HB3817 Engrossed LRB100 11385 SLF 21783 b
1		AN ACT concerning courts.
2		Be it enacted by the People of the State of Illinois,
3		represented in the General Assembly:
4		Section 5. The Juvenile Court Act of 1987 is amended by
5		changing Sections 1-7, 1-8, and 5-915 as follows:
6		(705 ILCS 405/1-7) (from Ch. 37, par. 801-7)
7		Sec. 1-7. Confidentiality of law enforcement and municipal
8		ordinance violation records.
9		(A) All juvenile records which have not been expunged are
10		sealed and may never be disclosed to the general public or
11		otherwise made widely available. Sealed records may be obtained
12		only under this Section and Section 1-8 and 5-915 of this Act,
13		when their use is needed for good cause and with an order from
14		the juvenile court, as required by those not authorized to
15		retain them. Inspection and copying of law enforcement records
16		maintained by law enforcement agencies or records of municipal
17		ordinance violations maintained by any State, local, or
18		municipal agency that relate to a minor who has been
19		investigated, arrested, or taken into custody before his or her
20		18th birthday shall be restricted to the following:
21		(1) Any local, State or federal law enforcement
22		officers of any jurisdiction or agency when necessary for
23		the discharge of their official duties during the

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

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

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1		determined to have a legitimate educational or safety
2		interest by a local law enforcement agency under a
3		reciprocal reporting system established and maintained
4		between the school district and the local law
5		enforcement agency under Section 10-20.14 of the
6		School Code concerning a minor enrolled in a school
7		within the school district who has been arrested or
8		taken into custody for any of the following offenses:
9		(i) any violation of Article 24 of the Criminal
10		Code of 1961 or the Criminal Code of 2012;
11		(ii) a violation of the Illinois Controlled
12		Substances Act;
13		(iii) a violation of the Cannabis Control Act;
14		(iv) a forcible felony as defined in Section
15		2-8 of the Criminal Code of 1961 or the Criminal
16		Code of 2012;
17		(v) a violation of the Methamphetamine Control
18		and Community Protection Act;
19		(vi) a violation of Section 1-2 of the
20		Harassing and Obscene Communications Act;
21		(vii) a violation of the Hazing Act; or
22		(viii) a violation of Section 12-1, 12-2,
23		12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5,
24		12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the
25		Criminal Code of 1961 or the Criminal Code of 2012.
26		The information derived from the law enforcement

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

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

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

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1		copies of fingerprints and descriptions of all minors who
2		have been arrested or taken into custody before their 18th
3		birthday for the offense of unlawful use of weapons under
4		Article 24 of the Criminal Code of 1961 or the Criminal
5		Code of 2012, a Class X or Class 1 felony, a forcible
6		felony as defined in Section 2-8 of the Criminal Code of
7		1961 or the Criminal Code of 2012, or a Class 2 or greater
8		felony under the Cannabis Control Act, the Illinois
9		Controlled Substances Act, the Methamphetamine Control and
10		Community Protection Act, or Chapter 4 of the Illinois
11		Vehicle Code, pursuant to Section 5 of the Criminal
12		Identification Act. Information reported to the Department
13		pursuant to this Section may be maintained with records
14		that the Department files pursuant to Section 2.1 of the
15		Criminal Identification Act. Nothing in this Act prohibits
16		a law enforcement agency from fingerprinting a minor taken
17		into custody or arrested before his or her 18th birthday
18		for an offense other than those listed in this paragraph
19		(2).
20		(C) The records of law enforcement officers, or of an
21		independent agency created by ordinance and charged by a unit
22		of local government with the duty of investigating the conduct
23		of law enforcement officers, concerning all minors under 18
24		years of age must be maintained separate from the records of
25		arrests and may not be open to public inspection or their
26		contents disclosed to the public except by order of the court

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

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

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1		officers. The information provided under this subsection (F)
2		shall remain confidential and shall not be publicly disclosed,
3		except as otherwise allowed by law.
4		(G) Nothing in this Section shall prohibit the right of a
5		Civil Service Commission or appointing authority of any state,
6		county or municipality examining the character and fitness of
7		an applicant for employment with a law enforcement agency,
8		correctional institution, or fire department from obtaining
9		and examining the records of any law enforcement agency
10		relating to any record of the applicant having been arrested or
11		taken into custody before the applicant's 18th birthday.
12		(H) The changes made to this Section by Public Act 98-61
13		apply to law enforcement records of a minor who has been
14		arrested or taken into custody on or after January 1, 2014 (the
15		effective date of Public Act 98-61).
16		(I) Willful violation of this Section is a Class C
17		misdemeanor and each violation is subject to a fine of $1,000.
18		This subsection (I) shall not apply to the person who is the
19		subject of the record.
20		(J) A person convicted of violating this Section is liable
21		for damages in the amount of $1,000 or actual damages,
22		whichever is greater.
23		(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298,
24		eff. 8-6-15.)
25		(705 ILCS 405/1-8) (from Ch. 37, par. 801-8)

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

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

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

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

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1		proceedings occurring under Article II of this Act shall be
2		disclosed, in a manner and form approved by the Presiding Judge
3		of the Juvenile Court, to the Department of Healthcare and
4		Family Services when necessary to discharge the duties of the
5		Department of Healthcare and Family Services under Article X of
6		the Illinois Public Aid Code.
7		(B) A minor who is the victim in a juvenile proceeding
8		shall be provided the same confidentiality regarding
9		disclosure of identity as the minor who is the subject of
10		record.
11		(C) Juvenile Except as otherwise provided in this
12		subsection (C), juvenile court records shall not be made
13		available to the general public. Subject to the limitations in
14		paragraphs (0.1) through (0.4) of this subsection (C), the
15		judge presiding over a juvenile court proceeding brought under
16		this Act, in his or her discretion, may order that juvenile
17		court records of an individual case be made available for
18		inspection upon request by a representative of an agency,
19		association, or news media entity or by a properly interested
20		person. For purposes of inspecting documents under this Section
21		subsection (C), a civil subpoena is not an order of the court.
22		(0.1) In cases where the records concern a pending
23		juvenile court case, the requesting party seeking to
24		inspect the juvenile court records shall provide actual
25		notice to the attorney or guardian ad litem of the minor
26		whose records are sought.

