this Act becomes aware that an earlier proceeding under Article
12II had been heard in a different county, that Court shall
13request, and the Court in which the earlier proceedings were
14initiated shall transmit, an authenticated copy of the Court
15record, including all documents, petitions, and orders filed
16therein and the minute orders, transcript of proceedings, and
17docket entries of the Court.
18 (I) The Clerk of the Circuit Court shall report to the
19Department of State Police, in the form and manner required by
20the Department of State Police, the final disposition of each
21minor who has been arrested or taken into custody before his or
22her 18th birthday for those offenses required to be reported
23under Section 5 of the Criminal Identification Act. Information
24reported to the Department under this Section may be maintained
25with records that the Department files under Section 2.1 of the
26Criminal Identification Act.

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1 (J) The changes made to this Section by Public Act 98-61
2apply to law enforcement records of a minor who has been
3arrested or taken into custody on or after January 1, 2014 (the
4effective date of Public Act 98-61).
5 (K) Willful violation of this Section is a Class C
6misdemeanor and each violation is subject to a fine of $1,000.
7This subsection (K) shall not apply to the person who is the
8subject of the record.
9 (L) A person convicted of violating this Section is liable
10for damages in the amount of $1,000 or actual damages,
11whichever is greater.
12(Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;
1398-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff.
147-16-14.)
15 (705 ILCS 405/5-915)
16 Sec. 5-915. Expungement of juvenile law enforcement and
17court records.
18 (0.05) For purposes of this Section and Section 5-622:
19 "Dissemination" or "disseminate" means to publish,
20 produce, print, manufacture, distribute, sell, lease,
21 exhibit, broadcast, display, transmit, or otherwise share
22 information in any format so as to make the information
23 accessible to others.
24 "Expunge" means to physically destroy the records and
25 to obliterate the minor's name and juvenile court records

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1 from any official index, or public record, or electronic
2 database both. No evidence of the juvenile court records
3 may be retained by any law enforcement agency, the juvenile
4 court, or by any municipal, county, or State agency or
5 department. Nothing in this Act shall require the physical
6 destruction of the internal office records, files, or
7 databases maintained by a State's Attorney's Office or
8 other prosecutor or by the Office of the Secretary of
9 State.
10 "Juvenile court record" includes, but is not limited
11 to:
12 (a) all documents filed in or maintained by the
13 juvenile court pertaining to a specific incident,
14 proceeding, or individual;
15 (b) all documents relating to a specific incident,
16 proceeding, or individual made available to or maintained
17 by probation officers;
18 (c) all documents, video or audio tapes,
19 photographs, and exhibits admitted into evidence at
20 juvenile court hearings; or
21 (d) all documents, transcripts, records, reports
22 or other evidence prepared by, maintained by, or released
23 by any municipal, county, or state agency or department, in
24 any format, if indicating involvement with the juvenile
25 court relating to a specific incident, proceeding, or
26 individual.

HB3817 Enrolled- 24 -LRB100 11385 SLF 21783 b
1 "Law enforcement record" includes but is not limited to
2 records of arrest, station adjustments, fingerprints,
3 probation adjustments, the issuance of a notice to appear,
4 or any other records or documents maintained by any a law
5 enforcement agency relating to a minor suspected of
6 committing an offense or evidence of interaction with law
7 enforcement.
8 (0.1) (a) The Department of State Police and all law
9enforcement agencies within the State shall automatically
10expunge, on or before January 1 of each year, all law
11enforcement records relating to events occurring before an
12individual's 18th birthday if:
13 (1) one year or more has elapsed since the date of the
14 arrest or law enforcement interaction documented in the
15 records;
16 (2) no petition for delinquency or criminal charges
17 were filed with the clerk of the circuit court relating to
18 the arrest or law enforcement interaction documented in the
19 records; and
20 (3) 6 months have elapsed without an additional
21 subsequent arrest or filing of a petition for delinquency
22 or criminal charges whether related or not to the arrest or
23 law enforcement interaction documented in the records.
24 (b) If the law enforcement agency is unable to verify
25satisfaction of conditions (2) and (3) of this subsection
26(0.1), records that satisfy condition (1) of this subsection

