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

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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: (Passed) 2017-08-24 - Public Act . . . . . . . . . 100-0285 [HB3817 Detail]

Download: Illinois-2017-HB3817-Chaptered.html

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Public Act 100-0285
HB3817 Enrolled LRB100 11385 SLF 21783 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Sections 1-7, 1-8, and 5-915 as follows:
(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
Sec. 1-7. Confidentiality of law enforcement and municipal
ordinance violation records.
(A) All juvenile records which have not been expunged are
sealed and may never be disclosed to the general public or
otherwise made widely available. Sealed records may be obtained
only under this Section and Section 1-8 and 5-915 of this Act,
when their use is needed for good cause and with an order from
the juvenile court, as required by those not authorized to
retain them. Inspection and copying of law enforcement records
maintained by law enforcement agencies or records of municipal
ordinance violations maintained by any State, local, or
municipal agency that relate to a minor who has been
investigated, arrested, or taken into custody before his or her
18th birthday shall be restricted to the following:
(1) Any local, State or federal law enforcement
officers of any jurisdiction or agency when necessary for
the discharge of their official duties during the

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

from any official index, or public record, or electronic
database both. No evidence of the juvenile court records
may be retained by any law enforcement agency, the juvenile
court, or by any municipal, county, or State agency or
department. Nothing in this Act shall require the physical
destruction of the internal office records, files, or
databases maintained by a State's Attorney's Office or
other prosecutor or by the Office of the Secretary of
State.
"Juvenile court record" includes, but is not limited
to:
(a) all documents filed in or maintained by the
juvenile court pertaining to a specific incident,
proceeding, or individual;
(b) all documents relating to a specific incident,
proceeding, or individual made available to or maintained
by probation officers;
(c) all documents, video or audio tapes,
photographs, and exhibits admitted into evidence at
juvenile court hearings; or
(d) all documents, transcripts, records, reports
or other evidence prepared by, maintained by, or released
by any municipal, county, or state agency or department, in
any format, if indicating involvement with the juvenile
court relating to a specific incident, proceeding, or
individual.

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

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

years after the juvenile's case was closed if no delinquency or
criminal proceeding is pending and the person has had no
subsequent delinquency adjudication or criminal conviction.
The court shall automatically order the expungement of the
juvenile court and law enforcement records within 60 business
days. For the purposes of this subsection (0.3), "disqualified
offense" means any of the following offenses: Section 8-1.2,
9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
of subsection (a) of Section 11-14.4, subsection (a-5) of
Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
paragraph (1) or (2) of subsection (a) of Section 12-7.4,
subparagraph (i) of paragraph (1) of subsection (a) of Section
12-9, subparagraph (H) of paragraph (3) of subsection (a) of
Section 24-1.6, paragraph (1) of subsection (a) of Section
25-1, or subsection (a-7) of Section 31-1 of the Criminal Code
of 2012.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain

information is needed for a pending investigation involving the
commission of a felony, that information, and information
identifying the juvenile, may be retained in an intelligence
file until the investigation is terminated or for one
additional year, whichever is sooner. Retention of a portion of
a juvenile's law enforcement record does not disqualify the
remainder of his or her record from immediate automatic
expungement.
(1) Nothing in this subsection (1) precludes an eligible
minor from obtaining expungement under subsections (0.1),
(0.2), or (0.3). Whenever a person has been arrested, charged,
or adjudicated delinquent for an incident occurring before his
or her 18th birthday that if committed by an adult would be an
offense, and that person's records are not eligible for
automatic expungement under subsections (0.1), (0.2), or
(0.3), the person may petition the court at any time for
expungement of law enforcement records and juvenile court
records relating to the incident and upon termination of all
juvenile court proceedings relating to that incident, the court
shall order the expungement of all records in the possession of
the Department of State Police, the clerk of the circuit court,
and law enforcement agencies relating to the incident, but only
in any of the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court;
(a-5) the minor was charged with an offense and the

