Bill Text: IL SB3637 | 2011-2012 | 97th General Assembly | Amended
Bill Title: Amends the Criminal Code of 1961. Makes a technical change in a Section concerning the applicability of the common law.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Failed) 2013-01-08 - Session Sine Die [SB3637 Detail]
Download: Illinois-2011-SB3637-Amended.html
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1 | AMENDMENT TO SENATE BILL 3637
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2 | AMENDMENT NO. ______. Amend Senate Bill 3637 by replacing | ||||||
3 | everything after the enacting clause with the following:
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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 and Section 5-622 : | ||||||
10 | "Expunge" means to physically destroy the records and | ||||||
11 | to obliterate the minor's name from any official index or | ||||||
12 | public record, or both. Nothing in this Act shall require | ||||||
13 | the physical destruction of the internal office records, | ||||||
14 | files, or databases maintained by a State's Attorney's | ||||||
15 | Office or other prosecutor. | ||||||
16 | "Law enforcement record" includes but is not limited to |
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1 | records of arrest, station adjustments, fingerprints, | ||||||
2 | probation adjustments, the issuance of a notice to appear, | ||||||
3 | or any other records maintained by a law enforcement agency | ||||||
4 | relating to a minor suspected of committing an offense. | ||||||
5 | (0.06) Expungement proceedings shall be initiated by the | ||||||
6 | filing of a petition requesting an order of expungement, in | ||||||
7 | juvenile court. No filing fee shall be required. | ||||||
8 | (0.07) There shall be no waiting period to petition for the | ||||||
9 | expungement of law enforcement or juvenile court records | ||||||
10 | relating to incidents occurring before a person's 18th birthday | ||||||
11 | in the following circumstances: | ||||||
12 | (a) the minor was arrested and no petition for | ||||||
13 | delinquency was filed with the clerk of the circuit court; | ||||||
14 | or | ||||||
15 | (b) the minor was charged with an offense and was found | ||||||
16 | not delinquent of that offense. | ||||||
17 | (1) If a person does not petition to expunge his or her law | ||||||
18 | enforcement or court records, or both, under subsection (0.07), | ||||||
19 | whenever Whenever any person has attained the age of 18 17 or | ||||||
20 | whenever all juvenile
court proceedings relating to that person | ||||||
21 | have been terminated, whichever is
later, the person may | ||||||
22 | petition the court to expunge law enforcement records
relating | ||||||
23 | to incidents occurring before his or her 18th 17th birthday or | ||||||
24 | his or her
juvenile court
records, or both, but only in the | ||||||
25 | following circumstances:
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26 | (a) the minor was arrested and no petition for |
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1 | delinquency was filed with
the clerk of the circuit court; | ||||||
2 | or
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3 | (b) the minor was charged with an offense and was found | ||||||
4 | not delinquent of
that offense; or
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5 | (c) the minor was placed under supervision pursuant to | ||||||
6 | Section 5-615, and
the order of
supervision has since been | ||||||
7 | successfully terminated; or
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8 | (d)
the minor was adjudicated for an offense which | ||||||
9 | would be a Class B
misdemeanor, Class C misdemeanor, or a | ||||||
10 | petty or business offense if committed by an adult.