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1		(0.2) In cases where the records concern a juvenile
2		court case that is no longer pending, the requesting party
3		seeking to inspect the juvenile court records shall provide
4		actual notice to the minor or the minor's parent or legal
5		guardian, and the matter shall be referred to the chief
6		judge presiding over matters pursuant to this Act.
7		(0.3) In determining whether records should be made
8		available for inspection and whether inspection should be
9		limited to certain parts of the file, the court shall
10		consider the minor's interest in confidentiality and
11		rehabilitation over the requesting party's interest in
12		obtaining the information. The State's Attorney, the
13		minor, and the minor's parents, guardian, and counsel shall
14		at all times have the right to examine court files and
15		records.
16		(0.4) Any records obtained in violation of this Section
17		subsection (C) shall not be admissible in any criminal or
18		civil proceeding, or operate to disqualify a minor from
19		subsequently holding public office, or operate as a
20		forfeiture of any public benefit, right, privilege, or
21		right to receive any license granted by public authority.
22		(1) The court shall allow the general public to have
23		access to the name, address, and offense of a minor who is
24		adjudicated a delinquent minor under this Act under either
25		of the following circumstances:
26		(A) The adjudication of delinquency was based upon

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

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

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1		(D) Pending or following any adjudication of delinquency
2		for any offense defined in Sections 11-1.20 through 11-1.60 or
3		12-13 through 12-16 of the Criminal Code of 1961 or the
4		Criminal Code of 2012, the victim of any such offense shall
5		receive the rights set out in Sections 4 and 6 of the Bill of
6		Rights for Victims and Witnesses of Violent Crime Act; and the
7		juvenile who is the subject of the adjudication,
8		notwithstanding any other provision of this Act, shall be
9		treated as an adult for the purpose of affording such rights to
10		the victim.
11		(E) Nothing in this Section shall affect the right of a
12		Civil Service Commission or appointing authority of any state,
13		county or municipality examining the character and fitness of
14		an applicant for employment with a law enforcement agency,
15		correctional institution, or fire department to ascertain
16		whether that applicant was ever adjudicated to be a delinquent
17		minor and, if so, to examine the records of disposition or
18		evidence which were made in proceedings under this Act.
19		(F) Following any adjudication of delinquency for a crime
20		which would be a felony if committed by an adult, or following
21		any adjudication of delinquency for a violation of Section
22		24-1, 24-3, 24-3.1, or 24-5 of the Criminal Code of 1961 or the
23		Criminal Code of 2012, the State's Attorney shall ascertain
24		whether the minor respondent is enrolled in school and, if so,
25		shall provide a copy of the dispositional order to the
26		principal or chief administrative officer of the school. Access

HB3817 Engrossed - 21 - LRB100 11385 SLF 21783 b
1		to such juvenile records shall be limited to the principal or
2		chief administrative officer of the school and any guidance
3		counselor designated by him.
4		(G) Nothing contained in this Act prevents the sharing or
5		disclosure of information or records relating or pertaining to
6		juveniles subject to the provisions of the Serious Habitual
7		Offender Comprehensive Action Program when that information is
8		used to assist in the early identification and treatment of
9		habitual juvenile offenders.
10		(H) When a Court hearing a proceeding under Article II of
11		this Act becomes aware that an earlier proceeding under Article
12		II had been heard in a different county, that Court shall
13		request, and the Court in which the earlier proceedings were
14		initiated shall transmit, an authenticated copy of the Court
15		record, including all documents, petitions, and orders filed
16		therein and the minute orders, transcript of proceedings, and
17		docket entries of the Court.
18		(I) The Clerk of the Circuit Court shall report to the
19		Department of State Police, in the form and manner required by
20		the Department of State Police, the final disposition of each
21		minor who has been arrested or taken into custody before his or
22		her 18th birthday for those offenses required to be reported
23		under Section 5 of the Criminal Identification Act. Information
24		reported to the Department under this Section may be maintained
25		with records that the Department files under Section 2.1 of the
26		Criminal Identification Act.

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1		(J) The changes made to this Section by Public Act 98-61
2		apply to law enforcement records of a minor who has been
3		arrested or taken into custody on or after January 1, 2014 (the
4		effective date of Public Act 98-61).
5		(K) Willful violation of this Section is a Class C
6		misdemeanor and each violation is subject to a fine of $1,000.
7		This subsection (K) shall not apply to the person who is the
8		subject of the record.
9		(L) A person convicted of violating this Section is liable
10		for damages in the amount of $1,000 or actual damages,
11		whichever is greater.
12		(Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13;
13		98-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff.
14		7-16-14.)
15		(705 ILCS 405/5-915)
16		Sec. 5-915. Expungement of juvenile law enforcement and
17		court records.
18		(0.05) For purposes of this Section and Section 5-622:
19		"Dissemination" or "disseminate" means to publish,
20		produce, print, manufacture, distribute, sell, lease,
21		exhibit, broadcast, display, transmit, or otherwise share
22		information in any format so as to make the information
23		accessible to others.
24		"Expunge" means to physically destroy the records and
25		to obliterate the minor's name and juvenile court records

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1		from any official index, or public record, or electronic
2		database both. No evidence of the juvenile court records
3		may be retained by any law enforcement agency, the juvenile
4		court, or by any municipal, county, or State agency or
5		department. Nothing in this Act shall require the physical
6		destruction of the internal office records, files, or
7		databases maintained by a State's Attorney's Office or
8		other prosecutor or by the Office of the Secretary of
9		State.
10		"Juvenile court record" includes, but is not limited
11		to:
12		(a) all documents filed in or maintained by the
13		juvenile court pertaining to a specific incident,
14		proceeding, or individual;
15		(b) all documents relating to a specific incident,
16		proceeding, or individual made available to or maintained
17		by probation officers;
18		(c) all documents, video or audio tapes,
19		photographs, and exhibits admitted into evidence at
20		juvenile court hearings; or
21		(d) all documents, transcripts, records, reports
22		or other evidence prepared by, maintained by, or released
23		by any municipal, county, or state agency or department, in
24		any format, if indicating involvement with the juvenile
25		court relating to a specific incident, proceeding, or
26		individual.

