Bill Text: IL SB2789 | 2017-2018 | 100th General Assembly | Engrossed
Bill Title: Amends the County Jail Good Behavior Allowance Act. Makes a technical change in a Section concerning the short title.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2019-01-09 - Session Sine Die [SB2789 Detail]
Download: Illinois-2017-SB2789-Engrossed.html
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1 | AN ACT concerning criminal law.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Juvenile Court Act of 1987 is amended by | ||||||
5 | changing Section 5-915 as follows:
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6 | (705 ILCS 405/5-915)
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7 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
8 | court records.
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9 | (0.05) For purposes of this Section : | ||||||
10 | "Dissemination" or "disseminate" means to publish, | ||||||
11 | produce, print, manufacture, distribute, sell, lease, | ||||||
12 | exhibit, broadcast, display, transmit, or otherwise share | ||||||
13 | information in any format so as to make the information | ||||||
14 | accessible to others. | ||||||
15 | "Expunge" means to physically destroy the records and | ||||||
16 | to obliterate the minor's name and juvenile court records | ||||||
17 | from any official index, public record, or electronic | ||||||
18 | database. No evidence of the juvenile court records may be | ||||||
19 | retained by any law enforcement agency, the juvenile court, | ||||||
20 | or by any municipal, county, or State agency or department. | ||||||
21 | Nothing in this Act shall require the physical destruction | ||||||
22 | of the internal office records, files, or databases | ||||||
23 | maintained by a State's Attorney's Office or other |
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1 | prosecutor or by the Office of the Secretary of State. | ||||||
2 | "Juvenile court record" includes, but is not limited | ||||||
3 | to: | ||||||
4 | (a) all documents filed in or maintained by the | ||||||
5 | juvenile court pertaining to a specific incident, | ||||||
6 | proceeding, or individual; | ||||||
7 | (b) all documents relating to a specific incident, | ||||||
8 | proceeding, or individual made available to or maintained | ||||||
9 | by probation officers; | ||||||
10 | (c) all documents, video or audio tapes, | ||||||
11 | photographs, and exhibits admitted into evidence at | ||||||
12 | juvenile court hearings; or | ||||||
13 | (d) all documents, transcripts, records, reports | ||||||
14 | or other evidence prepared by, maintained by, or released | ||||||
15 | by any municipal, county, or State state agency or | ||||||
16 | department, in any format, if indicating involvement with | ||||||
17 | the juvenile court relating to a specific incident, | ||||||
18 | proceeding, or individual. | ||||||
19 | "Law enforcement record" includes , but is not limited | ||||||
20 | to , records of arrest, station adjustments, fingerprints, | ||||||
21 | probation adjustments, the issuance of a notice to appear, | ||||||
22 | or any other records or documents maintained by any law | ||||||
23 | enforcement agency relating to a minor suspected of | ||||||
24 | committing an offense or evidence of interaction with law | ||||||
25 | enforcement . | ||||||
26 | (0.1) (a) The Department of State Police and all law |
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1 | enforcement agencies within the State shall automatically | ||||||
2 | expunge, on or before January 1 of each year, all law | ||||||
3 | enforcement records relating to events occurring before an | ||||||
4 | individual's 18th birthday if: | ||||||
5 | (1) one year or more has elapsed since the date of the | ||||||
6 | arrest or law enforcement interaction documented in the | ||||||
7 | records; | ||||||
8 | (2) no petition for delinquency or criminal charges | ||||||
9 | were filed with the clerk of the circuit court relating to | ||||||
10 | the arrest or law enforcement interaction documented in the | ||||||
11 | records; and | ||||||
12 | (3) 6 months have elapsed without an additional | ||||||
13 | subsequent arrest or filing of a petition for delinquency | ||||||
14 | or criminal charges whether related or not to the arrest or | ||||||