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11 | (2) Any person may petition the court to expunge all law | ||||||
12 | enforcement records
relating to any
incidents occurring before | ||||||
13 | his or her 18th 17th birthday which did not result in
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14 | proceedings in criminal court and all juvenile court records | ||||||
15 | with respect to
any adjudications except those based upon first | ||||||
16 | degree
murder and
sex offenses which would be felonies if | ||||||
17 | committed by an adult, if the person
for whom expungement is | ||||||
18 | sought has had no
convictions for any crime since his or her | ||||||
19 | 18th 17th birthday and:
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20 | (a) has attained the age of 21 years; or
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21 | (b) 5 years have elapsed since all juvenile court | ||||||
22 | proceedings relating to
him or her have been terminated or | ||||||
23 | his or her commitment to the Department of
Juvenile Justice
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24 | pursuant to this Act has been terminated;
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25 | whichever is later of (a) or (b). Nothing in this Section 5-915 | ||||||
26 | precludes a minor from obtaining expungement under Section |
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1 | 5-622. | ||||||
2 | (2.5) If a minor is arrested and no petition for | ||||||
3 | delinquency is filed with the clerk of the circuit court as | ||||||
4 | provided in paragraph (a) of subsection (1) at the time the | ||||||
5 | minor is released from custody, the youth officer, if | ||||||
6 | applicable, or other designated person from the arresting | ||||||
7 | agency, shall notify verbally and in writing to the minor or | ||||||
8 | the minor's parents or guardians that if the State's Attorney | ||||||
9 | does not file a petition for delinquency (i) , the minor has a | ||||||
10 | right under subsection (0.07) to petition at any time to have | ||||||
11 | his or her law enforcement arrest record expunged , (ii) if the | ||||||
12 | minor does not petition to have his or her law enforcement | ||||||
13 | record expunged under subsection (0.07), the minor has a right, | ||||||
14 | when the minor attains the age of 18 17 or when all juvenile | ||||||
15 | court proceedings relating to that minor have been terminated , | ||||||
16 | to petition to have his or her record expunged under subsection | ||||||
17 | (1), and (iii) that unless a petition to expunge is filed, the | ||||||
18 | minor will shall have a law enforcement an arrest record . The | ||||||
19 | youth officer, if applicable, or other designated person from | ||||||
20 | the arresting agency and shall provide the minor and the | ||||||
21 | minor's parents or guardians with an expungement information | ||||||
22 | packet, written in plain language, including a petition to | ||||||
23 | expunge juvenile records obtained from the clerk of the circuit | ||||||
24 | court , a sample completed petition, information about the | ||||||
25 | adverse consequences of having a law enforcement record, and | ||||||
26 | expungement instructions. These instructions shall include |
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1 | information informing the minor that (i) the minor may file a | ||||||
2 | petition on his or her own or with the assistance of an | ||||||
3 | attorney, (ii) once the arrest is expunged under either | ||||||
4 | subsection (0.07) or subsection (1), it shall be treated as if | ||||||
5 | it never occurred, and (iii) once the minor obtains an | ||||||
6 | expungement under either subsection (0.07) or subsection (1), | ||||||
7 | the minor shall not be required to disclose that he or she had | ||||||
8 | a law enforcement record . | ||||||
9 | (2.6) If a minor is charged with an offense and is found | ||||||
10 | not delinquent of that offense; or if a minor is placed under | ||||||
11 | supervision under Section 5-615, and the order of supervision | ||||||
12 | is successfully terminated; or if a minor is adjudicated for an | ||||||
13 | offense that would be a Class B misdemeanor, a Class C | ||||||
14 | misdemeanor, or a business or petty offense if committed by an | ||||||
15 | adult; or if a minor has incidents occurring before his or her | ||||||
16 | 18th 17th birthday that have not resulted in proceedings in | ||||||
17 | criminal court, or resulted in proceedings in juvenile court, | ||||||
18 | and the adjudications were not based upon first degree murder | ||||||
19 | or sex offenses that would be felonies if committed by an | ||||||
20 | adult; then at the time of sentencing or dismissal of the case, | ||||||
21 | the judge shall inform the delinquent minor of his or her right | ||||||
22 | to petition for expungement as provided by law, and the clerk | ||||||
23 | of the circuit court shall provide an expungement information | ||||||
24 | packet to the delinquent minor, written in plain language, | ||||||
25 | including a petition for expungement, a sample of a completed | ||||||
26 | petition, information about the adverse consequences of having |
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1 | a law enforcement and juvenile court record, and expungement | ||||||
2 | instructions . These instructions that shall include | ||||||
3 | information informing the minor that (i) the minor may file a | ||||||
4 | petition on his or her own or with the assistance of an | ||||||
5 | attorney, (ii) once the case is expunged, it shall be treated | ||||||
6 | as if it never occurred, and (iii) once the minor obtains an | ||||||
7 | expungement, the court shall provide a certified copy of the | ||||||
8 | expungement order, and the minor shall not be required to | ||||||