HB3817 Enrolled- 25 -LRB100 11385 SLF 21783 b
1(0.1) shall be automatically expunged if the records relate to
2an offense that if committed by an adult would not be an
3offense classified as Class 2 felony or higher, an offense
4under Article 11 of the Criminal Code of 1961 or Criminal Code
5of 2012, or an offense under 12-13, 12-14, 12-14.1, 12-15, or
612-16 of the Criminal Code of 1961.
7 (0.2) (a) Upon dismissal of a petition alleging delinquency
8or upon a finding of not delinquent, the successful termination
9of an order of supervision, or an adjudication for an offense
10which would be a Class B misdemeanor, Class C misdemeanor, or a
11petty or business offense if committed by an adult, the court
12shall automatically order the expungement of the juvenile court
13and law enforcement records within 60 business days.
14 (b) If the chief law enforcement officer of the agency, or
15his or her designee, certifies in writing that certain
16information is needed for a pending investigation involving the
17commission of a felony, that information, and information
18identifying the juvenile, may be retained in an intelligence
19file until the investigation is terminated or for one
20additional year, whichever is sooner. Retention of a portion of
21a juvenile's law enforcement record does not disqualify the
22remainder of his or her record from immediate automatic
23expungement.
24 (0.3) (a) Upon an adjudication of delinquency based on any
25offense except a disqualified offense, the juvenile court shall
26automatically order the expungement of the juvenile records 2

HB3817 Enrolled- 26 -LRB100 11385 SLF 21783 b
1years after the juvenile's case was closed if no delinquency or
2criminal proceeding is pending and the person has had no
3subsequent delinquency adjudication or criminal conviction.
4The court shall automatically order the expungement of the
5juvenile court and law enforcement records within 60 business
6days. For the purposes of this subsection (0.3), "disqualified
7offense" means any of the following offenses: Section 8-1.2,
89-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
910-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
1011-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
1112-6.5, 12-7.1, 12-7.5, 12-32, 12-33, 12-34, 18-1, 18-2, 18-3,
1218-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-3.2,
1329D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
14Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
15of subsection (a) of Section 11-14.4, subsection (a-5) of
16Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
17Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
18paragraph (1) or (2) of subsection (a) of Section 12-7.4,
19subparagraph (i) of paragraph (1) of subsection (a) of Section
2012-9, subparagraph (H) of paragraph (3) of subsection (a) of
21Section 24-1.6, paragraph (1) of subsection (a) of Section
2225-1, or subsection (a-7) of Section 31-1 of the Criminal Code
23of 2012.
24 (b) If the chief law enforcement officer of the agency, or
25his or her designee, certifies in writing that certain
26information is needed for a pending investigation involving the

HB3817 Enrolled- 27 -LRB100 11385 SLF 21783 b
1commission of a felony, that information, and information
2identifying the juvenile, may be retained in an intelligence
3file until the investigation is terminated or for one
4additional year, whichever is sooner. Retention of a portion of
5a juvenile's law enforcement record does not disqualify the
6remainder of his or her record from immediate automatic
7expungement.
8 (1) Nothing in this subsection (1) precludes an eligible
9minor from obtaining expungement under subsections (0.1),
10(0.2), or (0.3). Whenever a person has been arrested, charged,
11or adjudicated delinquent for an incident occurring before his
12or her 18th birthday that if committed by an adult would be an
13offense, and that person's records are not eligible for
14automatic expungement under subsections (0.1), (0.2), or
15(0.3), the person may petition the court at any time for
16expungement of law enforcement records and juvenile court
17records relating to the incident and upon termination of all
18juvenile court proceedings relating to that incident, the court
19shall order the expungement of all records in the possession of
20the Department of State Police, the clerk of the circuit court,
21and law enforcement agencies relating to the incident, but only
22in any of the following circumstances:
23 (a) the minor was arrested and no petition for
24 delinquency was filed with the clerk of the circuit court;
25 (a-5) the minor was charged with an offense and the
26 petition or petitions were dismissed without a finding of

HB3817 Enrolled- 28 -LRB100 11385 SLF 21783 b
1 delinquency;
2 (b) the minor was charged with an offense and was found
3 not delinquent of that offense;
4 (c) the minor was placed under supervision pursuant to
5 Section 5-615, and the order of supervision has since been
6 successfully terminated; or
7 (d) the minor was adjudicated for an offense which
8 would be a Class B misdemeanor, Class C misdemeanor, or a
9 petty or business offense if committed by an adult.
10 (1.5) Commencing 180 days after the effective date of this
11amendatory Act of the 98th General Assembly, the Department of
12State Police shall automatically expunge, on or before January
131 of each year, a person's law enforcement records which are
14not subject to subsection (1) relating to incidents occurring
15before his or her 18th birthday in the Department's possession
16or control and which contains the final disposition which
17pertain to the person when arrested as a minor if:
18 (a) the minor was arrested for an eligible offense and
19 no petition for delinquency was filed with the clerk of the
20 circuit court; and
21 (b) the person attained the age of 18 years during the
22 last calendar year; and
23 (c) since the date of the minor's most recent arrest,
24 at least 6 months have elapsed without an additional
25 arrest, filing of a petition for delinquency whether
26 related or not to a previous arrest, or filing of charges

