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1 AN ACT concerning courts.

2 Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:

4 Section 5. The Juvenile Court Act of 1987 is amended by 
5changing Section 5-915 as follows:

6 (705 ILCS 405/5-915)
7 Sec. 5-915. Expungement of juvenile law enforcement and 
8juvenile court records. 
9 (0.05) (Blank).
10 (0.1)(a) The Illinois State Police and all law enforcement 
11agencies within the State shall automatically expunge, on or 
12before January 1 of each year, except as described in 
13paragraph (c) of this subsection (0.1), all juvenile law 
14enforcement records relating to events occurring before an 
15individual's 18th birthday if:
16  (1) one year or more has elapsed since the date of the 
17 arrest or law enforcement interaction documented in the 
18 records;
19  (2) no petition for delinquency or criminal charges 
20 were filed with the clerk of the circuit court relating to 
21 the arrest or law enforcement interaction documented in 
22 the records; and
23  (3) 6 months have elapsed since the date of the arrest 
 
 
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1 without an additional subsequent arrest or filing of a 
2 petition for delinquency or criminal charges whether 
3 related or not to the arrest or law enforcement 
4 interaction documented in the records.
5 (b) If the law enforcement agency is unable to verify 
6satisfaction of conditions (2) and (3) of this subsection 
7(0.1), records that satisfy condition (1) of this subsection 
8(0.1) shall be automatically expunged if the records relate to 
9an offense that if committed by an adult would not be an 
10offense classified as a Class 2 felony or higher, an offense 
11under Article 11 of the Criminal Code of 1961 or Criminal Code 
12of 2012, or an offense under Section 12-13, 12-14, 12-14.1, 
1312-15, or 12-16 of the Criminal Code of 1961. 
14 (c) If the juvenile law enforcement record was received 
15through a public submission to a statewide student 
16confidential reporting system administered by the Illinois 
17State Police, the record will be maintained for a period of 5 
18years according to all other provisions in this subsection 
19(0.1). 
20 (0.15) If a juvenile law enforcement record meets 
21paragraph (a) of subsection (0.1) of this Section, a juvenile 
22law enforcement record created:
23  (1) prior to January 1, 2018, but on or after January 
24 1, 2013 shall be automatically expunged prior to January 
25 1, 2020; 
26  (2) prior to January 1, 2013, but on or after January 
 
 
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1 1, 2000, shall be automatically expunged prior to January 
2 1, 2023; and 
3  (3) prior to January 1, 2000 shall not be subject to 
4 the automatic expungement provisions of this Act. 
5 Nothing in this subsection (0.15) shall be construed to 
6restrict or modify an individual's right to have the person's 
7juvenile law enforcement records expunged except as otherwise 
8may be provided in this Act. 
9 (0.2)(a) Upon dismissal of a petition alleging delinquency 
10or upon a finding of not delinquent, the successful 
11termination of an order of supervision, or the successful 
12termination of an adjudication for an offense which would be a 
13Class B misdemeanor, Class C misdemeanor, or a petty or 
14business offense if committed by an adult, the court shall 
15automatically order the expungement of the juvenile court 
16records and juvenile law enforcement records. The clerk shall 
17deliver a certified copy of the expungement order to the 
18Illinois State Police and the arresting agency. Upon request, 
19the State's Attorney shall furnish the name of the arresting 
20agency. The expungement shall be completed within 60 business 
21days after the receipt of the expungement order.
22 (b) If the chief law enforcement officer of the agency, or 
23the chief law enforcement officer's designee, certifies in 
24writing that certain information is needed for a pending 
25investigation involving the commission of a felony, that 
26information, and information identifying the juvenile, may be 
 
