Rep. Elaine Nekritz
Filed: 3/7/2017
 
 


 




10000HB3817ham001LRB100 11385 SLF 22529 a



1
AMENDMENT TO HOUSE BILL 3817




2 AMENDMENT NO. ______. Amend House Bill 3817 by replacing 
3everything after the enacting clause with the following:


4 "Section 5. The Juvenile Court Act of 1987 is amended by 
5changing 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, municipal 
8ordinance violation, and traffic records. 

9 (A) All juvenile records which have not been expunged are 
10sealed and may never be disclosed to the general public or 
11otherwise made widely available. Sealed records may be obtained 
12only under this Section and Section 1-8 and 5-915 of this Act, 
13when their use is needed for good cause and with the approval 
14of the juvenile court, as required. Inspection and copying of 
15law enforcement records maintained by law
enforcement agencies 
16or records of municipal ordinance or traffic violations 
 
 
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1maintained by any State, local, or municipal agency that relate 
2to a minor who has been investigated, arrested, or taken
into 
3custody before his or her 18th birthday shall be restricted to 
4the
following:

5  (1) Any local, State or federal law enforcement 
6 officers of any
jurisdiction or agency when necessary for 
7 the discharge of their official
duties during the 
8 investigation or prosecution of a crime or relating to a

9 minor who has been adjudicated delinquent and there has 
10 been a previous finding
that the act which constitutes the 
11 previous offense was committed in
furtherance of criminal 
12 activities by a criminal street gang, or, when necessary 
13 for the discharge of its official duties in connection with 
14 a particular investigation of the conduct of a law 
15 enforcement officer, an independent agency or its staff 
16 created by ordinance and charged by a unit of local 
17 government with the duty of investigating the conduct of 
18 law enforcement officers. For purposes of
this Section, 
19 "criminal street gang" has the meaning ascribed to it in

20 Section 10 of the Illinois Streetgang Terrorism Omnibus 
21 Prevention Act.

22  (2) Prosecutors, probation officers, social workers, 
23 or other
individuals assigned by the court to conduct a 
24 pre-adjudication or
pre-disposition investigation, and 
25 individuals responsible for supervising
or providing 
26 temporary or permanent care and custody for minors pursuant 
 
 
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1 to
the order of the juvenile court, when essential to 
2 performing their
responsibilities.

3  (3) Prosecutors and probation officers:

4   (a) in the course of a trial when institution of 
5 criminal proceedings
has been permitted or required 
6 under Section 5-805; or

7   (b) when institution of criminal proceedings has 
8 been permitted or required under Section 5-805 and such 
9 minor is the
subject
of a proceeding to determine the 
10 amount of bail; or

11   (c) when criminal proceedings have been permitted

12 or
required under Section 5-805 and such minor is the 
13 subject of a
pre-trial
investigation, pre-sentence 
14 investigation, fitness hearing, or proceedings
on an 
15 application for probation.

16  (4) Adult and Juvenile Prisoner Review Board.

17  (5) Authorized military personnel.

18  (6) Persons engaged in bona fide research, with the 
19 permission of the
Presiding Judge of the Juvenile Court and 
20 the chief executive of the respective
law enforcement 
21 agency; provided that publication of such research results

22 in no disclosure of a minor's identity and protects the 
23 confidentiality
of the minor's record.

24  (7) Department of Children and Family Services child 
25 protection
investigators acting in their official 
26 capacity.

 
 
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1  (8) The appropriate school official only if the agency 
2 or officer believes that there is an imminent threat of 
3 physical harm to students, school personnel, or others who 
4 are present in the school or on school grounds.
5    (A) Inspection and copying
shall be limited to law 
6 enforcement records transmitted to the appropriate

7 school official or officials whom the school has 
8 determined to have a legitimate educational or safety 
9 interest by a local law enforcement agency under a 
10 reciprocal reporting
system established and maintained 
11 between the school district and the local law

12 enforcement agency under Section 10-20.14 of the 
13 School Code concerning a minor
enrolled in a school 
14 within the school district who has been arrested or 
15 taken
into custody for any of the following offenses:

16    (i) any violation of Article 24 of the Criminal 
17 Code of
1961 or the Criminal Code of 2012;

18    (ii) a violation of the Illinois Controlled 
19 Substances Act;

20    (iii) a violation of the Cannabis Control Act;