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1		"Law enforcement record" includes but is not limited to
2		records of arrest, station adjustments, fingerprints,
3		probation adjustments, the issuance of a notice to appear,
4		or any other records or documents maintained by any a law
5		enforcement agency relating to a minor suspected of
6		committing an offense or evidence of interaction with law
7		enforcement.
8		(0.1) (a) The Department of State Police and all law
9		enforcement agencies within the State shall automatically
10		expunge, on or before January 1 of each year, all law
11		enforcement records relating to events occurring before an
12		individual's 18th birthday if:
13		(1) one year or more has elapsed since the date of the
14		arrest or law enforcement interaction documented in the
15		records;
16		(2) no petition for delinquency or criminal charges
17		were filed with the clerk of the circuit court relating to
18		the arrest or law enforcement interaction documented in the
19		records; and
20		(3) 6 months have elapsed without an additional
21		subsequent arrest or filing of a petition for delinquency
22		or criminal charges whether related or not to the arrest or
23		law enforcement interaction documented in the records.
24		(b) If the law enforcement agency is unable to verify
25		satisfaction of conditions (2) and (3) of this subsection
26		(0.1), records that satisfy condition (1) of this subsection

HB3817 Engrossed - 25 - LRB100 11385 SLF 21783 b
1		(0.1) shall be automatically expunged if the records relate to
2		an offense that if committed by an adult would not be an
3		offense classified as Class 2 felony or higher, an offense
4		under Article 11 of the Criminal Code of 1961 or Criminal Code
5		of 2012, or an offense under 12-13, 12-14, 12-14.1, 12-15, or
6		12-16 of the Criminal Code of 1961.
7		(0.2) (a) Upon dismissal of a petition alleging delinquency
8		or upon a finding of not delinquent, the successful termination
9		of an order of supervision, or an adjudication for an offense
10		which would be a Class B misdemeanor, Class C misdemeanor, or a
11		petty or business offense if committed by an adult, the court
12		shall automatically order the expungement of the juvenile court
13		and law enforcement records within 60 business days.
14		(b) If the chief law enforcement officer of the agency, or
15		his or her designee, certifies in writing that certain
16		information is needed for a pending investigation involving the
17		commission of a felony, that information, and information
18		identifying the juvenile, may be retained in an intelligence
19		file until the investigation is terminated or for one
20		additional year, whichever is sooner. Retention of a portion of
21		a juvenile's law enforcement record does not disqualify the
22		remainder of his or her record from immediate automatic
23		expungement.
24		(0.3) (a) Upon an adjudication of delinquency based on any
25		offense except a disqualified offense, the juvenile court shall
26		automatically order the expungement of the juvenile records 2

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1		years after the juvenile's case was closed if no delinquency or
2		criminal proceeding is pending and the person has had no
3		subsequent delinquency adjudication or criminal conviction.
4		The court shall automatically order the expungement of the
5		juvenile court and law enforcement records within 60 business
6		days. For the purposes of this subsection (0.3), "disqualified
7		offense" means any of the following offenses: Section 8-1.2,
8		9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
9		10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
10		11-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
11		12-6.5, 12-7.1, 12-7.5, 12-32, 12-33, 12-34, 18-1, 18-2, 18-3,
12		18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-3.2,
13		29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
14		Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
15		of subsection (a) of Section 11-14.4, subsection (a-5) of
16		Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
17		Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
18		paragraph (1) or (2) of subsection (a) of Section 12-7.4,
19		subparagraph (i) of paragraph (1) of subsection (a) of Section
20		12-9, subparagraph (H) of paragraph (3) of subsection (a) of
21		Section 24-1.6, paragraph (1) of subsection (a) of Section
22		25-1, or subsection (a-7) of Section 31-1 of the Criminal Code
23		of 2012.
24		(b) If the chief law enforcement officer of the agency, or
25		his or her designee, certifies in writing that certain
26		information is needed for a pending investigation involving the

HB3817 Engrossed - 27 - LRB100 11385 SLF 21783 b
1		commission of a felony, that information, and information
2		identifying the juvenile, may be retained in an intelligence
3		file until the investigation is terminated or for one
4		additional year, whichever is sooner. Retention of a portion of
5		a juvenile's law enforcement record does not disqualify the
6		remainder of his or her record from immediate automatic
7		expungement.
8		(1) Nothing in this subsection (1) precludes an eligible
9		minor from obtaining expungement under subsections (0.1),
10		(0.2), or (0.3). Whenever a person has been arrested, charged,
11		or adjudicated delinquent for an incident occurring before his
12		or her 18th birthday that if committed by an adult would be an
13		offense, and that person's records are not eligible for
14		automatic expungement under subsections (0.1), (0.2), or
15		(0.3), the person may petition the court at any time for
16		expungement of law enforcement records and juvenile court
17		records relating to the incident and upon termination of all
18		juvenile court proceedings relating to that incident, the court
19		shall order the expungement of all records in the possession of
20		the Department of State Police, the clerk of the circuit court,
21		and law enforcement agencies relating to the incident, but only
22		in any of the following circumstances:
23		(a) the minor was arrested and no petition for
24		delinquency was filed with the clerk of the circuit court;
25		(a-5) the minor was charged with an offense and the
26		petition or petitions were dismissed without a finding of