15 | law enforcement interaction documented in the records. | ||||||
16 | (b) If the law enforcement agency is unable to verify | ||||||
17 | satisfaction of conditions (2) and (3) of this subsection | ||||||
18 | (0.1), records that satisfy condition (1) of this subsection | ||||||
19 | (0.1) shall be automatically expunged if the records relate to | ||||||
20 | an offense that if committed by an adult would not be an | ||||||
21 | offense classified as Class 2 felony or higher, an offense | ||||||
22 | under Article 11 of the Criminal Code of 1961 or Criminal Code | ||||||
23 | of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||||||
24 | 12-15, or 12-16 of the Criminal Code of 1961. | ||||||
25 | (0.2) (a) Upon dismissal of a petition alleging delinquency | ||||||
26 | or upon a finding of not delinquent, the successful termination |
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1 | of an order of supervision, or an adjudication for an offense | ||||||
2 | which would be a Class B misdemeanor, Class C misdemeanor, or a | ||||||
3 | petty or business offense if committed by an adult, the court | ||||||
4 | shall automatically order the expungement of the juvenile court | ||||||
5 | and law enforcement records within 60 business days. | ||||||
6 | (b) If the chief law enforcement officer of the agency, or | ||||||
7 | his or her designee, certifies in writing that certain | ||||||
8 | information is needed for a pending investigation involving the | ||||||
9 | commission of a felony, that information, and information | ||||||
10 | identifying the juvenile, may be retained in an intelligence | ||||||
11 | file until the investigation is terminated or for one | ||||||
12 | additional year, whichever is sooner. Retention of a portion of | ||||||
13 | a juvenile's law enforcement record does not disqualify the | ||||||
14 | remainder of his or her record from immediate automatic | ||||||
15 | expungement. | ||||||
16 | (0.3) (a) Upon an adjudication of delinquency based on any | ||||||
17 | offense except a disqualified offense, the juvenile court shall | ||||||
18 | automatically order the expungement of the juvenile records 2 | ||||||
19 | years after the juvenile's case was closed if no delinquency or | ||||||
20 | criminal proceeding is pending and the person has had no | ||||||
21 | subsequent delinquency adjudication or criminal conviction. | ||||||
22 | The court shall automatically order the expungement of the | ||||||
23 | juvenile court and law enforcement records within 60 business | ||||||
24 | days. For the purposes of this subsection (0.3), "disqualified | ||||||
25 | offense" means any of the following offenses: Section 8-1.2, | ||||||
26 | 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, |
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1 | 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, | ||||||
2 | 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, | ||||||
3 | 12-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, | ||||||
4 | 18-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, | ||||||
5 | 24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, | ||||||
6 | 29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal | ||||||
7 | Code of 2012, or subsection (b) of Section 8-1, paragraph (4) | ||||||
8 | of subsection (a) of Section 11-14.4, subsection (a-5) of | ||||||
9 | Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of | ||||||
10 | Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, | ||||||
11 | paragraph (1) or (2) of subsection (a) of Section 12-7.4, | ||||||
12 | subparagraph (i) of paragraph (1) of subsection (a) of Section | ||||||
13 | 12-9, subparagraph (H) of paragraph (3) of subsection (a) of | ||||||
14 | Section 24-1.6, paragraph (1) of subsection (a) of Section | ||||||
15 | 25-1, or subsection (a-7) of Section 31-1 of the Criminal Code | ||||||
16 | of 2012. | ||||||
17 | (b) If the chief law enforcement officer of the agency, or | ||||||
18 | his or her designee, certifies in writing that certain | ||||||
19 | information is needed for a pending investigation involving the | ||||||
20 | commission of a felony, that information, and information | ||||||
21 | identifying the juvenile, may be retained in an intelligence | ||||||