9 | disclose that he or she had a juvenile court or law enforcement | ||||||
10 | record (ii) he or she may apply to have petition fees waived, | ||||||
11 | (iii) once he or she obtains an expungement, he or she may not | ||||||
12 | be required to disclose that he or she had a juvenile record, | ||||||
13 | and (iv) he or she may file the petition on his or her own or | ||||||
14 | with the assistance of an attorney . The failure of the judge to | ||||||
15 | inform the delinquent minor of his or her right to petition for | ||||||
16 | expungement as provided by law does not create a substantive | ||||||
17 | right, nor is that failure grounds for: (i) a reversal of an | ||||||
18 | adjudication of delinquency, (ii) a new trial; or (iii) an | ||||||
19 | appeal. | ||||||
20 | (2.7) For counties with a population over 3,000,000, the | ||||||
21 | clerk of the circuit court shall send a "Notification of a | ||||||
22 | Possible Right to Expungement" post card to the minor at the | ||||||
23 | address last received by the clerk of the circuit court on the | ||||||
24 | date that the minor attains the age of 18 17 based on the | ||||||
25 | birthdate provided to the court by the minor or his or her | ||||||
26 | guardian in cases under paragraphs (b), (c), and (d) of |
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1 | subsection (1); and when the minor attains the age of 21 based | ||||||
2 | on the birthdate provided to the court by the minor or his or | ||||||
3 | her guardian in cases under subsection (2). | ||||||
4 | (2.8) The petition for expungement for subsection (0.07) | ||||||
5 | and (1) may include multiple offenses on the same petition and | ||||||
6 | shall be substantially in the following form: | ||||||
7 | IN THE CIRCUIT COURT OF ......, ILLINOIS
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8 | ........ JUDICIAL CIRCUIT
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9 | IN THE INTEREST OF ) NO.
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10 | )
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11 | )
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12 | ...................)
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13 | (Name of Petitioner)
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14 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
15 | (705 ILCS 405/5-915 ( SUBSECTIONS (0.07) and SUBSECTION 1)) | ||||||
16 | ( If this is a petition for multiple offenses, please attach an | ||||||
17 | Appendix listing each offense Please prepare a separate | ||||||
18 | petition for each offense ) | ||||||
19 | Now comes ............., Petitioner petitioner , and | ||||||
20 | respectfully requests
that this Honorable Court enter an order | ||||||
21 | expunging all juvenile law enforcement and court records of | ||||||
22 | Petitioner petitioner and in support thereof states that: | ||||||
23 | ( ) 1. This petition is being filed under subsection (0.07) | ||||||
24 | and: |
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1 | (Check One:) | ||||||
2 | ( ) a. no petition was filed with the Clerk of the Circuit | ||||||
3 | Court. | ||||||
4 | ( ) b. was charged with .... and was found not delinquent of | ||||||
5 | the offense; or
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6 | ( ) 2. This petition is being filed under subsection (1), | ||||||
7 | Petitioner has attained the age of 18 17 , his/her birth date | ||||||
8 | being ......, or all
Juvenile Court proceedings terminated as | ||||||
9 | of ......, whichever occurred later.
Petitioner was arrested on | ||||||
10 | ..... by the ....... Police Department for the offense of | ||||||
11 | ......., and:
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12 | (Check One:)
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13 | ( ) a. no petition was filed with the Clerk of the Circuit | ||||||
14 | Court. | ||||||
15 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
16 | the offense. | ||||||
17 | ( ) c. a petition was filed and the petition was dismissed | ||||||
18 | without a finding of delinquency on ..... | ||||||
19 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
20 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
21 | supervision successfully terminated on ........ | ||||||
22 | ( ) e. was adjudicated for the offense, which would have been a | ||||||
23 | Class B misdemeanor, a Class C misdemeanor, or a petty offense | ||||||
24 | or business offense if committed by an adult.
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25 | Petitioner .... has .... has not been arrested on charges in | ||||||
26 | this or any county other than the charges listed above. If |
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1 | petitioner has been arrested on additional charges, please list | ||||||
2 | the charges below:
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3 | Charge(s): ...... | ||||||
4 | Arresting Agency or Agencies: ........... | ||||||
5 | Disposition/Result: (choose from a. through e., above): .....
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6 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
7 | Court to (1) order all law enforcement agencies to expunge all | ||||||
8 | records of petitioner to this incident, and (2) to order the | ||||||
9 | Clerk of the Court to expunge all records concerning the | ||||||
10 | petitioner regarding this incident.
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11 | ......................
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12 | Petitioner (Signature)
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13 | ..........................
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14 | Petitioner's Street Address | ||||||
15 | .....................