HB3817 Enrolled- 29 -LRB100 11385 SLF 21783 b
1 not initiated by arrest.
2 The Department of State Police shall allow a person to use
3the Access and Review process, established in the Department of
4State Police, for verifying that his or her law enforcement
5records relating to incidents occurring before his or her 18th
6birthday eligible under this Act subsection have been expunged
7as provided in this subsection.
8 The Department of State Police shall provide by rule the
9process for access, review, and automatic expungement.
10 (1.6) (Blank). Commencing on the effective date of this
11amendatory Act of the 98th General Assembly, a person whose law
12enforcement records are not subject to subsection (1) or (1.5)
13of this Section and who has attained the age of 18 years may
14use the Access and Review process, established in the
15Department of State Police, for verifying his or her law
16enforcement records relating to incidents occurring before his
17or her 18th birthday in the Department's possession or control
18which pertain to the person when arrested as a minor, if the
19incident occurred no earlier than 30 years before the effective
20date of this amendatory Act of the 98th General Assembly. If
21the person identifies a law enforcement record of an eligible
22offense that meets the requirements of this subsection,
23paragraphs (a) and (c) of subsection (1.5) of this Section, and
24all juvenile court proceedings related to the person have been
25terminated, the person may file a Request for Expungement of
26Juvenile Law Enforcement Records, in the form and manner

HB3817 Enrolled- 30 -LRB100 11385 SLF 21783 b
1prescribed by the Department of State Police, with the
2Department and the Department shall consider expungement of the
3record as otherwise provided for automatic expungement under
4subsection (1.5) of this Section. The person shall provide
5notice and a copy of the Request for Expungement of Juvenile
6Law Enforcement Records to the arresting agency, prosecutor
7charged with the prosecution of the minor, or the State's
8Attorney of the county that prosecuted the minor. The
9Department of State Police shall provide by rule the process
10for access, review, and Request for Expungement of Juvenile Law
11Enforcement Records.
12 (1.7) (Blank). Nothing in subsections (1.5) and (1.6) of
13this Section precludes a person from filing a petition under
14subsection (1) for expungement of records subject to automatic
15expungement under that subsection (1) or subsection (1.5) or
16(1.6) of this Section.
17 (1.8) (Blank). For the purposes of subsections (1.5) and
18(1.6) of this Section, "eligible offense" means records
19relating to an arrest or incident occurring before the person's
2018th birthday that if committed by an adult is not an offense
21classified as a Class 2 felony or higher offense, an offense
22under Article 11 of the Criminal Code of 1961 or the Criminal
23Code of 2012, or an offense under Section 12-13, 12-14,
2412-14.1, 12-15, or 12-16 of the Criminal Code of 1961.
25 (2) Any person whose delinquency adjudications are not
26eligible for automatic expungement under subsection (0.3) of

HB3817 Enrolled- 31 -LRB100 11385 SLF 21783 b
1this Section may petition the court to expunge all law
2enforcement records relating to any incidents occurring before
3his or her 18th birthday which did not result in proceedings in
4criminal court and all juvenile court records with respect to
5any adjudications except those based upon first degree murder
6or an offense under Article 11 of the Criminal Code of 2012 if
7the person is required to register under the Sex Offender
8Registration Act; provided that: and sex offenses which would
9be felonies if committed by an adult, if the person for whom
10expungement is sought has had no convictions for any crime
11since his or her 18th birthday and:
12 (a) (blank); or has attained the age of 21 years; or
13 (b) 2 5 years have elapsed since all juvenile court
14 proceedings relating to him or her have been terminated and
15 or his or her commitment to the Department of Juvenile
16 Justice under pursuant to this Act has been terminated. ;
17whichever is later of (a) or (b). Nothing in this Section 5-915
18precludes a minor from obtaining expungement under Section
195-622.
20 (2.5) If a minor is arrested and no petition for
21delinquency is filed with the clerk of the circuit court as
22provided in paragraph (a) of subsection (1) at the time the
23minor is released from custody, the youth officer, if
24applicable, or other designated person from the arresting
25agency, shall notify verbally and in writing to the minor or
26the minor's parents or guardians that the minor has a right to

