Bill Text: IL SB3636 | 2011-2012 | 97th General Assembly | Amended

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Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the general purposes of the Code.

Sponsorship: Moderate Partisan Bill (Democrat 4-1)

Status: (Failed) 2013-01-08 - Session Sine Die [SB3636 Detail]

Download: Illinois-2011-SB3636-Amended.html

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Sen. Kwame Raoul

Filed: 2/28/2012

09700SB3636sam001 LRB097 19975 RLC 66124 a
AMENDMENT TO SENATE BILL 3636
AMENDMENT NO. ______. Amend Senate Bill 3636 by replacing
everything after the enacting clause with the following:
"Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-915 as follows:
(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:
"Expunge" means to physically destroy the records and
to obliterate the minor's name from any official index or
public record, or both. 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.
"Law enforcement record" includes but is not limited to

09700SB3636sam001 - 2 - LRB097 19975 RLC 66124 a
records of arrest, station adjustments, fingerprints,
probation adjustments, the issuance of a notice to appear,
or any other records maintained by a law enforcement agency
relating to a minor suspected of committing an offense.
(0.06) Expungement proceedings shall be initiated by the
filing of a petition requesting an order of expungement, in
juvenile court. No filing fee shall be required.
(0.07) There shall be no waiting period to petition for the
expungement of law enforcement or juvenile court records
relating to incidents occurring before a person's 18th birthday
in the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court;
or
(b) the minor was charged with an offense and was found
not delinquent of that offense.
(1) If a person does not petition to expunge his or her law
enforcement or court records, or both, under subsection (0.07),
whenever Whenever any person has attained the age of 18 17 or
whenever all juvenile court proceedings relating to that person
have been terminated, whichever is later, the person may
petition the court to expunge law enforcement records relating
to incidents occurring before his or her 18th 17th birthday or
his or her juvenile court records, or both, but only in the
following circumstances:
(a) the minor was arrested and no petition for

09700SB3636sam001 - 3 - LRB097 19975 RLC 66124 a
delinquency was filed with the clerk of the circuit court;
or
(b) the minor was charged with an offense and was found
not delinquent of that offense; or
(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.
(2) Any person may petition the court to expunge all law
enforcement records relating to any incidents occurring before
his or her 18th 17th 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 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 17th birthday and:
(a) has attained the age of 21 years; or
(b) 5 years have elapsed since all juvenile court
proceedings relating to him or her have been terminated or
his or her commitment to the Department of Juvenile Justice
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

09700SB3636sam001 - 4 - LRB097 19975 RLC 66124 a
5-622.
(2.4) The Department of State Police shall expunge, on an
annual basis, any law enforcement records pertaining to a minor
if:
(a) the minor has been arrested but no petition for
delinquency was filed with the clerk of the circuit court;
(b) the minor has attained the age of 18; and
(c) since the date of the minor's most recent arrest,
at least 2 years have elapsed without an additional arrest.
(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 if the State's Attorney
does not file a petition for delinquency (i) , the minor has a
right under subsection (0.07) to petition at any time to have
his or her law enforcement arrest record expunged, (ii) if the
minor does not petition to have his or her law enforcement
record expunged under subsection (0.07), the minor has a right,
when the minor attains the age of 18 17 or when all juvenile
court proceedings relating to that minor have been terminated,
to petition to have his or her record expunged under subsection
(1), and (iii) that unless a petition to expunge is filed, the
minor will shall have a law enforcement an arrest record. The

09700SB3636sam001 - 5 - LRB097 19975 RLC 66124 a
youth officer, if applicable, or other designated person from
the arresting agency and shall provide the minor and the
minor's parents or guardians with an expungement information
packet, written in plain language, including a petition to
expunge juvenile records obtained from the clerk of the circuit
court, a sample completed petition, information about the
adverse consequences of having a law enforcement record, and
expungement instructions. These instructions shall include
information informing the minor that (i) the minor may file a
petition on his or her own or with the assistance of an
attorney, (ii) once the arrest is expunged under either
subsection (0.07) or subsection (1), it shall be treated as if
it never occurred, and (iii) once the minor obtains an
expungement under either subsection (0.07) or subsection (1),
the minor shall not be required to disclose that he or she had
a law enforcement record.
(2.6) If a minor is 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 17th 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