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16 | City, State, Zip Code | ||||||
17 | ............................. | ||||||
18 | Petitioner's Telephone Number | ||||||
19 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
20 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
21 | statements in this petition are true and correct, or on |
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1 | information and belief I believe the same to be true.
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2 | ...................... | ||||||
3 | Petitioner (Signature)
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4 | The Petition for Expungement for subsection (2) shall be | ||||||
5 | substantially in the following form:
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6 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
7 | ........ JUDICIAL CIRCUIT | ||||||
8 | IN THE INTEREST OF ) NO.
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9 | )
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10 | )
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11 | ...................)
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12 | (Name of Petitioner)
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13 | PETITION TO EXPUNGE JUVENILE RECORDS
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14 | (705 ILCS 405/5-915 (SUBSECTION 2))
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15 | ( If this is a petition for multiple offenses, please attach an | ||||||
16 | Appendix listing each offense Please prepare a separate | ||||||
17 | petition for each offense )
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18 | Now comes ............, Petitioner petitioner , and | ||||||
19 | respectfully requests that this Honorable Court enter an order | ||||||
20 | expunging all Juvenile Law Enforcement and Court records of | ||||||
21 | Petitioner petitioner and in support thereof states that: | ||||||
22 | The incident for which the Petitioner seeks expungement |
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1 | occurred before the Petitioner's 18th 17th birthday and did not | ||||||
2 | result in proceedings in criminal court and the Petitioner has | ||||||
3 | not had any convictions for any crime since his/her 18th 17th | ||||||
4 | birthday; and
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5 | The incident for which the Petitioner seeks expungement | ||||||
6 | occurred before the Petitioner's 18th 17th birthday and the | ||||||
7 | adjudication was not based upon first-degree murder or sex | ||||||
8 | offenses which would be felonies if committed by an adult, and | ||||||
9 | the Petitioner has not had any convictions for any crime since | ||||||
10 | his/her 18th 17th birthday. | ||||||
11 | Petitioner was arrested on ...... by the ....... Police | ||||||
12 | Department for the offense of ........, and: | ||||||
13 | (Check whichever one occurred the latest:) | ||||||
14 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
15 | birthday being .......; or | ||||||
16 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
17 | proceedings relating to the Petitioner have been terminated; or | ||||||
18 | the Petitioner's commitment to the Department of Juvenile | ||||||
19 | Justice
pursuant to the expungement of juvenile law enforcement | ||||||
20 | and court records provisions of the Juvenile Court Act of 1987 | ||||||
21 | has been terminated.
Petitioner ...has ...has not been arrested | ||||||
22 | on charges in this or any other county other than the charge | ||||||
23 | listed above. If Petitioner petitioner has been arrested on | ||||||
24 | additional charges, please list the charges below: | ||||||
25 | Charge(s): .......... | ||||||
26 | Arresting Agency or Agencies: ....... |
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1 | Disposition/Result: (choose from a or b, above): .......... | ||||||
2 | WHEREFORE, the Petitioner petitioner respectfully requests | ||||||
3 | this Honorable Court to (1) order all law enforcement agencies | ||||||
4 | to expunge all records of petitioner related to this incident, | ||||||
5 | and (2) to order the Clerk of the Court to expunge all records | ||||||
6 | concerning the Petitioner petitioner regarding this incident.
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7 | .......................