22 | file until the investigation is terminated or for one | ||||||
23 | additional year, whichever is sooner. Retention of a portion of | ||||||
24 | a juvenile's law enforcement record does not disqualify the | ||||||
25 | remainder of his or her record from immediate automatic | ||||||
26 | expungement. |
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1 | (1) Nothing in this subsection (1) precludes an eligible | ||||||
2 | minor from obtaining expungement under subsection subsections | ||||||
3 | (0.1), (0.2), or (0.3). Whenever a person has been arrested, | ||||||
4 | charged, or adjudicated delinquent for an incident occurring | ||||||
5 | before his or her 18th birthday that if committed by an adult | ||||||
6 | would be an offense, and that person's records are not eligible | ||||||
7 | for automatic expungement under subsection subsections (0.1), | ||||||
8 | (0.2), or (0.3), the
person may petition the court at any time | ||||||
9 | for expungement of law
enforcement records and juvenile court | ||||||
10 | records relating to the incident and, upon termination of all | ||||||
11 | juvenile
court proceedings relating to that incident, the court | ||||||
12 | shall order the expungement of all records in the possession of | ||||||
13 | the Department of State Police, the clerk of the circuit court, | ||||||
14 | and law enforcement agencies relating to the incident, but only | ||||||
15 | in any of the following circumstances:
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16 | (a) the minor was arrested and no petition for | ||||||
17 | delinquency was filed with
the clerk of the circuit court; | ||||||
18 | (a-5) the minor was charged with an offense and the | ||||||
19 | petition or petitions were dismissed without a finding of | ||||||
20 | delinquency;
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21 | (b) the minor was charged with an offense and was found | ||||||
22 | not delinquent of
that offense;
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23 | (c) the minor was placed under supervision pursuant to | ||||||
24 | Section 5-615, and
the order of
supervision has since been | ||||||
25 | successfully terminated; or
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26 | (d)
the minor was adjudicated for an offense which |
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1 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
2 | petty or business offense if committed by an adult.
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3 | (1.5) January 1, 2015 (Public Act 98-637) The Department of | ||||||
4 | State Police shall allow a person to use the Access and Review | ||||||
5 | process, established in the Department of State Police, for | ||||||
6 | verifying that his or her law enforcement records relating to | ||||||
7 | incidents occurring before his or her 18th birthday eligible | ||||||
8 | under this Act have been expunged . | ||||||
9 | (1.6) (Blank). January 1, 2015 (Public Act 98-637) January | ||||||
10 | 1, 2015 (Public Act 98-637) | ||||||
11 | (1.7) (Blank). | ||||||
12 | (1.8) (Blank). | ||||||
13 | (2) Any person whose delinquency adjudications are not | ||||||
14 | eligible for automatic expungement under subsection (0.3) of | ||||||
15 | this Section may petition the court to expunge all law | ||||||
16 | enforcement records
relating to any
incidents occurring before | ||||||
17 | his or her 18th birthday which did not result in
proceedings in | ||||||
18 | criminal court and all juvenile court records with respect to
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19 | any adjudications except those based upon first degree
murder | ||||||
20 | or an offense under Article 11 of the Criminal Code of 2012 if | ||||||
21 | the person is required to register under the Sex Offender | ||||||
22 | Registration Act; provided that:
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23 | (a) (blank); or
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24 | (b) 2 years have elapsed since all juvenile court | ||||||
25 | proceedings relating to
him or her have been terminated and | ||||||
26 | his or her commitment to the Department of
Juvenile Justice
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1 | under this Act has been terminated.