09700SB3636sam001 - 6 - LRB097 19975 RLC 66124 a
or sex offenses that would be felonies if committed by an
adult; then at the time of sentencing or dismissal of the case,
the judge shall inform the delinquent minor of his or her 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 a petition for expungement, a sample of a completed
petition, information about the adverse consequences of having
a law enforcement and juvenile court record, and expungement
instructions. These instructions that shall include
information informing the minor that (i) the minor may file a
petition on his or her own or with the assistance of an
attorney, (ii) once the case is expunged, it shall be treated
as if it never occurred, and (iii) once the minor obtains an
expungement, the court shall provide a certified copy of the
expungement order, and the minor shall not be required to
disclose that he or she had a juvenile court or law enforcement
record (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) 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

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appeal.
(2.7) 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 17 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 (0.07)
and (1) 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 ( SUBSECTIONS (0.07) and SUBSECTION 1))
( If this is a petition for multiple offenses, please attach an

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Appendix listing each offense Please prepare a separate
petition for each offense )
Now comes ............., Petitioner petitioner, and
respectfully requests that this Honorable Court enter an order
expunging all juvenile law enforcement and court records of
Petitioner petitioner and in support thereof states that:
( ) 1. This petition is being filed under subsection (0.07)
and:
(Check One:)
( ) a. no petition was filed with the Clerk of the Circuit
Court.
( ) b. was charged with .... and was found not delinquent of
the offense; or
( ) 2. This petition is being filed under subsection (1),
Petitioner has attained the age of 18 17, 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 of
......., and:
(Check One:)
( ) a. no petition was filed with the Clerk of the Circuit
Court.
( ) b. was charged with ...... and was found not delinquent of
the offense.
( ) c. a petition was filed and the petition was dismissed
without a finding of delinquency on .....

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( ) 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, which would have been a
Class B misdemeanor, a Class C misdemeanor, or a petty offense
or business offense if committed by an adult.
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 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, 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
.....................

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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))

09700SB3636sam001 - 11 - LRB097 19975 RLC 66124 a
( If this is a petition for multiple offenses, please attach an
Appendix listing each offense Please prepare a separate
petition for each offense )
Now comes ............, Petitioner petitioner, and
respectfully requests that this Honorable Court enter an order
expunging all Juvenile Law Enforcement and Court records of
Petitioner petitioner and in support thereof states that:
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th 17th 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 17th
birthday; and
The incident for which the Petitioner seeks expungement
occurred before the Petitioner's 18th 17th 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 17th 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

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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 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 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 petitioner regarding this incident.
.......................
Petitioner (Signature)
......................
Petitioner's Street Address
.....................
City, State, Zip Code
.............................
Petitioner's Telephone Number

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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 (0.07), (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 objection period. At the hearing the court shall hear
evidence on whether the expungement should or should not be

09700SB3636sam001 - 14 - LRB097 19975 RLC 66124 a
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 person whose records
are to be expunged shall pay the clerk of the circuit court a
fee equivalent to the cost associated with expungement of
records by the clerk and the Department of State Police. The
clerk shall forward a certified copy of the order to the
Department of State Police, the appropriate portion of the fee
to the Department of State Police for processing, 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

09700SB3636sam001 - 15 - LRB097 19975 RLC 66124 a
................
................
................
................
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

09700SB3636sam001 - 16 - LRB097 19975 RLC 66124 a
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.
)
)
...................)

09700SB3636sam001 - 17 - LRB097 19975 RLC 66124 a
(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.
( ) 1. 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:
.........................
.........................
( ) 2. 3. IT IS FURTHER ORDERED that the Clerk of the
Circuit Court expunge all records regarding the
above-captioned case.
ENTER: ......................
JUDGE
DATED: .......