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8 | Petitioner (Signature) | ||||||
9 | ...................... | ||||||
10 | Petitioner's Street Address
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11 | ..................... | ||||||
12 | City, State, Zip Code | ||||||
13 | ............................. | ||||||
14 | Petitioner's Telephone Number
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15 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
16 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
17 | statements in this petition are true and correct, or on | ||||||
18 | information and belief I believe the same to be true. | ||||||
19 | ...................... | ||||||
20 | Petitioner (Signature)
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21 | (3) The chief judge of the circuit in which an arrest was | ||||||
22 | made or a charge
was brought or any
judge of that circuit |
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1 | designated by the chief judge
may, upon verified petition
of a | ||||||
2 | person who is the subject of an arrest or a juvenile court | ||||||
3 | proceeding
under subsection (0.07), (1) , or (2) of this | ||||||
4 | Section, order the law enforcement
records or official court | ||||||
5 | file, or both, to be expunged from the official
records of the | ||||||
6 | arresting authority, the clerk of the circuit court and the
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7 | Department of State Police. The person whose records are to be | ||||||
8 | expunged shall petition the court using the appropriate form | ||||||
9 | containing his or her current address and shall promptly notify | ||||||
10 | the clerk of the circuit court of any change of address. Notice
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11 | of the petition shall be served upon the State's Attorney or | ||||||
12 | prosecutor charged with the duty of prosecuting the offense, | ||||||
13 | the Department of State Police, and the arresting agency or | ||||||
14 | agencies by the clerk of the circuit court. If an objection is | ||||||
15 | filed within 45
days of the notice of the petition, the clerk | ||||||
16 | of the circuit court shall set a date for hearing after the 45
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17 | day objection period. At the hearing the court shall hear | ||||||
18 | evidence on whether the expungement should or should not be | ||||||
19 | granted. Unless the State's Attorney or prosecutor, the | ||||||
20 | Department of State Police, or an arresting agency objects to | ||||||
21 | the expungement within 45
days of the notice, the court may | ||||||
22 | enter an order granting expungement. The person whose records | ||||||
23 | are to be expunged shall pay the clerk of the circuit court a | ||||||
24 | fee equivalent to the cost associated with expungement of | ||||||
25 | records by the clerk and the Department of State Police. The | ||||||
26 | clerk shall forward a certified copy of the order to the |
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1 | Department of State Police , the appropriate portion of the fee | ||||||
2 | to the Department of State Police for processing, and deliver a | ||||||
3 | certified copy of the order to the arresting agency.
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4 | (3.1) The Notice of Expungement shall be in substantially | ||||||
5 | the following form: | ||||||
6 | IN THE CIRCUIT COURT OF ....., ILLINOIS
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7 | .... JUDICIAL CIRCUIT
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8 | IN THE INTEREST OF ) NO.
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9 | )
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10 | )
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11 | ...................)
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12 | (Name of Petitioner)
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13 | NOTICE
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14 | TO: State's Attorney
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15 | TO: Arresting Agency
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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 | ................
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22 | TO: Illinois State Police
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23 |
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24 | .....................
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1 |
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2 | .....................
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3 | ATTENTION: Expungement
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4 | You are hereby notified that on ....., at ....., in courtroom | ||||||
5 | ..., located at ..., before the Honorable ..., Judge, or any | ||||||
6 | judge sitting in his/her stead, I shall then and there present | ||||||
7 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
8 | matter, at which time and place you may appear. | ||||||
9 | ...................... | ||||||
10 | Petitioner's Signature | ||||||
11 | ...........................
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12 | Petitioner's Street Address | ||||||
13 | .....................
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14 | City, State, Zip Code | ||||||
15 | ............................. | ||||||
16 | Petitioner's Telephone Number | ||||||
17 | PROOF OF SERVICE
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18 | On the ....... day of ......, 20..., I on oath state that I | ||||||
19 | served this notice and true and correct copies of the | ||||||
20 | above-checked documents by: | ||||||
21 | (Check One:) | ||||||
22 | delivering copies personally to each entity to whom they are | ||||||
23 | directed; | ||||||
24 | or | ||||||
25 | by mailing copies to each entity to whom they are directed by | ||||||
26 | depositing the same in the U.S. Mail, proper postage fully |
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1 | prepaid, before the hour of 5:00 p.m., at the United States | ||||||
2 | Postal Depository located at ................. | ||||||
3 | .........................................
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4 |
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5 | Signature | ||||||
6 | Clerk of the Circuit Court or Deputy Clerk | ||||||
7 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
8 | Address: ........................................ | ||||||
9 | Telephone Number: ............................... | ||||||
10 | (3.2) The Order of Expungement shall be in substantially | ||||||
11 | the following form: | ||||||
12 | IN THE CIRCUIT COURT OF ....., ILLINOIS
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13 | .... JUDICIAL CIRCUIT
| ||||||
14 | IN THE INTEREST OF ) NO.