petition or petitions were dismissed without a finding of
delinquency;
(b) the minor was charged with an offense and was found
not delinquent of that offense;
(c) the minor was placed under supervision pursuant to
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(1.5) Commencing 180 days after the effective date of this
amendatory Act of the 98th General Assembly, the Department of
State Police shall automatically expunge, on or before January
1 of each year, a person's law enforcement records which are
not subject to subsection (1) relating to incidents occurring
before his or her 18th birthday in the Department's possession
or control and which contains the final disposition which
pertain to the person when arrested as a minor if:
(a) the minor was arrested for an eligible offense and
no petition for delinquency was filed with the clerk of the
circuit court; and
(b) the person attained the age of 18 years during the
last calendar year; and
(c) since the date of the minor's most recent arrest,
at least 6 months have elapsed without an additional
arrest, filing of a petition for delinquency whether

related or not to a previous arrest, or filing of charges
not initiated by arrest.
The Department of State Police shall allow a person to use
the Access and Review process, established in the Department of
State Police, for verifying that his or her law enforcement
records relating to incidents occurring before his or her 18th
birthday eligible under this Act subsection have been expunged
as provided in this subsection.
The Department of State Police shall provide by rule the
process for access, review, and automatic expungement.
(1.6) (Blank). Commencing on the effective date of this
amendatory Act of the 98th General Assembly, a person whose law
enforcement records are not subject to subsection (1) or (1.5)
of this Section and who has attained the age of 18 years may
use the Access and Review process, established in the
Department of State Police, for verifying his or her law
enforcement records relating to incidents occurring before his
or her 18th birthday in the Department's possession or control
which pertain to the person when arrested as a minor, if the
incident occurred no earlier than 30 years before the effective
date of this amendatory Act of the 98th General Assembly. If
the person identifies a law enforcement record of an eligible
offense that meets the requirements of this subsection,
paragraphs (a) and (c) of subsection (1.5) of this Section, and
all juvenile court proceedings related to the person have been
terminated, the person may file a Request for Expungement of

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

eligible for automatic expungement under subsection (0.3) of
this Section may petition the court to expunge all law
enforcement records relating to any incidents occurring before
his or her 18th birthday which did not result in proceedings in
criminal court and all juvenile court records with respect to
any adjudications except those based upon first degree murder
or an offense under Article 11 of the Criminal Code of 2012 if
the person is required to register under the Sex Offender
Registration Act; provided that: and sex offenses which would
be felonies if committed by an adult, if the person for whom
expungement is sought has had no convictions for any crime
since his or her 18th birthday and:
(a) (blank); or has attained the age of 21 years; or
(b) 2 5 years have elapsed since all juvenile court
proceedings relating to him or her have been terminated and
or his or her commitment to the Department of Juvenile
Justice under pursuant to this Act has been terminated. ;
whichever is later of (a) or (b). Nothing in this Section 5-915
precludes a minor from obtaining expungement under Section
5-622.
(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court as
provided in paragraph (a) of subsection (1) at the time the
minor is released from custody, the youth officer, if
applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or

the minor's parents or guardians that the minor has a right to
petition to have his or her arrest record expunged when all
juvenile court proceedings relating to that minor have been
terminated and that unless a petition to expunge is filed, that
the minor shall have an arrest record and shall provide the
minor and the minor's parents or guardians with an expungement
information packet, information regarding this State's
expungement laws including a petition to expunge juvenile
records obtained from the clerk of the circuit court.
(2.6) If a minor is referred to court charged with an
offense and is found not delinquent of that offense; or if a
minor is placed under supervision under Section 5-615, and the
order of supervision is successfully terminated; or if a minor
is adjudicated for an offense that would be a Class B
misdemeanor, a Class C misdemeanor, or a business or petty
offense if committed by an adult; or if a minor has incidents
occurring before his or her 18th birthday that have not
resulted in proceedings in criminal court, or resulted in
proceedings in juvenile court, and the adjudications were not
based upon first degree murder or sex offenses that would be
felonies if committed by an adult; then at the time of
sentencing or dismissal of the case, or successful completion
of supervision, the judge shall inform the delinquent minor of
his or her rights regarding expungement right to petition for
expungement as provided by law, and the clerk of the circuit
court shall provide an expungement information packet to the