 
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1retained until the statute of limitations for the felony has 
2run. If the chief law enforcement officer of the agency, or the 
3chief law enforcement officer's designee, certifies in writing 
4that certain information is needed with respect to an internal 
5investigation of any law enforcement office, that information 
6and information identifying the juvenile may be retained 
7within an intelligence file until the investigation is 
8terminated or the disciplinary action, including appeals, has 
9been completed, whichever is later. Retention of a portion of 
10a juvenile's law enforcement record does not disqualify the 
11remainder of a juvenile's record from immediate automatic 
12expungement.
13 (0.3)(a) Upon an adjudication of delinquency based on any 
14offense except a disqualified offense, the juvenile court 
15shall automatically order the expungement of the juvenile 
16court and law enforcement records 2 years after the juvenile's 
17case was closed if no delinquency or criminal proceeding is 
18pending and the person has had no subsequent delinquency 
19adjudication or criminal conviction. On the date that the 
20minor's sentence ends or the date that the court enters an 
21order committing the minor to the Department of Juvenile 
22Justice, the juvenile court judge shall schedule a date to 
23enter the automatic expungement order. The minor must be 
24notified but shall not be required to be present for the 
25scheduled court date when automatic expungement is to be 
26ordered. If the minor is not yet eligible on the originally 
 
 
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1scheduled date, the court shall schedule a subsequent date to 
2enter the automatic expungement order. The clerk shall deliver 
3a certified copy of the expungement order to the Illinois 
4State Police and the arresting agency. Upon request, the 
5State's Attorney shall furnish the name of the arresting 
6agency. The expungement shall be completed within 60 business 
7days after the receipt of the expungement order. In this 
8subsection (0.3), "disqualified offense" means any of the 
9following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 
109-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 
1111-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 
1212-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 
1312-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 
1418-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 
1524-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 
1629D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal 
17Code of 2012, or subsection (b) of Section 8-1, paragraph (4) 
18of subsection (a) of Section 11-14.4, subsection (a-5) of 
19Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) 
20of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3, 
21paragraph (1) or (2) of subsection (a) of Section 12-7.4, 
22subparagraph (i) of paragraph (1) of subsection (a) of Section 
2312-9, subparagraph (H) of paragraph (3) of subsection (a) of 
24Section 24-1.6, paragraph (1) of subsection (a) of Section 
2525-1, or subsection (a-7) of Section 31-1 of the Criminal Code 
26of 2012. 
 
 
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1 (b) If the chief law enforcement officer of the agency, or 
2the chief law enforcement officer's designee, certifies in 
3writing that certain information is needed for a pending 
4investigation involving the commission of a felony, that 
5information, and information identifying the juvenile, may be 
6retained in an intelligence file until the investigation is 
7terminated or for one additional year, whichever is sooner. 
8Retention of a portion of a juvenile's juvenile law 
9enforcement record does not disqualify the remainder of a 
10juvenile's record from immediate automatic expungement. 
11 (0.4) Automatic expungement for the purposes of this 
12Section shall not require law enforcement agencies to 
13obliterate or otherwise destroy juvenile law enforcement 
14records that would otherwise need to be automatically expunged 
15under this Act, except after 2 years following the subject 
16arrest for purposes of use in civil litigation against a 
17governmental entity or its law enforcement agency or personnel 
18which created, maintained, or used the records. However, these 
19juvenile law enforcement records shall be considered expunged 
20for all other purposes during this period and the offense, 
21which the records or files concern, shall be treated as if it 
22never occurred as required under Section 5-923. 
23 (0.5) Subsection (0.1) or (0.2) of this Section does not 
24apply to violations of traffic, boating, fish and game laws, 
25or county or municipal ordinances. 
26 (0.6) Juvenile law enforcement records of a plaintiff who 
 
 
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1has filed civil litigation against the governmental entity or 
2its law enforcement agency or personnel that created, 
3maintained, or used the records, or juvenile law enforcement 
4records that contain information related to the allegations 
5set forth in the civil litigation may not be expunged until 
6after 2 years have elapsed after the conclusion of the 
7lawsuit, including any appeal. 
8 (0.7) Officer-worn body camera recordings shall not be 
9automatically expunged except as otherwise authorized by the 
10Law Enforcement Officer-Worn Body Camera Act. 
11 (1) Whenever a person has been arrested, charged, or 
12adjudicated delinquent for an incident occurring before a 
13person's 18th birthday that if committed by an adult would be 
14an offense, and that person's juvenile law enforcement and 
15juvenile court records are not eligible for automatic 
16expungement under subsection (0.1), (0.2), or (0.3), the 
17person may petition the court at any time at no cost to the 
18person for expungement of juvenile law enforcement records and 
19juvenile court records relating to the incident and, upon 
20termination of all juvenile court proceedings relating to that 
21incident, the court shall order the expungement of all records 
22in the possession of the Illinois State Police, the clerk of 
23the circuit court, and law enforcement agencies relating to 
24the incident, but only in any of the following circumstances:
25  (a) the minor was arrested and no petition for 
26 delinquency was filed with the clerk of the circuit court;
 