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15 | )
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16 | )
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17 | ...................)
| ||||||
18 | (Name of Petitioner)
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19 | DOB ................ | ||||||
20 | Arresting Agency/Agencies ...... | ||||||
21 | ORDER OF EXPUNGEMENT
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22 | (705 ILCS 405/5-915 (SUBSECTION 3))
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23 | This matter having been heard on the petitioner's motion and | ||||||
24 | the court being fully advised in the premises does find that |
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1 | the petitioner is indigent or has presented reasonable cause to | ||||||
2 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
3 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
4 | are hereby waived in this matter. | ||||||
5 | ( ) 1. 2. The Illinois State Police Bureau of | ||||||
6 | Identification and the following law enforcement agencies | ||||||
7 | expunge all records of petitioner relating to an arrest dated | ||||||
8 | ...... for the offense of ...... | ||||||
9 | Law Enforcement Agencies:
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10 | .........................
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11 | .........................
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12 | ( ) 2. 3. IT IS FURTHER ORDERED that the Clerk of the | ||||||
13 | Circuit Court expunge all records regarding the | ||||||
14 | above-captioned case. | ||||||
15 | ENTER: ......................
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16 |
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17 | JUDGE | ||||||
18 | DATED: ....... | ||||||
19 | Name:
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20 | Attorney for:
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21 | Address:
City/State/Zip:
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22 | Attorney Number: | ||||||
23 | (3.3) The Notice of Objection shall be in substantially the | ||||||
24 | following form: | ||||||
25 | IN THE CIRCUIT COURT OF ....., ILLINOIS
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26 | ....................... JUDICIAL CIRCUIT
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1 | IN THE INTEREST OF ) NO.
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2 | )
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3 | )
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4 | ...................)
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5 | (Name of Petitioner)
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6 | NOTICE OF OBJECTION
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7 | TO:(Attorney, Public Defender, Minor)
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8 | .................................
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9 | .................................
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10 | TO:(Illinois State Police)
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11 | .................................
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12 | ................................. | ||||||
13 | TO:(Clerk of the Court)
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14 | .................................
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15 | .................................
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16 | TO:(Judge)
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17 | .................................
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18 | .................................
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19 | TO:(Arresting Agency/Agencies)
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20 | .................................
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21 | ................................. | ||||||
22 | ATTENTION:
You are hereby notified that an objection has been | ||||||
23 | filed by the following entity regarding the above-named minor's | ||||||
24 | petition for expungement of juvenile records: |
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1 | ( ) State's Attorney's Office;
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2 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
3 | with the duty of prosecuting the offense sought to be expunged;
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4 | ( ) Department of Illinois State Police; or
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5 | ( ) Arresting Agency or Agencies.
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6 | The agency checked above respectfully requests that this case | ||||||
7 | be continued and set for hearing on whether the expungement | ||||||
8 | should or should not be granted.
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9 | DATED: ....... | ||||||
10 | Name: | ||||||
11 | Attorney For:
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12 | Address: | ||||||
13 | City/State/Zip:
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14 | Telephone:
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15 | Attorney No.:
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16 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
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17 | This matter has been set for hearing on the foregoing | ||||||
18 | objection, on ...... in room ...., located at ....., before the | ||||||
19 | Honorable ....., Judge, or any judge sitting in his/her stead.
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20 | (Only one hearing shall be set, regardless of the number of | ||||||
21 | Notices of Objection received on the same case).
| ||||||
22 | A copy of this completed Notice of Objection containing the | ||||||
23 | court date, time, and location, has been sent via regular U.S. | ||||||
24 | Mail to the following entities. (If more than one Notice of | ||||||
25 | Objection is received on the same case, each one must be | ||||||
26 | completed with the court date, time and location and mailed to |
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| |||||||
1 | the following entities):
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2 | ( ) Attorney, Public Defender or Minor;
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3 | ( ) State's Attorney's Office; | ||||||
4 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
5 | with the duty of prosecuting the offense sought to be expunged; | ||||||
6 | ( ) Department of Illinois State Police; and | ||||||
7 | ( ) Arresting agency or agencies.
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8 | Date: ...... | ||||||
9 | Initials of Clerk completing this section: .....