delinquent minor, written in plain language, including
information regarding this State's expungement laws and a
petition for expungement, a sample of a completed petition,
expungement instructions that shall include information
informing the minor that (i) once the case is expunged, it
shall be treated as if it never occurred, (ii) he or she may
apply to have petition fees waived, (iii) once he or she
obtains an expungement, he or she may not be required to
disclose that he or she had a juvenile record, and (iv) if
petitioning he or she may file the petition on his or her own
or with the assistance of an attorney. The failure of the judge
to inform the delinquent minor of his or her right to petition
for expungement as provided by law does not create a
substantive right, nor is that failure grounds for: (i) a
reversal of an adjudication of delinquency, (ii) a new trial;
or (iii) an appeal.
(2.7) (Blank). For counties with a population over
3,000,000, the clerk of the circuit court shall send a
"Notification of a Possible Right to Expungement" post card to
the minor at the address last received by the clerk of the
circuit court on the date that the minor attains the age of 18
based on the birthdate provided to the court by the minor or
his or her guardian in cases under paragraphs (b), (c), and (d)
of subsection (1); and when the minor attains the age of 21
based on the birthdate provided to the court by the minor or
his or her guardian in cases under subsection (2).

(2.8) The petition for expungement for subsection (1) and
(2) may include multiple offenses on the same petition and
shall be substantially in the following form:
IN THE CIRCUIT COURT OF ......, ILLINOIS
........ JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 1 AND 2 ))
Now comes ............., petitioner, and respectfully requests
that this Honorable Court enter an order expunging all juvenile
law enforcement and court records of petitioner and in support
thereof states that: Petitioner has attained the age of ....,
his/her birth date being ......, or all Juvenile Court
proceedings terminated as of ......, whichever occurred later.
Petitioner was arrested on ..... by the ....... Police
Department for the offense or offenses of ......., and:
(Check All That Apply:)
( ) a. no petition or petitions were filed with the Clerk of
the Circuit Court.
( ) b. was charged with ...... and was found not delinquent of

the offense or offenses.
( ) c. a petition or petitions were filed and the petition or
petitions were dismissed without a finding of delinquency on
.....
( ) d. on ....... placed under supervision pursuant to Section
5-615 of the Juvenile Court Act of 1987 and such order of
supervision successfully terminated on ........
( ) e. was adjudicated for the offense or offenses, which would
have been a Class B misdemeanor, a Class C misdemeanor, or a
petty offense or business offense if committed by an adult.
( ) f. was adjudicated for a Class A misdemeanor or felony,
except first degree murder or an offense under Article 11 of
the Criminal Code of 2012 if the person is required to register
under the Sex Offender Registration Act, and 2 years have
passed since the case was closed.
Petitioner .... has .... has not been arrested on charges in
this or any county other than the charges listed above. If
petitioner has been arrested on additional charges, please list
the charges below:
Charge(s): ......
Arresting Agency or Agencies: ...........
Disposition/Result: (choose from a. through f e., above): .....
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner to this incident or incidents, and (2) to
order the Clerk of the Court to expunge all records concerning

the petitioner regarding this incident or incidents.
......................
Petitioner (Signature)
..........................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
......................
Petitioner (Signature)
The Petition for Expungement for subsection (2) shall be
substantially in the following form:
IN THE CIRCUIT COURT OF ........, ILLINOIS
........ JUDICIAL CIRCUIT

IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 2))
(Please prepare a separate petition for each offense)
Now comes ............, petitioner, and respectfully requests
that this Honorable Court enter an order expunging all Juvenile
Law Enforcement and Court records of petitioner and in support
thereof states that:
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th birthday and did not
result in proceedings in criminal court and the Petitioner has
not had any convictions for any crime since his/her 18th
birthday; and
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th birthday and the
adjudication was not based upon first-degree murder or sex
offenses which would be felonies if committed by an adult, and
the Petitioner has not had any convictions for any crime since
his/her 18th birthday.
Petitioner was arrested on ...... by the ....... Police