 
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1  (a-5) the minor was charged with an offense and the 
2 petition or petitions were dismissed without a finding of 
3 delinquency; 
4  (b) the minor was charged with an offense and was 
5 found not delinquent of that offense;
6  (c) the minor was placed under supervision under 
7 Section 5-615, and the order of supervision has since been 
8 successfully terminated; or
9  (d) the minor was adjudicated for an offense which 
10 would be a Class B misdemeanor, Class C misdemeanor, or a 
11 petty or business offense if committed by an adult.
12 (1.5) At no cost to the person, the Illinois State Police 
13shall allow a person to use the Access and Review process, 
14established in the Illinois State Police, for verifying that 
15the person's juvenile law enforcement records relating to 
16incidents occurring before the person's 18th birthday eligible 
17under this Act have been expunged. 
18 (1.6) (Blank).
19 (1.7) (Blank).
20 (1.8) (Blank). 
21 (2) Any person whose delinquency adjudications are not 
22eligible for automatic expungement under subsection (0.3) of 
23this Section may petition the court at no cost to the person to 
24expunge all juvenile law enforcement records relating to any 
25incidents occurring before the person's 18th birthday which 
26did not result in proceedings in criminal court and all 
 
 
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1juvenile court records with respect to any adjudications 
2except those based upon first degree murder or an offense 
3under Article 11 of the Criminal Code of 2012 if the person is 
4required to register under the Sex Offender Registration Act 
5at the time the person petitions the court for expungement; 
6provided that 2 years have elapsed since all juvenile court 
7proceedings relating to the person have been terminated and 
8the person's commitment to the Department of Juvenile Justice 
9under this Act has been terminated.
10 (2.5) If a minor is arrested and no petition for 
11delinquency is filed with the clerk of the circuit court at the 
12time the minor is released from custody, the youth officer, if 
13applicable, or other designated person from the arresting 
14agency, shall notify verbally and in writing to the minor or 
15the minor's parents or guardians that the minor shall have an 
16arrest record and shall provide the minor and the minor's 
17parents or guardians with an expungement information packet, 
18information regarding this State's expungement laws including 
19a petition to expunge juvenile law enforcement and juvenile 
20court records obtained from the clerk of the circuit court.
21 (2.6) If a minor is referred to court, then, at the time of 
22sentencing, dismissal of the case, or successful completion of 
23supervision, the judge shall inform the delinquent minor of 
24the minor's rights regarding expungement and the clerk of the 
25circuit court shall provide an expungement information packet 
26to the minor, written in plain language, including information 
 
 
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1regarding this State's expungement laws and a petition for 
2expungement, a sample of a completed petition, expungement 
3instructions that shall include information informing the 
4minor that (i) once the case is expunged, it shall be treated 
5as if it never occurred, (ii) the minor shall not be charged a 
6fee to petition for expungement, (iii) once the minor obtains 
7an expungement, the minor may not be required to disclose that 
8the minor had a juvenile law enforcement or juvenile court 
9record, and (iv) if petitioning the minor may file the 
10petition on the minor's own or with the assistance of an 
11attorney. The failure of the judge to inform the delinquent 
12minor of the minor's right to petition for expungement as 
13provided by law does not create a substantive right, nor is 
14that failure grounds for: (i) a reversal of an adjudication of 
15delinquency; (ii) a new trial; or (iii) an appeal.
16 (2.7) (Blank).
17 (2.8) (Blank).
18 (3) (Blank). 
19 (3.1) (Blank).
20 (3.2) (Blank).
21 (3.3) (Blank).
22 (4) (Blank). 
23 (5) (Blank).
24 (5.5) Whether or not expunged, records eligible for 
25automatic expungement under subdivision (0.1)(a), (0.2)(a), or 
26(0.3)(a) may be treated as expunged by the individual subject 
 
 
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