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10 | (4) Upon entry of an order expunging records or files, the | ||||||
11 | offense, which
the records or files concern shall be treated as | ||||||
12 | if it never occurred. Law
enforcement officers and other public | ||||||
13 | offices and agencies shall properly reply
on inquiry that no | ||||||
14 | record or file exists with respect to the
person. The person | ||||||
15 | whose records are expunged shall not have to disclose the fact | ||||||
16 | of the records or any matter relating to the record on an | ||||||
17 | application for employment, credit, or other type of | ||||||
18 | application.
| ||||||
19 | (5) Records which have not been expunged remain are sealed, | ||||||
20 | and may be obtained
only under the provisions of Sections | ||||||
21 | 5-901, 5-905 and 5-915.
| ||||||
22 | (6) Nothing in this Section shall be construed to prohibit | ||||||
23 | the maintenance
of information relating to an offense after | ||||||
24 | records or files concerning the
offense have been expunged if | ||||||
25 | the information is kept in a manner that does not
enable | ||||||
26 | identification of the offender. This information may only be |
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| |||||||
1 | used for
statistical and bona fide research purposes. | ||||||
2 | (7)(a) The State Appellate Defender shall establish, | ||||||
3 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
4 | expungement program
to provide information and assistance to | ||||||
5 | minors eligible to have their juvenile records expunged.
| ||||||
6 | (b) The State Appellate Defender shall develop brochures, | ||||||
7 | pamphlets, and
other
materials in
printed form and through the | ||||||
8 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
9 | shall
include at a minimum the following information:
| ||||||
10 | (i) An explanation of the State's juvenile expungement | ||||||
11 | process; | ||||||
12 | (ii) The circumstances under which juvenile | ||||||
13 | expungement may occur; | ||||||
14 | (iii) The juvenile offenses that may be expunged; | ||||||
15 | (iv) The steps necessary to initiate and complete the | ||||||
16 | juvenile expungement process;
and | ||||||
17 | (v) Directions on how to contact the State Appellate | ||||||
18 | Defender. | ||||||
19 | (c) The State Appellate Defender shall establish and | ||||||
20 | maintain a statewide
toll-free telephone
number that a person | ||||||
21 | may use to receive information or assistance concerning
the | ||||||
22 | expungement of juvenile records. The State Appellate
Defender | ||||||
23 | shall advertise
the toll-free telephone number statewide. The | ||||||
24 | State Appellate Defender shall
develop an expungement
| ||||||
25 | information packet that may be sent to eligible persons seeking | ||||||
26 | expungement of
their juvenile records,
which may include, but |
| |||||||
| |||||||
1 | is not limited to, a pre-printed expungement petition
with | ||||||
2 | instructions on how
to complete the petition and a pamphlet | ||||||
3 | containing information that would
assist individuals through
| ||||||
4 | the juvenile expungement process. | ||||||
5 | (d) The State Appellate Defender shall compile a statewide | ||||||
6 | list of volunteer
attorneys willing
to assist eligible | ||||||
7 | individuals through the juvenile expungement process. | ||||||
8 | (e) This Section shall be implemented from funds | ||||||
9 | appropriated by the General
Assembly to the State
Appellate | ||||||
10 | Defender
for this purpose. The State Appellate Defender shall | ||||||
11 | employ the necessary staff
and adopt the
necessary rules for | ||||||
12 | implementation of this Section. | ||||||
13 | (8)(a) Except with respect to law enforcement agencies, the | ||||||
14 | Department of Corrections, State's Attorneys, or other | ||||||
15 | prosecutors, an expunged juvenile record may not be considered | ||||||
16 | by any private or public entity in employment matters, | ||||||
17 | certification, licensing, revocation of certification or | ||||||
18 | licensure, or registration. Applications for employment must | ||||||
19 | contain specific language that states that the applicant is not | ||||||
20 | obligated to disclose expunged juvenile records of conviction | ||||||
21 | or arrest. Employers may not ask if an applicant has had a | ||||||
22 | juvenile record expunged. Effective January 1, 2005, the | ||||||
23 | Department of Labor shall develop a link on the Department's | ||||||
24 | website to inform employers that employers may not ask if an | ||||||
25 | applicant had a juvenile record expunged and that application | ||||||
26 | for employment must contain specific language that states that |
| |||||||
| |||||||
1 | the applicant is not obligated to disclose expunged juvenile | ||||||
2 | records of arrest or conviction. | ||||||
3 | (b) A person whose juvenile records have been expunged is | ||||||
4 | not entitled to remission of any fines, costs, or other money | ||||||
5 | paid as a consequence of expungement. This amendatory Act of | ||||||
6 | the 93rd General Assembly does not affect the right of the | ||||||
7 | victim of a crime to prosecute or defend a civil action for | ||||||
8 | damages.