Department for the offense of ........, and:
(Check whichever one occurred the latest:)
( ) a. The Petitioner has attained the age of 21 years, his/her
birthday being .......; or
( ) b. 5 years have elapsed since all juvenile court
proceedings relating to the Petitioner have been terminated; or
the Petitioner's commitment to the Department of Juvenile
Justice pursuant to the expungement of juvenile law enforcement
and court records provisions of the Juvenile Court Act of 1987
has been terminated. Petitioner ...has ...has not been arrested
on charges in this or any other county other than the charge
listed above. If petitioner has been arrested on additional
charges, please list the charges below:
Charge(s): ..........
Arresting Agency or Agencies: .......
Disposition/Result: (choose from a or b, above): ..........
WHEREFORE, the petitioner respectfully requests this Honorable
Court to (1) order all law enforcement agencies to expunge all
records of petitioner related to this incident, and (2) to
order the Clerk of the Court to expunge all records concerning
the petitioner regarding this incident.
.......................
Petitioner (Signature)
......................

Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number
Pursuant to the penalties of perjury under the Code of Civil
Procedure, 735 ILCS 5/1-109, I hereby certify that the
statements in this petition are true and correct, or on
information and belief I believe the same to be true.
......................
Petitioner (Signature)
(3) The chief judge of the circuit in which an arrest was
made or a charge was brought or any judge of that circuit
designated by the chief judge may, upon verified petition of a
person who is the subject of an arrest or a juvenile court
proceeding under subsection (1) or (2) of this Section, order
the law enforcement records or official court file, or both, to
be expunged from the official records of the arresting
authority, the clerk of the circuit court and the Department of
State Police. The person whose records are to be expunged shall
petition the court using the appropriate form containing his or
her current address and shall promptly notify the clerk of the
circuit court of any change of address. Notice of the petition
shall be served upon the State's Attorney or prosecutor charged

with the duty of prosecuting the offense, the Department of
State Police, and the arresting agency or agencies by the clerk
of the circuit court. If an objection is filed within 45 days
of the notice of the petition, the clerk of the circuit court
shall set a date for hearing after the 45-day 45 day objection
period. At the hearing the court shall hear evidence on whether
the expungement should or should not be granted. Unless the
State's Attorney or prosecutor, the Department of State Police,
or an arresting agency objects to the expungement within 45
days of the notice, the court may enter an order granting
expungement. The clerk shall forward a certified copy of the
order to the Department of State Police and deliver a certified
copy of the order to the arresting agency.
(3.1) The Notice of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
NOTICE
TO: State's Attorney

TO: Arresting Agency
................
................
................
................
TO: Illinois State Police
.....................
.....................
ATTENTION: Expungement
You are hereby notified that on ....., at ....., in courtroom
..., located at ..., before the Honorable ..., Judge, or any
judge sitting in his/her stead, I shall then and there present
a Petition to Expunge Juvenile records in the above-entitled
matter, at which time and place you may appear.
......................
Petitioner's Signature
...........................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number

PROOF OF SERVICE
On the ....... day of ......, 20..., I on oath state that I
served this notice and true and correct copies of the
above-checked documents by:
(Check One:)
delivering copies personally to each entity to whom they are
directed;
or
by mailing copies to each entity to whom they are directed by
depositing the same in the U.S. Mail, proper postage fully
prepaid, before the hour of 5:00 p.m., at the United States
Postal Depository located at .................
.........................................
Signature
Clerk of the Circuit Court or Deputy Clerk
Printed Name of Delinquent Minor/Petitioner: ....
Address: ........................................
Telephone Number: ...............................
(3.2) The Order of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)

)
...................)
(Name of Petitioner)
DOB ................
Arresting Agency/Agencies ......
ORDER OF EXPUNGEMENT
(705 ILCS 405/5-915 (SUBSECTION 3))
This matter having been heard on the petitioner's motion and
the court being fully advised in the premises does find that
the petitioner is indigent or has presented reasonable cause to
waive all costs in this matter, IT IS HEREBY ORDERED that:
( ) 1. Clerk of Court and Department of State Police costs
are hereby waived in this matter.
( ) 2. The Illinois State Police Bureau of Identification
and the following law enforcement agencies expunge all records
of petitioner relating to an arrest dated ...... for the
offense of ......
Law Enforcement Agencies:
.........................
.........................
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
Court expunge all records regarding the above-captioned case.
ENTER: ......................
JUDGE

DATED: .......
Name:
Attorney for:
Address: City/State/Zip:
Attorney Number:
(3.3) The Notice of Objection shall be in substantially the
following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
....................... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)
NOTICE OF OBJECTION
TO:(Attorney, Public Defender, Minor)
.................................
.................................
TO:(Illinois State Police)
.................................
.................................
TO:(Clerk of the Court)
.................................
.................................