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2 | (2.5) If a minor is arrested and no petition for | ||||||
3 | delinquency is filed with the clerk of the circuit court at the | ||||||
4 | time the minor is released from custody, the youth officer, if | ||||||
5 | applicable, or other designated person from the arresting | ||||||
6 | agency, shall notify verbally and in writing to the minor or | ||||||
7 | the minor's parents or guardians that the minor shall have an | ||||||
8 | arrest record and shall provide the minor and the minor's | ||||||
9 | parents or guardians with an expungement information packet, | ||||||
10 | information regarding this State's expungement laws including | ||||||
11 | a petition to expunge juvenile records obtained from the clerk | ||||||
12 | of the circuit court. | ||||||
13 | (2.6) If a minor is referred to court then at the time of | ||||||
14 | sentencing or dismissal of the case, or successful completion | ||||||
15 | of supervision, the judge shall inform the delinquent minor of | ||||||
16 | his or her rights regarding expungement and the clerk of the | ||||||
17 | circuit court shall provide an expungement information packet | ||||||
18 | to the minor, written in plain language, including information | ||||||
19 | regarding this State's expungement laws and a petition for | ||||||
20 | expungement, a sample of a completed petition, expungement | ||||||
21 | instructions that shall include information informing the | ||||||
22 | minor that (i) once the case is expunged, it shall be treated | ||||||
23 | as if it never occurred, (ii) he or she may apply to have | ||||||
24 | petition fees waived, (iii) once he or she obtains an | ||||||
25 | expungement, he or she may not be required to disclose that he | ||||||
26 | or she had a juvenile record, and (iv) if petitioning he or she |
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1 | may file the petition on his or her own or with the assistance | ||||||
2 | of an attorney. The failure of the judge to inform the | ||||||
3 | delinquent minor of his or her right to petition for | ||||||
4 | expungement as provided by law does not create a substantive | ||||||
5 | right, nor is that failure grounds for: (i) a reversal of an | ||||||
6 | adjudication of delinquency, (ii) a new trial; or (iii) an | ||||||
7 | appeal. | ||||||
8 | (2.7) (Blank). | ||||||
9 | (2.8) The petition for expungement for subsection (1) and | ||||||
10 | (2) may include multiple offenses on the same petition and | ||||||
11 | shall be substantially in the following form: | ||||||
12 | IN THE CIRCUIT COURT OF ......, ILLINOIS
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13 | ........ JUDICIAL CIRCUIT
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14 | IN THE INTEREST OF ) NO.
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15 | )
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16 | )
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17 | ...................)
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18 | (Name of Petitioner)
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19 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
20 | (705 ILCS 405/5-915 (SUBSECTION 1 AND 2)) | ||||||
21 | Now comes ............., petitioner, and respectfully requests
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22 | that this Honorable Court enter an order expunging all juvenile | ||||||
23 | law enforcement and court records of petitioner and in support | ||||||
24 | thereof states that:
Petitioner was arrested on ..... by the |
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1 | ....... Police Department for the offense or offenses of | ||||||
2 | ......., and:
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3 | (Check All That Apply:)
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4 | ( ) a. no petition or petitions were filed with the Clerk of | ||||||
5 | the Circuit Court. | ||||||
6 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
7 | the offense or offenses. | ||||||
8 | ( ) c. a petition or petitions were filed and the petition or | ||||||
9 | petitions were dismissed without a finding of delinquency on | ||||||
10 | ..... | ||||||
11 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
12 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
13 | supervision successfully terminated on ........ | ||||||
14 | ( ) e. was adjudicated for the offense or offenses, which would | ||||||
15 | have been a Class B misdemeanor, a Class C misdemeanor, or a | ||||||
16 | petty offense or business offense if committed by an adult. | ||||||
17 | ( ) f. was adjudicated for a Class A misdemeanor or felony, | ||||||
18 | except first degree murder or an offense under Article 11 of | ||||||
19 | the Criminal Code of 2012 if the person is required to register | ||||||
20 | under the Sex Offender Registration Act, and 2 years have | ||||||
21 | passed since the case was closed.
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22 | Petitioner .... has .... has not been arrested on charges in | ||||||
23 | this or any county other than the charges listed above. If | ||||||
24 | petitioner has been arrested on additional charges, please list | ||||||
25 | the charges below:
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26 | Charge(s): ...... |
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1 | Arresting Agency or Agencies: ........... | ||||||
2 | Disposition/Result: (choose from a. through f., above): .....
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3 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
4 | Court to (1) order all law enforcement agencies to expunge all | ||||||
5 | records of petitioner to this incident or incidents, and (2) to | ||||||
6 | order the Clerk of the Court to expunge all records concerning | ||||||
7 | the petitioner regarding this incident or incidents.
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8 | ......................
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9 | Petitioner (Signature)
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10 | ..........................
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11 | Petitioner's Street Address | ||||||
12 | .....................
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13 | City, State, Zip Code | ||||||
14 | ............................. | ||||||
15 | Petitioner's Telephone Number | ||||||
16 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
17 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
18 | statements in this petition are true and correct, or on | ||||||
19 | information and belief I believe the same to be true.