HB3817 Engrossed - 28 - LRB100 11385 SLF 21783 b
1		delinquency;
2		(b) the minor was charged with an offense and was found
3		not delinquent of that offense;
4		(c) the minor was placed under supervision pursuant to
5		Section 5-615, and the order of supervision has since been
6		successfully terminated; or
7		(d) the minor was adjudicated for an offense which
8		would be a Class B misdemeanor, Class C misdemeanor, or a
9		petty or business offense if committed by an adult.
10		(1.5) Commencing 180 days after the effective date of this
11		amendatory Act of the 98th General Assembly, the Department of
12		State Police shall automatically expunge, on or before January
13		1 of each year, a person's law enforcement records which are
14		not subject to subsection (1) relating to incidents occurring
15		before his or her 18th birthday in the Department's possession
16		or control and which contains the final disposition which
17		pertain to the person when arrested as a minor if:
18		(a) the minor was arrested for an eligible offense and
19		no petition for delinquency was filed with the clerk of the
20		circuit court; and
21		(b) the person attained the age of 18 years during the
22		last calendar year; and
23		(c) since the date of the minor's most recent arrest,
24		at least 6 months have elapsed without an additional
25		arrest, filing of a petition for delinquency whether
26		related or not to a previous arrest, or filing of charges

HB3817 Engrossed - 29 - LRB100 11385 SLF 21783 b
1		not initiated by arrest.
2		The Department of State Police shall allow a person to use
3		the Access and Review process, established in the Department of
4		State Police, for verifying that his or her law enforcement
5		records relating to incidents occurring before his or her 18th
6		birthday eligible under this Act subsection have been expunged
7		as provided in this subsection.
8		The Department of State Police shall provide by rule the
9		process for access, review, and automatic expungement.
10		(1.6) (Blank). Commencing on the effective date of this
11		amendatory Act of the 98th General Assembly, a person whose law
12		enforcement records are not subject to subsection (1) or (1.5)
13		of this Section and who has attained the age of 18 years may
14		use the Access and Review process, established in the
15		Department of State Police, for verifying his or her law
16		enforcement records relating to incidents occurring before his
17		or her 18th birthday in the Department's possession or control
18		which pertain to the person when arrested as a minor, if the
19		incident occurred no earlier than 30 years before the effective
20		date of this amendatory Act of the 98th General Assembly. If
21		the person identifies a law enforcement record of an eligible
22		offense that meets the requirements of this subsection,
23		paragraphs (a) and (c) of subsection (1.5) of this Section, and
24		all juvenile court proceedings related to the person have been
25		terminated, the person may file a Request for Expungement of
26		Juvenile Law Enforcement Records, in the form and manner

HB3817 Engrossed - 30 - LRB100 11385 SLF 21783 b
1		prescribed by the Department of State Police, with the
2		Department and the Department shall consider expungement of the
3		record as otherwise provided for automatic expungement under
4		subsection (1.5) of this Section. The person shall provide
5		notice and a copy of the Request for Expungement of Juvenile
6		Law Enforcement Records to the arresting agency, prosecutor
7		charged with the prosecution of the minor, or the State's
8		Attorney of the county that prosecuted the minor. The
9		Department of State Police shall provide by rule the process
10		for access, review, and Request for Expungement of Juvenile Law
11		Enforcement Records.
12		(1.7) (Blank). Nothing in subsections (1.5) and (1.6) of
13		this Section precludes a person from filing a petition under
14		subsection (1) for expungement of records subject to automatic
15		expungement under that subsection (1) or subsection (1.5) or
16		(1.6) of this Section.
17		(1.8) (Blank). For the purposes of subsections (1.5) and
18		(1.6) of this Section, "eligible offense" means records
19		relating to an arrest or incident occurring before the person's
20		18th birthday that if committed by an adult is not an offense
21		classified as a Class 2 felony or higher offense, an offense
22		under Article 11 of the Criminal Code of 1961 or the Criminal
23		Code of 2012, or an offense under Section 12-13, 12-14,
24		12-14.1, 12-15, or 12-16 of the Criminal Code of 1961.
25		(2) Any person whose delinquency adjudications are not
26		eligible for automatic expungement under subsection (0.3) of

HB3817 Engrossed - 31 - LRB100 11385 SLF 21783 b
1		this Section may petition the court to expunge all law
2		enforcement records relating to any incidents occurring before
3		his or her 18th birthday which did not result in proceedings in
4		criminal court and all juvenile court records with respect to
5		any adjudications except those based upon first degree murder
6		or an offense under Article 11 of the Criminal Code of 2012 if
7		the person is required to register under the Sex Offender
8		Registration Act; provided that: and sex offenses which would
9		be felonies if committed by an adult, if the person for whom
10		expungement is sought has had no convictions for any crime
11		since his or her 18th birthday and:
12		(a) (blank); or has attained the age of 21 years; or
13		(b) 2 5 years have elapsed since all juvenile court
14		proceedings relating to him or her have been terminated and
15		or his or her commitment to the Department of Juvenile
16		Justice under pursuant to this Act has been terminated. ;
17		whichever is later of (a) or (b). Nothing in this Section 5-915
18		precludes a minor from obtaining expungement under Section
19		5-622.
20		(2.5) If a minor is arrested and no petition for
21		delinquency is filed with the clerk of the circuit court as
22		provided in paragraph (a) of subsection (1) at the time the
23		minor is released from custody, the youth officer, if
24		applicable, or other designated person from the arresting
25		agency, shall notify verbally and in writing to the minor or
26		the minor's parents or guardians that the minor has a right to