HB3817 Enrolled- 32 -LRB100 11385 SLF 21783 b
1petition to have his or her arrest record expunged when all
2juvenile court proceedings relating to that minor have been
3terminated and that unless a petition to expunge is filed, that
4the minor shall have an arrest record and shall provide the
5minor and the minor's parents or guardians with an expungement
6information packet, information regarding this State's
7expungement laws including a petition to expunge juvenile
8records obtained from the clerk of the circuit court.
9 (2.6) If a minor is referred to court charged with an
10offense and is found not delinquent of that offense; or if a
11minor is placed under supervision under Section 5-615, and the
12order of supervision is successfully terminated; or if a minor
13is adjudicated for an offense that would be a Class B
14misdemeanor, a Class C misdemeanor, or a business or petty
15offense if committed by an adult; or if a minor has incidents
16occurring before his or her 18th birthday that have not
17resulted in proceedings in criminal court, or resulted in
18proceedings in juvenile court, and the adjudications were not
19based upon first degree murder or sex offenses that would be
20felonies if committed by an adult; then at the time of
21sentencing or dismissal of the case, or successful completion
22of supervision, the judge shall inform the delinquent minor of
23his or her rights regarding expungement right to petition for
24expungement as provided by law, and the clerk of the circuit
25court shall provide an expungement information packet to the
26delinquent minor, written in plain language, including

HB3817 Enrolled- 33 -LRB100 11385 SLF 21783 b
1information regarding this State's expungement laws and a
2petition for expungement, a sample of a completed petition,
3expungement instructions that shall include information
4informing the minor that (i) once the case is expunged, it
5shall be treated as if it never occurred, (ii) he or she may
6apply to have petition fees waived, (iii) once he or she
7obtains an expungement, he or she may not be required to
8disclose that he or she had a juvenile record, and (iv) if
9petitioning he or she may file the petition on his or her own
10or with the assistance of an attorney. The failure of the judge
11to inform the delinquent minor of his or her right to petition
12for expungement as provided by law does not create a
13substantive right, nor is that failure grounds for: (i) a
14reversal of an adjudication of delinquency, (ii) a new trial;
15or (iii) an appeal.
16 (2.7) (Blank). For counties with a population over
173,000,000, the clerk of the circuit court shall send a
18"Notification of a Possible Right to Expungement" post card to
19the minor at the address last received by the clerk of the
20circuit court on the date that the minor attains the age of 18
21based on the birthdate provided to the court by the minor or
22his or her guardian in cases under paragraphs (b), (c), and (d)
23of subsection (1); and when the minor attains the age of 21
24based on the birthdate provided to the court by the minor or
25his or her guardian in cases under subsection (2).
26 (2.8) The petition for expungement for subsection (1) and

HB3817 Enrolled- 34 -LRB100 11385 SLF 21783 b
1(2) may include multiple offenses on the same petition and
2shall be substantially in the following form:
3
IN THE CIRCUIT COURT OF ......, ILLINOIS
4
........ JUDICIAL CIRCUIT
5IN THE INTEREST OF ) NO.
6 )
7 )
8...................)
9(Name of Petitioner)
10
PETITION TO EXPUNGE JUVENILE RECORDS
11
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2 ))
12Now comes ............., petitioner, and respectfully requests
13that this Honorable Court enter an order expunging all juvenile
14law enforcement and court records of petitioner and in support
15thereof states that: Petitioner has attained the age of ....,
16his/her birth date being ......, or all Juvenile Court
17proceedings terminated as of ......, whichever occurred later.
18Petitioner was arrested on ..... by the ....... Police
19Department for the offense or offenses of ......., and:
20(Check All That Apply:)
21( ) a. no petition or petitions were filed with the Clerk of
22the Circuit Court.
23( ) b. was charged with ...... and was found not delinquent of
24the offense or offenses.

HB3817 Enrolled- 35 -LRB100 11385 SLF 21783 b
1( ) c. a petition or petitions were filed and the petition or
2petitions were dismissed without a finding of delinquency on
3.....
4( ) d. on ....... placed under supervision pursuant to Section
55-615 of the Juvenile Court Act of 1987 and such order of
6supervision successfully terminated on ........
7( ) e. was adjudicated for the offense or offenses, which would
8have been a Class B misdemeanor, a Class C misdemeanor, or a
9petty offense or business offense if committed by an adult.
10( ) f. was adjudicated for a Class A misdemeanor or felony,
11except first degree murder or an offense under Article 11 of
12the Criminal Code of 2012 if the person is required to register
13under the Sex Offender Registration Act, and 2 years have
14passed since the case was closed.
15Petitioner .... has .... has not been arrested on charges in
16this or any county other than the charges listed above. If
17petitioner has been arrested on additional charges, please list
18the charges below:
19Charge(s): ......
20Arresting Agency or Agencies: ...........
21Disposition/Result: (choose from a. through f e., above): .....
22WHEREFORE, the petitioner respectfully requests this Honorable
23Court to (1) order all law enforcement agencies to expunge all
24records of petitioner to this incident or incidents, and (2) to
25order the Clerk of the Court to expunge all records concerning
26the petitioner regarding this incident or incidents.