TO:(Judge)
.................................
.................................
TO:(Arresting Agency/Agencies)
.................................
.................................
ATTENTION: You are hereby notified that an objection has been
filed by the following entity regarding the above-named minor's
petition for expungement of juvenile records:
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; or
( ) Arresting Agency or Agencies.
The agency checked above respectfully requests that this case
be continued and set for hearing on whether the expungement
should or should not be granted.
DATED: .......
Name:
Attorney For:
Address:
City/State/Zip:
Telephone:
Attorney No.:
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
This matter has been set for hearing on the foregoing

objection, on ...... in room ...., located at ....., before the
Honorable ....., Judge, or any judge sitting in his/her stead.
(Only one hearing shall be set, regardless of the number of
Notices of Objection received on the same case).
A copy of this completed Notice of Objection containing the
court date, time, and location, has been sent via regular U.S.
Mail to the following entities. (If more than one Notice of
Objection is received on the same case, each one must be
completed with the court date, time and location and mailed to
the following entities):
( ) Attorney, Public Defender or Minor;
( ) State's Attorney's Office;
( ) Prosecutor (other than State's Attorney's Office) charged
with the duty of prosecuting the offense sought to be expunged;
( ) Department of Illinois State Police; and
( ) Arresting agency or agencies.
Date: ......
Initials of Clerk completing this section: .....
(4)(a) Upon entry of an order expunging records or files,
the offense, which the records or files concern shall be
treated as if it never occurred. Law enforcement officers and
other public offices and agencies shall properly reply on
inquiry that no record or file exists with respect to the
person.
(a-5) Local law enforcement agencies shall send written
notice to the minor of the expungement of any records within 60

days of automatic expungement or the date of service of an
expungement order, whichever applies. If a minor's court file
has been expunged, the clerk of the circuit court shall send
written notice to the minor of the expungement of any records
within 60 days of automatic expungement or the date of service
of an expungement order, whichever applies.
(b) Except with respect to authorized military personnel,
an expunged juvenile record may not be considered by any
private or public entity in employment matters, certification,
licensing, revocation of certification or licensure, or
registration. Applications for employment within the State
must contain specific language that states that the applicant
is not obligated to disclose expunged juvenile records of
adjudication or arrest. Employers may not ask, in any format or
context, if an applicant has had a juvenile record expunged.
Information about an expunged record obtained by a potential
employer, even inadvertently, from an employment application
that does not contain specific language that states that the
applicant is not obligated to disclose expunged juvenile
records of adjudication or arrest, shall be treated as
dissemination of an expunged record by the employer.
(c) A person whose juvenile records have been expunged is
not entitled to remission of any fines, costs, or other money
paid as a consequence of expungement.
(5) (Blank). Records which have not been expunged are
sealed, and may be obtained only under the provisions of

Sections 5-901, 5-905 and 5-915.
(5.5) Whether or not expunged, records eligible for
automatic expungement under subdivision (0.1)(a), (0.2)(a), or
(0.3)(a) may be treated as expunged by the individual subject
to the records.
(6) Nothing in this Section shall be construed to prohibit
the maintenance of information relating to an offense after
records or files concerning the offense have been expunged if
the information is kept in a manner that does not enable
identification of the individual offender. This information
may only be used for anonymous statistical and bona fide
research purposes.
(6.5) The Department of State Police or any employee of the
Department shall be immune from civil or criminal liability for
failure to expunge any records of arrest that are subject to
expungement under subsection (1.5) or (1.6) of this Section
because of inability to verify a record. Nothing in subsection
(1.5) or (1.6) of this Section shall create Department of State
Police liability or responsibility for the expungement of law
enforcement records it does not possess.
(7)(a) The State Appellate Defender shall establish,
maintain, and carry out, by December 31, 2004, a juvenile
expungement program to provide information and assistance to
minors eligible to have their juvenile records expunged.
(b) The State Appellate Defender shall develop brochures,
pamphlets, and other materials in printed form and through the