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20 | ...................... |
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1 | Petitioner (Signature)
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2 | first degree | ||||||
3 | (3) The chief judge of the circuit in which an arrest was | ||||||
4 | made or a charge
was brought or any
judge of that circuit | ||||||
5 | designated by the chief judge
may, upon verified petition
of a | ||||||
6 | person who is the subject of an arrest or a juvenile court | ||||||
7 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
8 | the law enforcement
records or official court file, or both, to | ||||||
9 | be expunged from the official
records of the arresting | ||||||
10 | authority, the clerk of the circuit court and the
Department of | ||||||
11 | State Police. The person whose records are to be expunged shall | ||||||
12 | petition the court using the appropriate form containing his or | ||||||
13 | her current address and shall promptly notify the clerk of the | ||||||
14 | circuit court of any change of address. Notice
of the petition | ||||||
15 | shall be served upon the State's Attorney or prosecutor charged | ||||||
16 | with the duty of prosecuting the offense, the Department of | ||||||
17 | State Police, and the arresting agency or agencies by the clerk | ||||||
18 | of the circuit court. If an objection is filed within 45
days | ||||||
19 | of the notice of the petition, the clerk of the circuit court | ||||||
20 | shall set a date for hearing after the 45-day objection period. | ||||||
21 | At the hearing the court shall hear evidence on whether the | ||||||
22 | expungement should or should not be granted. Unless the State's | ||||||
23 | Attorney or prosecutor, the Department of State Police, or an | ||||||
24 | arresting agency objects to the expungement within 45
days of | ||||||
25 | the notice, the court may enter an order granting expungement. | ||||||
26 | The clerk shall forward a certified copy of the order to the |
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1 | Department of State Police and deliver a certified copy of the | ||||||
2 | order to the arresting agency.
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3 | (3.1) The Notice of Expungement shall be in substantially | ||||||
4 | the following form: | ||||||
5 | IN THE CIRCUIT COURT OF ....., ILLINOIS
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6 | .... JUDICIAL CIRCUIT
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7 | IN THE INTEREST OF ) NO.
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8 | )
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9 | )
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10 | ...................)
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11 | (Name of Petitioner)
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12 | NOTICE
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13 | TO: State's Attorney
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14 | TO: Arresting Agency
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15 |
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16 | ................
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17 | ................
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18 |
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19 | ................
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20 | ................
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21 | TO: Illinois State Police
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22 |
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23 | .....................
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24 |
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1 | .....................
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2 | ATTENTION: Expungement
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3 | You are hereby notified that on ....., at ....., in courtroom | ||||||
4 | ..., located at ..., before the Honorable ..., Judge, or any | ||||||
5 | judge sitting in his/her stead, I shall then and there present | ||||||
6 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
7 | matter, at which time and place you may appear. | ||||||
8 | ...................... | ||||||
9 | Petitioner's Signature | ||||||
10 | ...........................
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11 | Petitioner's Street Address | ||||||
12 | .....................
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13 | City, State, Zip Code | ||||||
14 | ............................. | ||||||
15 | Petitioner's Telephone Number | ||||||
16 | PROOF OF SERVICE
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17 | On the ....... day of ......, 20..., I on oath state that I | ||||||
18 | served this notice and true and correct copies of the | ||||||
19 | above-checked documents by: | ||||||
20 | (Check One:) | ||||||
21 | delivering copies personally to each entity to whom they are | ||||||
22 | directed; | ||||||
23 | or | ||||||
24 | by mailing copies to each entity to whom they are directed by | ||||||
25 | depositing the same in the U.S. Mail, proper postage fully | ||||||
26 | prepaid, before the hour of 5:00 p.m., at the United States |
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1 | Postal Depository located at ................. | ||||||
2 | .........................................
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3 |
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4 | Signature | ||||||
5 | Clerk of the Circuit Court or Deputy Clerk | ||||||
6 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
7 | Address: ........................................ | ||||||
8 | Telephone Number: ............................... | ||||||
9 | (3.2) The Order of Expungement shall be in substantially | ||||||
10 | the following form: | ||||||
11 | IN THE CIRCUIT COURT OF ....., ILLINOIS
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12 | .... JUDICIAL CIRCUIT
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13 | IN THE INTEREST OF ) NO.