HB3817 Enrolled- 36 -LRB100 11385 SLF 21783 b
1
......................
2
Petitioner (Signature)
3
..........................
4
Petitioner's Street Address
5
.....................
6
City, State, Zip Code
7
.............................
8
Petitioner's Telephone Number
9Pursuant to the penalties of perjury under the Code of Civil
10Procedure, 735 ILCS 5/1-109, I hereby certify that the
11statements in this petition are true and correct, or on
12information and belief I believe the same to be true.
13
......................
14
Petitioner (Signature)
15The Petition for Expungement for subsection (2) shall be
16substantially in the following form:
17
IN THE CIRCUIT COURT OF ........, ILLINOIS
18
........ JUDICIAL CIRCUIT

HB3817 Enrolled- 37 -LRB100 11385 SLF 21783 b
1IN THE INTEREST OF ) NO.
2 )
3 )
4...................)
5(Name of Petitioner)
6
PETITION TO EXPUNGE JUVENILE RECORDS
7
(705 ILCS 405/5-915 (SUBSECTION 2))
8
(Please prepare a separate petition for each offense)
9Now comes ............, petitioner, and respectfully requests
10that this Honorable Court enter an order expunging all Juvenile
11Law Enforcement and Court records of petitioner and in support
12thereof states that:
13The incident for which the Petitioner seeks expungement
14occurred before the Petitioner's 18th birthday and did not
15result in proceedings in criminal court and the Petitioner has
16not had any convictions for any crime since his/her 18th
17birthday; and
18The incident for which the Petitioner seeks expungement
19occurred before the Petitioner's 18th birthday and the
20adjudication was not based upon first-degree murder or sex
21offenses which would be felonies if committed by an adult, and
22the Petitioner has not had any convictions for any crime since
23his/her 18th birthday.
24Petitioner was arrested on ...... by the ....... Police
25Department for the offense of ........, and:

HB3817 Enrolled- 38 -LRB100 11385 SLF 21783 b
1(Check whichever one occurred the latest:)
2( ) a. The Petitioner has attained the age of 21 years, his/her
3birthday being .......; or
4( ) b. 5 years have elapsed since all juvenile court
5proceedings relating to the Petitioner have been terminated; or
6the Petitioner's commitment to the Department of Juvenile
7Justice pursuant to the expungement of juvenile law enforcement
8and court records provisions of the Juvenile Court Act of 1987
9has been terminated. Petitioner ...has ...has not been arrested
10on charges in this or any other county other than the charge
11listed above. If petitioner has been arrested on additional
12charges, please list the charges below:
13Charge(s): ..........
14Arresting Agency or Agencies: .......
15Disposition/Result: (choose from a or b, above): ..........
16WHEREFORE, the petitioner respectfully requests this Honorable
17Court to (1) order all law enforcement agencies to expunge all
18records of petitioner related to this incident, and (2) to
19order the Clerk of the Court to expunge all records concerning
20the petitioner regarding this incident.
21
.......................
22
Petitioner (Signature)
23
......................
24
Petitioner's Street Address

HB3817 Enrolled- 39 -LRB100 11385 SLF 21783 b
1
.....................
2
City, State, Zip Code
3
.............................
4
Petitioner's Telephone Number
5Pursuant to the penalties of perjury under the Code of Civil
6Procedure, 735 ILCS 5/1-109, I hereby certify that the
7statements in this petition are true and correct, or on
8information and belief I believe the same to be true.
9
......................
10
Petitioner (Signature)
11 (3) The chief judge of the circuit in which an arrest was
12made or a charge was brought or any judge of that circuit
13designated by the chief judge may, upon verified petition of a
14person who is the subject of an arrest or a juvenile court
15proceeding under subsection (1) or (2) of this Section, order
16the law enforcement records or official court file, or both, to
17be expunged from the official records of the arresting
18authority, the clerk of the circuit court and the Department of
19State Police. The person whose records are to be expunged shall
20petition the court using the appropriate form containing his or
21her current address and shall promptly notify the clerk of the
22circuit court of any change of address. Notice of the petition
23shall be served upon the State's Attorney or prosecutor charged
24with the duty of prosecuting the offense, the Department of