09700SB3636sam001 - 18 - LRB097 19975 RLC 66124 a
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)

09700SB3636sam001 - 19 - LRB097 19975 RLC 66124 a
.................................
.................................
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

09700SB3636sam001 - 20 - LRB097 19975 RLC 66124 a
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) 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. The person
whose records are expunged shall not have to disclose the fact
of the records or any matter relating to the record on an
application for employment, credit, or other type of
application.

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(5) Records which have not been expunged remain are sealed,
and may be obtained only under the provisions of Sections
5-901, 5-905 and 5-915.
(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 offender. This information may only be
used for statistical and bona fide research purposes.
(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
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.

09700SB3636sam001 - 22 - LRB097 19975 RLC 66124 a
(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.
(8)(a) 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

09700SB3636sam001 - 23 - LRB097 19975 RLC 66124 a
contain specific language that states that the applicant is not
obligated to disclose expunged juvenile records of 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 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 this 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.
(Source: P.A. 95-861, eff. 1-1-09; 96-707, eff. 1-1-10.)
(705 ILCS 405/5-622 rep.)
Section 10. The Juvenile Court Act of 1987 is amended by
repealing Section 5-622.

09700SB3636sam001 - 24 - LRB097 19975 RLC 66124 a
Section 15. The Unified Code of Corrections is amended by
changing Section 5-9-1.17 as follows:
(730 ILCS 5/5-9-1.17)
Sec. 5-9-1.17. Additional fine to fund expungement of
juvenile records.
(a) There shall be added to every penalty imposed in
sentencing for a criminal offense an additional fine of $30 to
be imposed upon a plea of guilty or finding of guilty resulting
in a judgment of conviction.
(b) Ten dollars of each such additional fine shall be
remitted to the State Treasurer for deposit into the State
Police Services Fund to be used to implement the expungement of
juvenile records as provided in Section 5-915 5-622 of the
Juvenile Court Act of 1987, $10 shall be paid to the State's
Attorney's Office that prosecuted the criminal offense, and $10
shall be retained by the Circuit Clerk for administrative costs
associated with the expungement of juvenile records and shall
be deposited into the Circuit Court Clerk Operation and
Administrative Fund.
(Source: P.A. 96-707, eff. 1-1-10; 96-1000, eff. 7-2-10.)
Section 20. The Illinois Human Rights Act is amended by
changing Section 2-103 as follows:

09700SB3636sam001 - 25 - LRB097 19975 RLC 66124 a
(775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
Sec. 2-103. Arrest Record.
(A) Unless otherwise authorized by law, it is a civil
rights violation for any employer, employment agency or labor
organization to inquire into or to use the fact of an arrest or
criminal history record information ordered expunged, sealed
or impounded under Section 5.2 of the Criminal Identification
Act or expunged under Section 5-915 of the Juvenile Court Act
of 1987 as a basis to refuse to hire, to segregate, or to act
with respect to recruitment, hiring, promotion, renewal of
employment, selection for training or apprenticeship,
discharge, discipline, tenure or terms, privileges or
conditions of employment. This Section does not prohibit a
State agency, unit of local government or school district, or
private organization from requesting or utilizing sealed
felony conviction information obtained from the Department of
State Police under the provisions of Section 3 of the Criminal
Identification Act or under other State or federal laws or
regulations that require criminal background checks in
evaluating the qualifications and character of an employee or a
prospective employee.
(B) The prohibition against the use of the fact of an
arrest contained in this Section shall not be construed to
prohibit an employer, employment agency, or labor organization
from obtaining or using other information which indicates that
a person actually engaged in the conduct for which he or she

09700SB3636sam001 - 26 - LRB097 19975 RLC 66124 a
was arrested.
(Source: P.A. 96-409, eff. 1-1-10.)".