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14 | )
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15 | )
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16 | ...................)
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17 | (Name of Petitioner)
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18 | DOB ................ | ||||||
19 | Arresting Agency/Agencies ...... | ||||||
20 | ORDER OF EXPUNGEMENT
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21 | (705 ILCS 405/5-915 (SUBSECTION 3))
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22 | This matter having been heard on the petitioner's motion and | ||||||
23 | the court being fully advised in the premises does find that | ||||||
24 | the petitioner is indigent or has presented reasonable cause to |
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1 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
2 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
3 | are hereby waived in this matter. | ||||||
4 | ( ) 2. The Illinois State Police Bureau of Identification | ||||||
5 | and the following law enforcement agencies expunge all records | ||||||
6 | of petitioner relating to an arrest dated ...... for the | ||||||
7 | offense of ...... | ||||||
8 | Law Enforcement Agencies:
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9 | .........................
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10 | .........................
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11 | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||||||
12 | Court expunge all records regarding the above-captioned case. | ||||||
13 | ENTER: ......................
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14 |
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15 | JUDGE | ||||||
16 | DATED: ....... | ||||||
17 | Name:
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18 | Attorney for:
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19 | Address:
City/State/Zip:
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20 | Attorney Number: | ||||||
21 | (3.3) The Notice of Objection shall be in substantially the | ||||||
22 | following form: | ||||||
23 | IN THE CIRCUIT COURT OF ....., ILLINOIS
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24 | ....................... JUDICIAL CIRCUIT
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25 | IN THE INTEREST OF ) NO.
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1 | )
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2 | )
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3 | ...................)
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4 | (Name of Petitioner)
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5 | NOTICE OF OBJECTION
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6 | TO:(Attorney, Public Defender, Minor)
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7 | .................................
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8 | .................................
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9 | TO:(Illinois State Police)
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10 | .................................
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11 | ................................. | ||||||
12 | TO:(Clerk of the Court)
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13 | .................................
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14 | .................................
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15 | TO:(Judge)
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16 | .................................
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17 | .................................
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18 | TO:(Arresting Agency/Agencies)
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19 | .................................
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20 | ................................. | ||||||
21 | ATTENTION:
You are hereby notified that an objection has been | ||||||
22 | filed by the following entity regarding the above-named minor's | ||||||
23 | petition for expungement of juvenile records: | ||||||
24 | ( ) State's Attorney's Office;
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25 | ( ) Prosecutor (other than State's Attorney's Office) charged |
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1 | with the duty of prosecuting the offense sought to be expunged;
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2 | ( ) Department of Illinois State Police; or
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3 | ( ) Arresting Agency or Agencies.
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4 | The agency checked above respectfully requests that this case | ||||||
5 | be continued and set for hearing on whether the expungement | ||||||
6 | should or should not be granted.
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7 | DATED: ....... | ||||||
8 | Name: | ||||||
9 | Attorney For:
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10 | Address: | ||||||
11 | City/State/Zip:
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12 | Telephone:
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13 | Attorney No.:
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14 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
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15 | This matter has been set for hearing on the foregoing | ||||||
16 | objection, on ...... in room ...., located at ....., before the | ||||||
17 | Honorable ....., Judge, or any judge sitting in his/her stead.
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18 | (Only one hearing shall be set, regardless of the number of | ||||||
19 | Notices of Objection received on the same case).
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20 | A copy of this completed Notice of Objection containing the | ||||||
21 | court date, time, and location, has been sent via regular U.S. | ||||||
22 | Mail to the following entities. (If more than one Notice of | ||||||
23 | Objection is received on the same case, each one must be | ||||||
24 | completed with the court date, time and location and mailed to | ||||||
25 | the following entities):
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26 | ( ) Attorney, Public Defender or Minor;
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1 | ( ) State's Attorney's Office; | ||||||
2 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
3 | with the duty of prosecuting the offense sought to be expunged; | ||||||
4 | ( ) Department of Illinois State Police; and | ||||||
5 | ( ) Arresting agency or agencies.