HB3817 Enrolled- 40 -LRB100 11385 SLF 21783 b
1State Police, and the arresting agency or agencies by the clerk
2of the circuit court. If an objection is filed within 45 days
3of the notice of the petition, the clerk of the circuit court
4shall set a date for hearing after the 45-day 45 day objection
5period. At the hearing the court shall hear evidence on whether
6the expungement should or should not be granted. Unless the
7State's Attorney or prosecutor, the Department of State Police,
8or an arresting agency objects to the expungement within 45
9days of the notice, the court may enter an order granting
10expungement. The clerk shall forward a certified copy of the
11order to the Department of State Police and deliver a certified
12copy of the order to the arresting agency.
13 (3.1) The Notice of Expungement shall be in substantially
14the following form:
15
IN THE CIRCUIT COURT OF ....., ILLINOIS
16
.... JUDICIAL CIRCUIT
17IN THE INTEREST OF ) NO.
18 )
19 )
20...................)
21(Name of Petitioner)
22
NOTICE
23TO: State's Attorney
24TO: Arresting Agency

HB3817 Enrolled- 41 -LRB100 11385 SLF 21783 b
1
2................
3................
4
5................
6................
7TO: Illinois State Police
8
9.....................
10
11.....................
12ATTENTION: Expungement
13You are hereby notified that on ....., at ....., in courtroom
14..., located at ..., before the Honorable ..., Judge, or any
15judge sitting in his/her stead, I shall then and there present
16a Petition to Expunge Juvenile records in the above-entitled
17matter, at which time and place you may appear.
18
......................
19
Petitioner's Signature
20
...........................
21
Petitioner's Street Address
22
.....................
23
City, State, Zip Code
24
.............................
25
Petitioner's Telephone Number
26
PROOF OF SERVICE

HB3817 Enrolled- 42 -LRB100 11385 SLF 21783 b
1On the ....... day of ......, 20..., I on oath state that I
2served this notice and true and correct copies of the
3above-checked documents by:
4(Check One:)
5delivering copies personally to each entity to whom they are
6directed;
7or
8by mailing copies to each entity to whom they are directed by
9depositing the same in the U.S. Mail, proper postage fully
10prepaid, before the hour of 5:00 p.m., at the United States
11Postal Depository located at .................
12
.........................................
13
14Signature
15
Clerk of the Circuit Court or Deputy Clerk
16Printed Name of Delinquent Minor/Petitioner: ....
17Address: ........................................
18Telephone Number: ...............................
19 (3.2) The Order of Expungement shall be in substantially
20the following form:
21
IN THE CIRCUIT COURT OF ....., ILLINOIS
22
.... JUDICIAL CIRCUIT
23IN THE INTEREST OF ) NO.
24 )
25 )

HB3817 Enrolled- 43 -LRB100 11385 SLF 21783 b
1...................)
2(Name of Petitioner)
3DOB ................
4Arresting Agency/Agencies ......
5
ORDER OF EXPUNGEMENT
6
(705 ILCS 405/5-915 (SUBSECTION 3))
7This matter having been heard on the petitioner's motion and
8the court being fully advised in the premises does find that
9the petitioner is indigent or has presented reasonable cause to
10waive all costs in this matter, IT IS HEREBY ORDERED that:
11 ( ) 1. Clerk of Court and Department of State Police costs
12are hereby waived in this matter.
13 ( ) 2. The Illinois State Police Bureau of Identification
14and the following law enforcement agencies expunge all records
15of petitioner relating to an arrest dated ...... for the
16offense of ......
17
Law Enforcement Agencies:
18
.........................
19
.........................
20 ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
21Court expunge all records regarding the above-captioned case.
22
ENTER: ......................
23
24JUDGE
25DATED: .......

HB3817 Enrolled- 44 -LRB100 11385 SLF 21783 b
1Name:
2Attorney for:
3Address: City/State/Zip:
4Attorney Number:
5 (3.3) The Notice of Objection shall be in substantially the
6following form:
7
IN THE CIRCUIT COURT OF ....., ILLINOIS
8
....................... JUDICIAL CIRCUIT
9IN THE INTEREST OF ) NO.
10 )
11 )
12...................)
13(Name of Petitioner)
14
NOTICE OF OBJECTION
15TO:(Attorney, Public Defender, Minor)
16.................................
17.................................
18TO:(Illinois State Police)
19.................................
20.................................
21TO:(Clerk of the Court)
22.................................
23.................................
24TO:(Judge)