| ||||||
9 | (c) The expungement of juvenile records under this Section | ||||||
10 | 5-622 shall be funded by the additional fine imposed under | ||||||
11 | Section 5-9-1.17 of the Unified Code of Corrections and | ||||||
12 | additional appropriations made by the General Assembly for such | ||||||
13 | purpose. | ||||||
14 | (Source: P.A. 95-861, eff. 1-1-09; 96-707, eff. 1-1-10.)
| ||||||
15 | (705 ILCS 405/5-622 rep.) | ||||||
16 | Section 10. The Juvenile Court Act of 1987 is amended by | ||||||
17 | repealing Section 5-622.
| ||||||
18 | Section 15. The Unified Code of Corrections is amended by | ||||||
19 | changing Section 5-9-1.17 as follows:
| ||||||
20 | (730 ILCS 5/5-9-1.17) | ||||||
21 | Sec. 5-9-1.17. Additional fine to fund expungement of | ||||||
22 | juvenile records. | ||||||
23 | (a) There shall be added to every penalty imposed in |
| |||||||
| |||||||
1 | sentencing for a criminal offense an additional fine of $30 to | ||||||
2 | be imposed upon a plea of guilty or finding of guilty resulting | ||||||
3 | in a judgment of conviction. | ||||||
4 | (b) Ten dollars of each such additional fine shall be | ||||||
5 | remitted to the State Treasurer for deposit into the State | ||||||
6 | Police Services Fund to be used to implement the expungement of | ||||||
7 | juvenile records as provided in Section 5-915 5-622 of the | ||||||
8 | Juvenile Court Act of 1987, $10 shall be paid to the State's | ||||||
9 | Attorney's Office that prosecuted the criminal offense, and $10 | ||||||
10 | shall be retained by the Circuit Clerk for administrative costs | ||||||
11 | associated with the expungement of juvenile records and shall | ||||||
12 | be deposited into the Circuit Court Clerk Operation and | ||||||
13 | Administrative Fund.
| ||||||
14 | (Source: P.A. 96-707, eff. 1-1-10; 96-1000, eff. 7-2-10.)
| ||||||
15 | Section 20. The Illinois Human Rights Act is amended by | ||||||
16 | changing Section 2-103 as follows:
| ||||||
17 | (775 ILCS 5/2-103) (from Ch. 68, par. 2-103)
| ||||||
18 | Sec. 2-103. Arrest Record.
| ||||||
19 | (A) Unless otherwise authorized by law,
it is a civil | ||||||
20 | rights violation for any
employer, employment agency or labor | ||||||
21 | organization to inquire
into or to use the fact of an arrest or | ||||||
22 | criminal history
record information
ordered expunged, sealed | ||||||
23 | or impounded under Section 5.2 of the Criminal
Identification | ||||||
24 | Act or expunged under Section 5-915 of the Juvenile Court Act |
| |||||||
| |||||||
1 | of 1987 as a basis to
refuse to hire, to segregate, or to act
| ||||||
2 | with respect to recruitment, hiring, promotion, renewal of | ||||||
3 | employment,
selection for training or apprenticeship, | ||||||
4 | discharge, discipline, tenure or
terms, privileges or | ||||||
5 | conditions of employment. This Section
does not prohibit a | ||||||
6 | State agency, unit of local government or school
district, or | ||||||
7 | private organization from requesting or utilizing sealed | ||||||
8 | felony
conviction information obtained from the Department of | ||||||
9 | State Police under
the provisions of Section 3 of the
Criminal | ||||||
10 | Identification Act or under other State or federal laws or | ||||||
11 | regulations that require criminal background checks in | ||||||
12 | evaluating the qualifications
and character of an employee or a | ||||||
13 | prospective employee.
| ||||||
14 | (B) The prohibition against the use of the fact of an | ||||||
15 | arrest contained in
this Section shall not be construed to | ||||||
16 | prohibit an employer, employment agency,
or labor organization | ||||||
17 | from obtaining or using other information which indicates
that | ||||||
18 | a person actually engaged in the conduct for which he or she | ||||||
19 | was
arrested.
| ||||||
20 | (Source: P.A. 96-409, eff. 1-1-10.)".
|