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6 | Date: ...... | ||||||
7 | Initials of Clerk completing this section: .....
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8 | (4)(a) Upon entry of an order expunging records or files, | ||||||
9 | the offense, which
the records or files concern shall be | ||||||
10 | treated as if it never occurred. Law
enforcement officers and | ||||||
11 | other public offices and agencies shall properly reply
on | ||||||
12 | inquiry that no record or file exists with respect to the
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13 | person.
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14 | (a-5) Local law enforcement agencies shall send written | ||||||
15 | notice to the minor of the expungement of any records within 60 | ||||||
16 | days of automatic expungement or the date of service of an | ||||||
17 | expungement order, whichever applies. If a minor's court file | ||||||
18 | has been expunged, the clerk of the circuit court shall send | ||||||
19 | written notice to the minor of the expungement of any records | ||||||
20 | within 60 days of automatic expungement or the date of service | ||||||
21 | of an expungement order, whichever applies. | ||||||
22 | (b) Except with respect to authorized military personnel, | ||||||
23 | an expunged juvenile record may not be considered by any | ||||||
24 | private or public entity in employment matters, certification, | ||||||
25 | licensing, revocation of certification or licensure, or | ||||||
26 | registration. Applications for employment within the State |
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1 | must contain specific language that states that the applicant | ||||||
2 | is not obligated to disclose expunged juvenile records of | ||||||
3 | adjudication or arrest. Employers may not ask, in any format or | ||||||
4 | context, if an applicant has had a juvenile record expunged. | ||||||
5 | Information about an expunged record obtained by a potential | ||||||
6 | employer, even inadvertently, from an employment application | ||||||
7 | that does not contain specific language that states that the | ||||||
8 | applicant is not obligated to disclose expunged juvenile | ||||||
9 | records of adjudication or arrest, shall be treated as | ||||||
10 | dissemination of an expunged record by the employer. | ||||||
11 | (c) A person whose juvenile records have been expunged is | ||||||
12 | not entitled to remission of any fines, costs, or other money | ||||||
13 | paid as a consequence of expungement. | ||||||
14 | (5) (Blank). ,
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15 | (5.5) Whether or not expunged, records eligible for | ||||||
16 | automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||||||
17 | (0.3)(a) may be treated as expunged by the individual subject | ||||||
18 | to the records. | ||||||
19 | (6) Nothing in this Section shall be construed to prohibit | ||||||
20 | the maintenance
of information relating to an offense after | ||||||
21 | records or files concerning the
offense have been expunged if | ||||||
22 | the information is kept in a manner that does not
enable | ||||||
23 | identification of the individual. This information may only be | ||||||
24 | used for anonymous
statistical and bona fide research purposes. | ||||||
25 | (6.5) The Department of State Police or any employee of the | ||||||
26 | Department shall be immune from civil or criminal liability for |
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1 | failure to expunge any records of arrest that are subject to | ||||||
2 | expungement under this Section because of inability to verify a | ||||||
3 | record. Nothing in this Section shall create Department of | ||||||
4 | State Police liability or responsibility for the expungement of | ||||||
5 | law enforcement records it does not possess. | ||||||
6 | (7)(a) The State Appellate Defender shall establish, | ||||||
7 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
8 | expungement program
to provide information and assistance to | ||||||
9 | minors eligible to have their juvenile records expunged.