HB3817 Engrossed - 32 - LRB100 11385 SLF 21783 b
1		petition to have his or her arrest record expunged when all
2		juvenile court proceedings relating to that minor have been
3		terminated and that unless a petition to expunge is filed, that
4		the minor shall have an arrest record and shall provide the
5		minor and the minor's parents or guardians with an expungement
6		information packet, information regarding this State's
7		expungement laws including a petition to expunge juvenile
8		records obtained from the clerk of the circuit court.
9		(2.6) If a minor is referred to court charged with an
10		offense and is found not delinquent of that offense; or if a
11		minor is placed under supervision under Section 5-615, and the
12		order of supervision is successfully terminated; or if a minor
13		is adjudicated for an offense that would be a Class B
14		misdemeanor, a Class C misdemeanor, or a business or petty
15		offense if committed by an adult; or if a minor has incidents
16		occurring before his or her 18th birthday that have not
17		resulted in proceedings in criminal court, or resulted in
18		proceedings in juvenile court, and the adjudications were not
19		based upon first degree murder or sex offenses that would be
20		felonies if committed by an adult; then at the time of
21		sentencing or dismissal of the case, or successful completion
22		of supervision, the judge shall inform the delinquent minor of
23		his or her rights regarding expungement right to petition for
24		expungement as provided by law, and the clerk of the circuit
25		court shall provide an expungement information packet to the
26		delinquent minor, written in plain language, including

HB3817 Engrossed - 33 - LRB100 11385 SLF 21783 b
1		information regarding this State's expungement laws and a
2		petition for expungement, a sample of a completed petition,
3		expungement instructions that shall include information
4		informing the minor that (i) once the case is expunged, it
5		shall be treated as if it never occurred, (ii) he or she may
6		apply to have petition fees waived, (iii) once he or she
7		obtains an expungement, he or she may not be required to
8		disclose that he or she had a juvenile record, and (iv) if
9		petitioning he or she may file the petition on his or her own
10		or with the assistance of an attorney. The failure of the judge
11		to inform the delinquent minor of his or her right to petition
12		for expungement as provided by law does not create a
13		substantive right, nor is that failure grounds for: (i) a
14		reversal of an adjudication of delinquency, (ii) a new trial;
15		or (iii) an appeal.
16		(2.7) (Blank). For counties with a population over
17		3,000,000, the clerk of the circuit court shall send a
18		"Notification of a Possible Right to Expungement" post card to
19		the minor at the address last received by the clerk of the
20		circuit court on the date that the minor attains the age of 18
21		based on the birthdate provided to the court by the minor or
22		his or her guardian in cases under paragraphs (b), (c), and (d)
23		of subsection (1); and when the minor attains the age of 21
24		based on the birthdate provided to the court by the minor or
25		his or her guardian in cases under subsection (2).
26		(2.8) The petition for expungement for subsection (1) and

HB3817 Engrossed - 34 - LRB100 11385 SLF 21783 b
1		(2) may include multiple offenses on the same petition and
2		shall be substantially in the following form:
3		IN THE CIRCUIT COURT OF ......, ILLINOIS
4		........ JUDICIAL CIRCUIT
5		IN THE INTEREST OF ) NO.
6		)
7		)
8		...................)
9		(Name of Petitioner)
10		PETITION TO EXPUNGE JUVENILE RECORDS
11		(705 ILCS 405/5-915 (SUBSECTION 1 AND 2 ))
12		Now comes ............., petitioner, and respectfully requests
13		that this Honorable Court enter an order expunging all juvenile
14		law enforcement and court records of petitioner and in support
15		thereof states that: Petitioner has attained the age of ....,
16		his/her birth date being ......, or all Juvenile Court
17		proceedings terminated as of ......, whichever occurred later.
18		Petitioner was arrested on ..... by the ....... Police
19		Department for the offense or offenses of ......., and:
20		(Check All That Apply:)
21		( ) a. no petition or petitions were filed with the Clerk of
22		the Circuit Court.
23		( ) b. was charged with ...... and was found not delinquent of
24		the offense or offenses.

HB3817 Engrossed - 35 - LRB100 11385 SLF 21783 b
1		( ) c. a petition or petitions were filed and the petition or
2		petitions were dismissed without a finding of delinquency on
3		.....
4		( ) d. on ....... placed under supervision pursuant to Section
5		5-615 of the Juvenile Court Act of 1987 and such order of
6		supervision successfully terminated on ........
7		( ) e. was adjudicated for the offense or offenses, which would
8		have been a Class B misdemeanor, a Class C misdemeanor, or a
9		petty offense or business offense if committed by an adult.
10		( ) f. was adjudicated for a Class A misdemeanor or felony,
11		except first degree murder or an offense under Article 11 of
12		the Criminal Code of 2012 if the person is required to register
13		under the Sex Offender Registration Act, and 2 years have
14		passed since the case was closed.
15		Petitioner .... has .... has not been arrested on charges in
16		this or any county other than the charges listed above. If
17		petitioner has been arrested on additional charges, please list
18		the charges below:
19		Charge(s): ......
20		Arresting Agency or Agencies: ...........
21		Disposition/Result: (choose from a. through f e., above): .....
22		WHEREFORE, the petitioner respectfully requests this Honorable
23		Court to (1) order all law enforcement agencies to expunge all
24		records of petitioner to this incident or incidents, and (2) to
25		order the Clerk of the Court to expunge all records concerning
26		the petitioner regarding this incident or incidents.

HB3817 Engrossed - 36 - LRB100 11385 SLF 21783 b
1		......................
2		Petitioner (Signature)
3		..........................
4		Petitioner's Street Address
5		.....................
6		City, State, Zip Code
7		.............................
8		Petitioner's Telephone Number
9		Pursuant to the penalties of perjury under the Code of Civil
10		Procedure, 735 ILCS 5/1-109, I hereby certify that the
11		statements in this petition are true and correct, or on
12		information and belief I believe the same to be true.
13		......................
14		Petitioner (Signature)
15		The Petition for Expungement for subsection (2) shall be
16		substantially in the following form:
17		IN THE CIRCUIT COURT OF ........, ILLINOIS
18		........ JUDICIAL CIRCUIT