HB3817 Enrolled- 45 -LRB100 11385 SLF 21783 b
1.................................
2.................................
3TO:(Arresting Agency/Agencies)
4.................................
5.................................
6ATTENTION: You are hereby notified that an objection has been
7filed by the following entity regarding the above-named minor's
8petition for expungement of juvenile records:
9( ) State's Attorney's Office;
10( ) Prosecutor (other than State's Attorney's Office) charged
11with the duty of prosecuting the offense sought to be expunged;
12( ) Department of Illinois State Police; or
13( ) Arresting Agency or Agencies.
14The agency checked above respectfully requests that this case
15be continued and set for hearing on whether the expungement
16should or should not be granted.
17DATED: .......
18Name:
19Attorney For:
20Address:
21City/State/Zip:
22Telephone:
23Attorney No.:
24
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
25This matter has been set for hearing on the foregoing
26objection, on ...... in room ...., located at ....., before the

HB3817 Enrolled- 46 -LRB100 11385 SLF 21783 b
1Honorable ....., Judge, or any judge sitting in his/her stead.
2(Only one hearing shall be set, regardless of the number of
3Notices of Objection received on the same case).
4A copy of this completed Notice of Objection containing the
5court date, time, and location, has been sent via regular U.S.
6Mail to the following entities. (If more than one Notice of
7Objection is received on the same case, each one must be
8completed with the court date, time and location and mailed to
9the following entities):
10( ) Attorney, Public Defender or Minor;
11( ) State's Attorney's Office;
12( ) Prosecutor (other than State's Attorney's Office) charged
13with the duty of prosecuting the offense sought to be expunged;
14( ) Department of Illinois State Police; and
15( ) Arresting agency or agencies.
16Date: ......
17Initials of Clerk completing this section: .....
18 (4)(a) Upon entry of an order expunging records or files,
19the offense, which the records or files concern shall be
20treated as if it never occurred. Law enforcement officers and
21other public offices and agencies shall properly reply on
22inquiry that no record or file exists with respect to the
23person.
24 (a-5) Local law enforcement agencies shall send written
25notice to the minor of the expungement of any records within 60
26days of automatic expungement or the date of service of an

HB3817 Enrolled- 47 -LRB100 11385 SLF 21783 b
1expungement order, whichever applies. If a minor's court file
2has been expunged, the clerk of the circuit court shall send
3written notice to the minor of the expungement of any records
4within 60 days of automatic expungement or the date of service
5of an expungement order, whichever applies.
6 (b) Except with respect to authorized military personnel,
7an expunged juvenile record may not be considered by any
8private or public entity in employment matters, certification,
9licensing, revocation of certification or licensure, or
10registration. Applications for employment within the State
11must contain specific language that states that the applicant
12is not obligated to disclose expunged juvenile records of
13adjudication or arrest. Employers may not ask, in any format or
14context, if an applicant has had a juvenile record expunged.
15Information about an expunged record obtained by a potential
16employer, even inadvertently, from an employment application
17that does not contain specific language that states that the
18applicant is not obligated to disclose expunged juvenile
19records of adjudication or arrest, shall be treated as
20dissemination of an expunged record by the employer.
21 (c) A person whose juvenile records have been expunged is
22not entitled to remission of any fines, costs, or other money
23paid as a consequence of expungement.
24 (5) (Blank). Records which have not been expunged are
25sealed, and may be obtained only under the provisions of
26Sections 5-901, 5-905 and 5-915.

HB3817 Enrolled- 48 -LRB100 11385 SLF 21783 b
1 (5.5) Whether or not expunged, records eligible for
2automatic expungement under subdivision (0.1)(a), (0.2)(a), or
3(0.3)(a) may be treated as expunged by the individual subject
4to the records.
5 (6) Nothing in this Section shall be construed to prohibit
6the maintenance of information relating to an offense after
7records or files concerning the offense have been expunged if
8the information is kept in a manner that does not enable
9identification of the individual offender. This information
10may only be used for anonymous statistical and bona fide
11research purposes.
12 (6.5) The Department of State Police or any employee of the
13Department shall be immune from civil or criminal liability for
14failure to expunge any records of arrest that are subject to
15expungement under subsection (1.5) or (1.6) of this Section
16because of inability to verify a record. Nothing in subsection
17(1.5) or (1.6) of this Section shall create Department of State
18Police liability or responsibility for the expungement of law
19enforcement records it does not possess.
20 (7)(a) The State Appellate Defender shall establish,
21maintain, and carry out, by December 31, 2004, a juvenile
22expungement program to provide information and assistance to
23minors eligible to have their juvenile records expunged.
24 (b) The State Appellate Defender shall develop brochures,
25pamphlets, and other materials in printed form and through the
26agency's World Wide Web site. The pamphlets and other materials