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10 | (b) The State Appellate Defender shall develop brochures, | ||||||
11 | pamphlets, and
other
materials in
printed form and through the | ||||||
12 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
13 | shall
include at a minimum the following information:
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14 | (i) An explanation of the State's juvenile expungement | ||||||
15 | laws, including both automatic expungement and expungement | ||||||
16 | by petition; | ||||||
17 | (ii) The circumstances under which juvenile | ||||||
18 | expungement may occur; | ||||||
19 | (iii) The juvenile offenses that may be expunged; | ||||||
20 | (iv) The steps necessary to initiate and complete the | ||||||
21 | juvenile expungement process;
and | ||||||
22 | (v) Directions on how to contact the State Appellate | ||||||
23 | Defender. | ||||||
24 | (c) The State Appellate Defender shall establish and | ||||||
25 | maintain a statewide
toll-free telephone
number that a person | ||||||
26 | may use to receive information or assistance concerning
the |
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1 | expungement of juvenile records. The State Appellate
Defender | ||||||
2 | shall advertise
the toll-free telephone number statewide. The | ||||||
3 | State Appellate Defender shall
develop an expungement
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4 | information packet that may be sent to eligible persons seeking | ||||||
5 | expungement of
their juvenile records,
which may include, but | ||||||
6 | is not limited to, a pre-printed expungement petition
with | ||||||
7 | instructions on how
to complete the petition and a pamphlet | ||||||
8 | containing information that would
assist individuals through
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9 | the juvenile expungement process. | ||||||
10 | (d) The State Appellate Defender shall compile a statewide | ||||||
11 | list of volunteer
attorneys willing
to assist eligible | ||||||
12 | individuals through the juvenile expungement process. | ||||||
13 | (e) This Section shall be implemented from funds | ||||||
14 | appropriated by the General
Assembly to the State
Appellate | ||||||
15 | Defender
for this purpose. The State Appellate Defender shall | ||||||
16 | employ the necessary staff
and adopt the
necessary rules for | ||||||
17 | implementation of this Section. | ||||||
18 | (7.5) (a) Willful dissemination of any information | ||||||
19 | contained in an expunged record shall be treated as a Class C | ||||||
20 | misdemeanor and punishable by a fine of $1,000 per violation. | ||||||
21 | (b) Willful dissemination for financial gain of any | ||||||
22 | information contained in an expunged record shall be treated as | ||||||
23 | a Class 4 felony. Dissemination for financial gain by an | ||||||
24 | employee of any municipal, county, or State agency, including | ||||||
25 | law enforcement, shall result in immediate termination. | ||||||
26 | (c) The person whose record was expunged has a right of |
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1 | action against any person who intentionally disseminates an | ||||||
2 | expunged record. In the proceeding, punitive damages up to an | ||||||
3 | amount of $1,000 may be sought in addition to any actual | ||||||
4 | damages. The prevailing party shall be entitled to costs and | ||||||
5 | reasonable attorney fees. | ||||||
6 | (d) The punishments for dissemination of an expunged record | ||||||
7 | shall never apply to the person whose record was expunged. | ||||||
8 | (8)(a) An expunged juvenile record may not be considered by | ||||||
9 | any private or public entity in employment matters, | ||||||
10 | certification, licensing, revocation of certification or | ||||||
11 | licensure, or registration. Applications for employment must | ||||||
12 | contain specific language that states that the applicant is not | ||||||
13 | obligated to disclose expunged juvenile records of | ||||||
14 | adjudication, conviction, or arrest. Employers may not ask if | ||||||
15 | an applicant has had a juvenile record expunged. Effective | ||||||
16 | January 1, 2005, the Department of Labor shall develop a link | ||||||
17 | on the Department's website to inform employers that employers | ||||||
18 | may not ask if an applicant had a juvenile record expunged and | ||||||
19 | that application for employment must contain specific language | ||||||
20 | that states that the applicant is not obligated to disclose | ||||||
21 | expunged juvenile records of adjudication, arrest, or | ||||||
22 | conviction. | ||||||
23 | (b) (Blank). Public Act 93-912 | ||||||
24 | (c) The expungement of juvenile records under subsection | ||||||
25 | subsections 0.1, 0.2, or 0.3 of this Section shall be funded by | ||||||
26 | the additional fine imposed under Section 5-9-1.17 of the |
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1 | Unified Code of Corrections. | ||||||
2 | (9) (Blank). | ||||||
3 | (10) (Blank). Public Act 98-637 Public Act 98-637 | ||||||
4 | (Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; | ||||||
5 | 100-201, eff. 8-18-17; 100-285, eff. 1-1-18; revised | ||||||
6 | 10-10-17.)
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