HB3817 Engrossed - 37 - LRB100 11385 SLF 21783 b
1		IN THE INTEREST OF ) NO.
2		)
3		)
4		...................)
5		(Name of Petitioner)
6		PETITION TO EXPUNGE JUVENILE RECORDS
7		(705 ILCS 405/5-915 (SUBSECTION 2))
8		(Please prepare a separate petition for each offense)
9		Now comes ............, petitioner, and respectfully requests
10		that this Honorable Court enter an order expunging all Juvenile
11		Law Enforcement and Court records of petitioner and in support
12		thereof states that:
13		The incident for which the Petitioner seeks expungement
14		occurred before the Petitioner's 18th birthday and did not
15		result in proceedings in criminal court and the Petitioner has
16		not had any convictions for any crime since his/her 18th
17		birthday; and
18		The incident for which the Petitioner seeks expungement
19		occurred before the Petitioner's 18th birthday and the
20		adjudication was not based upon first-degree murder or sex
21		offenses which would be felonies if committed by an adult, and
22		the Petitioner has not had any convictions for any crime since
23		his/her 18th birthday.
24		Petitioner was arrested on ...... by the ....... Police
25		Department for the offense of ........, and:

HB3817 Engrossed - 38 - LRB100 11385 SLF 21783 b
1		(Check whichever one occurred the latest:)
2		( ) a. The Petitioner has attained the age of 21 years, his/her
3		birthday being .......; or
4		( ) b. 5 years have elapsed since all juvenile court
5		proceedings relating to the Petitioner have been terminated; or
6		the Petitioner's commitment to the Department of Juvenile
7		Justice pursuant to the expungement of juvenile law enforcement
8		and court records provisions of the Juvenile Court Act of 1987
9		has been terminated. Petitioner ...has ...has not been arrested
10		on charges in this or any other county other than the charge
11		listed above. If petitioner has been arrested on additional
12		charges, please list the charges below:
13		Charge(s): ..........
14		Arresting Agency or Agencies: .......
15		Disposition/Result: (choose from a or b, above): ..........
16		WHEREFORE, the petitioner respectfully requests this Honorable
17		Court to (1) order all law enforcement agencies to expunge all
18		records of petitioner related to this incident, and (2) to
19		order the Clerk of the Court to expunge all records concerning
20		the petitioner regarding this incident.
21		.......................
22		Petitioner (Signature)
23		......................
24		Petitioner's Street Address

HB3817 Engrossed - 39 - LRB100 11385 SLF 21783 b
1		.....................
2		City, State, Zip Code
3		.............................
4		Petitioner's Telephone Number
5		Pursuant to the penalties of perjury under the Code of Civil
6		Procedure, 735 ILCS 5/1-109, I hereby certify that the
7		statements in this petition are true and correct, or on
8		information and belief I believe the same to be true.
9		......................
10		Petitioner (Signature)
11		(3) The chief judge of the circuit in which an arrest was
12		made or a charge was brought or any judge of that circuit
13		designated by the chief judge may, upon verified petition of a
14		person who is the subject of an arrest or a juvenile court
15		proceeding under subsection (1) or (2) of this Section, order
16		the law enforcement records or official court file, or both, to
17		be expunged from the official records of the arresting
18		authority, the clerk of the circuit court and the Department of
19		State Police. The person whose records are to be expunged shall
20		petition the court using the appropriate form containing his or
21		her current address and shall promptly notify the clerk of the
22		circuit court of any change of address. Notice of the petition
23		shall be served upon the State's Attorney or prosecutor charged
24		with the duty of prosecuting the offense, the Department of

HB3817 Engrossed - 40 - LRB100 11385 SLF 21783 b
1		State Police, and the arresting agency or agencies by the clerk
2		of the circuit court. If an objection is filed within 45 days
3		of the notice of the petition, the clerk of the circuit court
4		shall set a date for hearing after the 45-day 45 day objection
5		period. At the hearing the court shall hear evidence on whether
6		the expungement should or should not be granted. Unless the
7		State's Attorney or prosecutor, the Department of State Police,
8		or an arresting agency objects to the expungement within 45
9		days of the notice, the court may enter an order granting
10		expungement. The clerk shall forward a certified copy of the
11		order to the Department of State Police and deliver a certified
12		copy of the order to the arresting agency.
13		(3.1) The Notice of Expungement shall be in substantially
14		the following form:
15		IN THE CIRCUIT COURT OF ....., ILLINOIS
16		.... JUDICIAL CIRCUIT
17		IN THE INTEREST OF ) NO.
18		)
19		)
20		...................)
21		(Name of Petitioner)
22		NOTICE
23		TO: State's Attorney
24		TO: Arresting Agency

HB3817 Engrossed - 41 - LRB100 11385 SLF 21783 b
1
2		................
3		................
4
5		................
6		................
7		TO: Illinois State Police
8
9		.....................
10
11		.....................
12		ATTENTION: Expungement
13		You are hereby notified that on ....., at ....., in courtroom
14		..., located at ..., before the Honorable ..., Judge, or any
15		judge sitting in his/her stead, I shall then and there present
16		a Petition to Expunge Juvenile records in the above-entitled
17		matter, at which time and place you may appear.
18		......................
19		Petitioner's Signature
20		...........................
21		Petitioner's Street Address
22		.....................
23		City, State, Zip Code
24		.............................
25		Petitioner's Telephone Number
26		PROOF OF SERVICE

HB3817 Engrossed - 42 - LRB100 11385 SLF 21783 b
1		On the ....... day of ......, 20..., I on oath state that I
2		served this notice and true and correct copies of the
3		above-checked documents by:
4		(Check One:)
5		delivering copies personally to each entity to whom they are
6		directed;
7		or
8		by mailing copies to each entity to whom they are directed by
9		depositing the same in the U.S. Mail, proper postage fully
10		prepaid, before the hour of 5:00 p.m., at the United States
11		Postal Depository located at .................
12		.........................................
13
14		Signature
15		Clerk of the Circuit Court or Deputy Clerk
16		Printed Name of Delinquent Minor/Petitioner: ....
17		Address: ........................................
18		Telephone Number: ...............................
19		(3.2) The Order of Expungement shall be in substantially
20		the following form:
21		IN THE CIRCUIT COURT OF ....., ILLINOIS
22		.... JUDICIAL CIRCUIT
23		IN THE INTEREST OF ) NO.
24		)
25		)