agency's World Wide Web site. The pamphlets and other materials
shall include at a minimum the following information:
(i) An explanation of the State's juvenile expungement
laws, including both automatic expungement and expungement
by petition process;
(ii) The circumstances under which juvenile
expungement may occur;
(iii) The juvenile offenses that may be expunged;
(iv) The steps necessary to initiate and complete the
juvenile expungement process; and
(v) Directions on how to contact the State Appellate
Defender.
(c) The State Appellate Defender shall establish and
maintain a statewide toll-free telephone number that a person
may use to receive information or assistance concerning the
expungement of juvenile records. The State Appellate Defender
shall advertise the toll-free telephone number statewide. The
State Appellate Defender shall develop an expungement
information packet that may be sent to eligible persons seeking
expungement of their juvenile records, which may include, but
is not limited to, a pre-printed expungement petition with
instructions on how to complete the petition and a pamphlet
containing information that would assist individuals through
the juvenile expungement process.
(d) The State Appellate Defender shall compile a statewide
list of volunteer attorneys willing to assist eligible

individuals through the juvenile expungement process.
(e) This Section shall be implemented from funds
appropriated by the General Assembly to the State Appellate
Defender for this purpose. The State Appellate Defender shall
employ the necessary staff and adopt the necessary rules for
implementation of this Section.
(7.5) (a) Willful dissemination of any information
contained in an expunged record shall be treated as a Class C
misdemeanor and punishable by a fine of $1,000 per violation.
(b) Willful dissemination for financial gain of any
information contained in an expunged record shall be treated as
a Class 4 felony. Dissemination for financial gain by an
employee of any municipal, county, or State agency, including
law enforcement, shall result in immediate termination.
(c) The person whose record was expunged has a right of
action against any person who intentionally disseminates an
expunged record. In the proceeding, punitive damages up to an
amount of $1,000 may be sought in addition to any actual
damages. The prevailing party shall be entitled to costs and
reasonable attorney fees.
(d) The punishments for dissemination of an expunged record
shall never apply to the person whose record was expunged.
(8)(a) An Except with respect to law enforcement agencies,
the Department of Corrections, State's Attorneys, or other
prosecutors, an expunged juvenile record may not be considered
by any private or public entity in employment matters,

certification, licensing, revocation of certification or
licensure, or registration. Applications for employment must
contain specific language that states that the applicant is not
obligated to disclose expunged juvenile records of
adjudication, conviction, or arrest. Employers may not ask if
an applicant has had a juvenile record expunged. Effective
January 1, 2005, the Department of Labor shall develop a link
on the Department's website to inform employers that employers
may not ask if an applicant had a juvenile record expunged and
that application for employment must contain specific language
that states that the applicant is not obligated to disclose
expunged juvenile records of adjudication, arrest, or
conviction.
(b) A person whose juvenile records have been expunged is
not entitled to remission of any fines, costs, or other money
paid as a consequence of expungement. This amendatory Act of
the 93rd General Assembly does not affect the right of the
victim of a crime to prosecute or defend a civil action for
damages.
(c) The expungement of juvenile records under subsections
0.1, 0.2, or 0.3 of this Section Section 5-622 shall be funded
by the additional fine imposed under Section 5-9-1.17 of the
Unified Code of Corrections and additional appropriations made
by the General Assembly for such purpose.
(9) (Blank). The changes made to this Section by Public Act
98-61 apply to law enforcement records of a minor who has been

arrested or taken into custody on or after January 1, 2014 (the
effective date of Public Act 98-61).
(10) (Blank). The changes made in subsection (1.5) of this
Section by this amendatory Act of the 98th General Assembly
apply to law enforcement records of a minor who has been
arrested or taken into custody on or after January 1, 2015. The
changes made in subsection (1.6) of this Section by this
amendatory Act of the 98th General Assembly apply to law
enforcement records of a minor who has been arrested or taken
into custody before January 1, 2015.
(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
9-2-16.)
(705 ILCS 405/5-622 rep.)
Section 10. The Juvenile Court Act of 1987 is amended by
repealing Section 5-622.