HB3817 Enrolled- 49 -LRB100 11385 SLF 21783 b
1shall include at a minimum the following information:
2 (i) An explanation of the State's juvenile expungement
3 laws, including both automatic expungement and expungement
4 by petition process;
5 (ii) The circumstances under which juvenile
6 expungement may occur;
7 (iii) The juvenile offenses that may be expunged;
8 (iv) The steps necessary to initiate and complete the
9 juvenile expungement process; and
10 (v) Directions on how to contact the State Appellate
11 Defender.
12 (c) The State Appellate Defender shall establish and
13maintain a statewide toll-free telephone number that a person
14may use to receive information or assistance concerning the
15expungement of juvenile records. The State Appellate Defender
16shall advertise the toll-free telephone number statewide. The
17State Appellate Defender shall develop an expungement
18information packet that may be sent to eligible persons seeking
19expungement of their juvenile records, which may include, but
20is not limited to, a pre-printed expungement petition with
21instructions on how to complete the petition and a pamphlet
22containing information that would assist individuals through
23the juvenile expungement process.
24 (d) The State Appellate Defender shall compile a statewide
25list of volunteer attorneys willing to assist eligible
26individuals through the juvenile expungement process.

HB3817 Enrolled- 50 -LRB100 11385 SLF 21783 b
1 (e) This Section shall be implemented from funds
2appropriated by the General Assembly to the State Appellate
3Defender for this purpose. The State Appellate Defender shall
4employ the necessary staff and adopt the necessary rules for
5implementation of this Section.
6 (7.5) (a) Willful dissemination of any information
7contained in an expunged record shall be treated as a Class C
8misdemeanor and punishable by a fine of $1,000 per violation.
9 (b) Willful dissemination for financial gain of any
10information contained in an expunged record shall be treated as
11a Class 4 felony. Dissemination for financial gain by an
12employee of any municipal, county, or State agency, including
13law enforcement, shall result in immediate termination.
14 (c) The person whose record was expunged has a right of
15action against any person who intentionally disseminates an
16expunged record. In the proceeding, punitive damages up to an
17amount of $1,000 may be sought in addition to any actual
18damages. The prevailing party shall be entitled to costs and
19reasonable attorney fees.
20 (d) The punishments for dissemination of an expunged record
21shall never apply to the person whose record was expunged.
22 (8)(a) An Except with respect to law enforcement agencies,
23the Department of Corrections, State's Attorneys, or other
24prosecutors, an expunged juvenile record may not be considered
25by any private or public entity in employment matters,
26certification, licensing, revocation of certification or

HB3817 Enrolled- 51 -LRB100 11385 SLF 21783 b
1licensure, or registration. Applications for employment must
2contain specific language that states that the applicant is not
3obligated to disclose expunged juvenile records of
4adjudication, conviction, or arrest. Employers may not ask if
5an applicant has had a juvenile record expunged. Effective
6January 1, 2005, the Department of Labor shall develop a link
7on the Department's website to inform employers that employers
8may not ask if an applicant had a juvenile record expunged and
9that application for employment must contain specific language
10that states that the applicant is not obligated to disclose
11expunged juvenile records of adjudication, arrest, or
12conviction.
13 (b) A person whose juvenile records have been expunged is
14not entitled to remission of any fines, costs, or other money
15paid as a consequence of expungement. This amendatory Act of
16the 93rd General Assembly does not affect the right of the
17victim of a crime to prosecute or defend a civil action for
18damages.
19 (c) The expungement of juvenile records under subsections
200.1, 0.2, or 0.3 of this Section Section 5-622 shall be funded
21by the additional fine imposed under Section 5-9-1.17 of the
22Unified Code of Corrections and additional appropriations made
23by the General Assembly for such purpose.
24 (9) (Blank). The changes made to this Section by Public Act
2598-61 apply to law enforcement records of a minor who has been
26arrested or taken into custody on or after January 1, 2014 (the

HB3817 Enrolled- 52 -LRB100 11385 SLF 21783 b
1effective date of Public Act 98-61).
2 (10) (Blank). The changes made in subsection (1.5) of this
3Section by this amendatory Act of the 98th General Assembly
4apply to law enforcement records of a minor who has been
5arrested or taken into custody on or after January 1, 2015. The
6changes made in subsection (1.6) of this Section by this
7amendatory Act of the 98th General Assembly apply to law
8enforcement records of a minor who has been arrested or taken
9into custody before January 1, 2015.
10(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
11eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
129-2-16.)
13 (705 ILCS 405/5-622 rep.)
14 Section 10. The Juvenile Court Act of 1987 is amended by
15repealing Section 5-622.
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