HB3817 Engrossed - 43 - LRB100 11385 SLF 21783 b
1		...................)
2		(Name of Petitioner)
3		DOB ................
4		Arresting Agency/Agencies ......
5		ORDER OF EXPUNGEMENT
6		(705 ILCS 405/5-915 (SUBSECTION 3))
7		This matter having been heard on the petitioner's motion and
8		the court being fully advised in the premises does find that
9		the petitioner is indigent or has presented reasonable cause to
10		waive all costs in this matter, IT IS HEREBY ORDERED that:
11		( ) 1. Clerk of Court and Department of State Police costs
12		are hereby waived in this matter.
13		( ) 2. The Illinois State Police Bureau of Identification
14		and the following law enforcement agencies expunge all records
15		of petitioner relating to an arrest dated ...... for the
16		offense of ......
17		Law Enforcement Agencies:
18		.........................
19		.........................
20		( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
21		Court expunge all records regarding the above-captioned case.
22		ENTER: ......................
23
24		JUDGE
25		DATED: .......

HB3817 Engrossed - 44 - LRB100 11385 SLF 21783 b
1		Name:
2		Attorney for:
3		Address: City/State/Zip:
4		Attorney Number:
5		(3.3) The Notice of Objection shall be in substantially the
6		following form:
7		IN THE CIRCUIT COURT OF ....., ILLINOIS
8		....................... JUDICIAL CIRCUIT
9		IN THE INTEREST OF ) NO.
10		)
11		)
12		...................)
13		(Name of Petitioner)
14		NOTICE OF OBJECTION
15		TO:(Attorney, Public Defender, Minor)
16		.................................
17		.................................
18		TO:(Illinois State Police)
19		.................................
20		.................................
21		TO:(Clerk of the Court)
22		.................................
23		.................................
24		TO:(Judge)

HB3817 Engrossed - 45 - LRB100 11385 SLF 21783 b
1		.................................
2		.................................
3		TO:(Arresting Agency/Agencies)
4		.................................
5		.................................
6		ATTENTION: You are hereby notified that an objection has been
7		filed by the following entity regarding the above-named minor's
8		petition for expungement of juvenile records:
9		( ) State's Attorney's Office;
10		( ) Prosecutor (other than State's Attorney's Office) charged
11		with the duty of prosecuting the offense sought to be expunged;
12		( ) Department of Illinois State Police; or
13		( ) Arresting Agency or Agencies.
14		The agency checked above respectfully requests that this case
15		be continued and set for hearing on whether the expungement
16		should or should not be granted.
17		DATED: .......
18		Name:
19		Attorney For:
20		Address:
21		City/State/Zip:
22		Telephone:
23		Attorney No.:
24		FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
25		This matter has been set for hearing on the foregoing
26		objection, on ...... in room ...., located at ....., before the

HB3817 Engrossed - 46 - LRB100 11385 SLF 21783 b
1		Honorable ....., Judge, or any judge sitting in his/her stead.
2		(Only one hearing shall be set, regardless of the number of
3		Notices of Objection received on the same case).
4		A copy of this completed Notice of Objection containing the
5		court date, time, and location, has been sent via regular U.S.
6		Mail to the following entities. (If more than one Notice of
7		Objection is received on the same case, each one must be
8		completed with the court date, time and location and mailed to
9		the following entities):
10		( ) Attorney, Public Defender or Minor;
11		( ) State's Attorney's Office;
12		( ) Prosecutor (other than State's Attorney's Office) charged
13		with the duty of prosecuting the offense sought to be expunged;
14		( ) Department of Illinois State Police; and
15		( ) Arresting agency or agencies.
16		Date: ......
17		Initials of Clerk completing this section: .....
18		(4)(a) Upon entry of an order expunging records or files,
19		the offense, which the records or files concern shall be
20		treated as if it never occurred. Law enforcement officers and
21		other public offices and agencies shall properly reply on
22		inquiry that no record or file exists with respect to the
23		person.
24		(a-5) Local law enforcement agencies shall send written
25		notice to the minor of the expungement of any records within 60
26		days of automatic expungement or the date of service of an

HB3817 Engrossed - 47 - LRB100 11385 SLF 21783 b
1		expungement order, whichever applies. If a minor's court file
2		has been expunged, the clerk of the circuit court shall send
3		written notice to the minor of the expungement of any records
4		within 60 days of automatic expungement or the date of service
5		of an expungement order, whichever applies.
6		(b) Except with respect to authorized military personnel,
7		an expunged juvenile record may not be considered by any
8		private or public entity in employment matters, certification,
9		licensing, revocation of certification or licensure, or
10		registration. Applications for employment within the State
11		must contain specific language that states that the applicant
12		is not obligated to disclose expunged juvenile records of
13		adjudication or arrest. Employers may not ask, in any format or
14		context, if an applicant has had a juvenile record expunged.
15		Information about an expunged record obtained by a potential
16		employer, even inadvertently, from an employment application
17		that does not contain specific language that states that the
18		applicant is not obligated to disclose expunged juvenile
19		records of adjudication or arrest, shall be treated as
20		dissemination of an expunged record by the employer.
21		(c) A person whose juvenile records have been expunged is
22		not entitled to remission of any fines, costs, or other money
23		paid as a consequence of expungement.
24		(5) (Blank). Records which have not been expunged are
25		sealed, and may be obtained only under the provisions of
26		Sections 5-901, 5-905 and 5-915.

HB3817 Engrossed - 48 - LRB100 11385 SLF 21783 b
1		(5.5) Whether or not expunged, records eligible for
2		automatic expungement under subdivision (0.1)(a), (0.2)(a), or
3		(0.3)(a) may be treated as expunged by the individual subject
4		to the records.
5		(6) Nothing in this Section shall be construed to prohibit
6		the maintenance of information relating to an offense after
7		records or files concerning the offense have been expunged if
8		the information is kept in a manner that does not enable
9		identification of the individual offender. This information
10		may only be used for anonymous statistical and bona fide
11		research purposes.
12		(6.5) The Department of State Police or any employee of the
13		Department shall be immune from civil or criminal liability for
14		failure to expunge any records of arrest that are subject to
15		expungement under subsection (1.5) or (1.6) of this Section
16		because of inability to verify a record. Nothing in subsection
17		(1.5) or (1.6) of this Section shall create Department of State
18		Police liability or responsibility for the expungement of law
19		enforcement records it does not possess.
20		(7)(a) The State Appellate Defender shall establish,
21		maintain, and carry out, by December 31, 2004, a juvenile
22		expungement program to provide information and assistance to
23		minors eligible to have their juvenile records expunged.
24		(b) The State Appellate Defender shall develop brochures,
25		pamphlets, and other materials in printed form and through the
26		agency's World Wide Web site. The pamphlets and other materials

HB3817 Engrossed - 49 - LRB100 11385 SLF 21783 b
1		shall include at a minimum the following information:
2		(i) An explanation of the State's juvenile expungement
3		laws, including both automatic expungement and expungement
4		by petition process;
5		(ii) The circumstances under which juvenile
6		expungement may occur;
7		(iii) The juvenile offenses that may be expunged;
8		(iv) The steps necessary to initiate and complete the
9		juvenile expungement process; and
10		(v) Directions on how to contact the State Appellate
11		Defender.
12		(c) The State Appellate Defender shall establish and
13		maintain a statewide toll-free telephone number that a person
14		may use to receive information or assistance concerning the
15		expungement of juvenile records. The State Appellate Defender
16		shall advertise the toll-free telephone number statewide. The
17		State Appellate Defender shall develop an expungement
18		information packet that may be sent to eligible persons seeking
19		expungement of their juvenile records, which may include, but
20		is not limited to, a pre-printed expungement petition with
21		instructions on how to complete the petition and a pamphlet
22		containing information that would assist individuals through
23		the juvenile expungement process.
24		(d) The State Appellate Defender shall compile a statewide
25		list of volunteer attorneys willing to assist eligible
26		individuals through the juvenile expungement process.

HB3817 Engrossed - 50 - LRB100 11385 SLF 21783 b
1		(e) This Section shall be implemented from funds
2		appropriated by the General Assembly to the State Appellate
3		Defender for this purpose. The State Appellate Defender shall
4		employ the necessary staff and adopt the necessary rules for
5		implementation of this Section.
6		(7.5) (a) Willful dissemination of any information
7		contained in an expunged record shall be treated as a Class C
8		misdemeanor and punishable by a fine of $1,000 per violation.
9		(b) Willful dissemination for financial gain of any
10		information contained in an expunged record shall be treated as
11		a Class 4 felony. Dissemination for financial gain by an
12		employee of any municipal, county, or State agency, including
13		law enforcement, shall result in immediate termination.
14		(c) The person whose record was expunged has a right of
15		action against any person who intentionally disseminates an
16		expunged record. In the proceeding, punitive damages up to an
17		amount of $1,000 may be sought in addition to any actual
18		damages. The prevailing party shall be entitled to costs and
19		reasonable attorney fees.
20		(d) The punishments for dissemination of an expunged record
21		shall never apply to the person whose record was expunged.
22		(8)(a) An Except with respect to law enforcement agencies,
23		the Department of Corrections, State's Attorneys, or other
24		prosecutors, an expunged juvenile record may not be considered
25		by any private or public entity in employment matters,
26		certification, licensing, revocation of certification or

HB3817 Engrossed - 51 - LRB100 11385 SLF 21783 b
1		licensure, or registration. Applications for employment must
2		contain specific language that states that the applicant is not
3		obligated to disclose expunged juvenile records of
4		adjudication, conviction, or arrest. Employers may not ask if
5		an applicant has had a juvenile record expunged. Effective
6		January 1, 2005, the Department of Labor shall develop a link
7		on the Department's website to inform employers that employers
8		may not ask if an applicant had a juvenile record expunged and
9		that application for employment must contain specific language
10		that states that the applicant is not obligated to disclose
11		expunged juvenile records of adjudication, arrest, or
12		conviction.
13		(b) A person whose juvenile records have been expunged is
14		not entitled to remission of any fines, costs, or other money
15		paid as a consequence of expungement. This amendatory Act of
16		the 93rd General Assembly does not affect the right of the
17		victim of a crime to prosecute or defend a civil action for
18		damages.
19		(c) The expungement of juvenile records under subsections
20		0.1, 0.2, or 0.3 of this Section Section 5-622 shall be funded
21		by the additional fine imposed under Section 5-9-1.17 of the
22		Unified Code of Corrections and additional appropriations made
23		by the General Assembly for such purpose.
24		(9) (Blank). The changes made to this Section by Public Act
25		98-61 apply to law enforcement records of a minor who has been
26		arrested or taken into custody on or after January 1, 2014 (the

HB3817 Engrossed - 52 - LRB100 11385 SLF 21783 b
1		effective date of Public Act 98-61).
2		(10) (Blank). The changes made in subsection (1.5) of this
3		Section by this amendatory Act of the 98th General Assembly
4		apply to law enforcement records of a minor who has been
5		arrested or taken into custody on or after January 1, 2015. The
6		changes made in subsection (1.6) of this Section by this
7		amendatory Act of the 98th General Assembly apply to law
8		enforcement records of a minor who has been arrested or taken
9		into custody before January 1, 2015.
10		(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756,
11		eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised
12		9-2-16.)
13		(705 ILCS 405/5-622 rep.)
14		Section 10. The Juvenile Court Act of 1987 is amended by
15		repealing Section 5-622.