21    (iv) a forcible felony as defined in Section 
22 2-8 of the Criminal Code
of 1961 or the Criminal 
23 Code of 2012;
24    (v) a violation of the Methamphetamine Control 
25 and Community Protection Act;


26    (vi) a violation of Section 1-2 of the 
 
 
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1 Harassing and Obscene Communications Act; 
2    (vii) a violation of the Hazing Act; or 
3    (viii) a violation of Section 12-1, 12-2, 
4 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 
5 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the 
6 Criminal Code of 1961 or the Criminal Code of 2012. 
7   The information derived from the law enforcement 
8 records shall be kept separate from and shall not 
9 become a part of the official school record of that 
10 child and shall not be a public record. The information 
11 shall be used solely by the appropriate school official 
12 or officials whom the school has determined to have a 
13 legitimate educational or safety interest to aid in the 
14 proper rehabilitation of the child and to protect the 
15 safety of students and employees in the school. If the 
16 designated law enforcement and school officials deem 
17 it to be in the best interest of the minor, the student 
18 may be referred to in-school or community based social 
19 services if those services are available. 
20 "Rehabilitation services" may include interventions by 
21 school support personnel, evaluation for eligibility 
22 for special education, referrals to community-based 
23 agencies such as youth services, behavioral healthcare 
24 service providers, drug and alcohol prevention or 
25 treatment programs, and other interventions as deemed 
26 appropriate for the student. 
 
 
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1   (B) Any information provided to appropriate school 
2 officials whom the school has determined to have a 
3 legitimate educational or safety interest by local law 
4 enforcement officials about a minor who is the subject 
5 of a current police investigation that is directly 
6 related to school safety shall consist of oral 
7 information only, and not written law enforcement 
8 records, and shall be used solely by the appropriate 
9 school official or officials to protect the safety of 
10 students and employees in the school and aid in the 
11 proper rehabilitation of the child. The information 
12 derived orally from the local law enforcement 
13 officials shall be kept separate from and shall not 
14 become a part of the official school record of the 
15 child and shall not be a public record. This limitation 
16 on the use of information about a minor who is the 
17 subject of a current police investigation shall in no 
18 way limit the use of this information by prosecutors in 
19 pursuing criminal charges arising out of the 
20 information disclosed during a police investigation of 
21 the minor. For purposes of this paragraph, 
22 "investigation" means an official systematic inquiry 
23 by a law enforcement agency into actual or suspected 
24 criminal activity. 
25  (9) Mental health professionals on behalf of the 
26 Illinois Department of
Corrections or the Department of 
 
 
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1 Human Services or prosecutors who are
evaluating, 
2 prosecuting, or investigating a potential or actual 
3 petition
brought
under the Sexually Violent Persons 
4 Commitment Act relating to a person who is
the
subject of 
5 juvenile law enforcement records or the respondent to a 
6 petition
brought under the Sexually Violent Persons 
7 Commitment Act who is the subject of
the
juvenile law 
8 enforcement records sought.
Any records and any 
9 information obtained from those records under this

10 paragraph (9) may be used only in sexually violent persons 
11 commitment
proceedings.

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

5 criminal proceedings.

6  (2) Law enforcement officers or other persons or 
7 agencies shall transmit
to the Department of State Police 
8 copies of fingerprints and descriptions
of all minors who 
9 have been arrested or taken into custody before their
18th 
10 birthday for the offense of unlawful use of weapons under 
11 Article 24 of
the Criminal Code of 1961 or the Criminal 
12 Code of 2012, a Class X or Class 1 felony, a forcible 
13 felony as
defined in Section 2-8 of the Criminal Code of 
14 1961 or the Criminal Code of 2012, or a Class 2 or greater

15 felony under the Cannabis Control Act, the Illinois 
16 Controlled Substances Act, the Methamphetamine Control and 
17 Community Protection Act,
or Chapter 4 of the Illinois 
18 Vehicle Code, pursuant to Section 5 of the
Criminal 
19 Identification Act. Information reported to the Department 
20 pursuant
to this Section may be maintained with records 
21 that the Department files
pursuant to Section 2.1 of the 
22 Criminal Identification Act. Nothing in this
Act prohibits 
23 a law enforcement agency from fingerprinting a minor taken 
24 into
custody or arrested before his or her 18th birthday 
25 for an offense other than
those listed in this paragraph 
26 (2).

 
 
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1 (C) The records of law enforcement officers, or of an 
2independent agency created by ordinance and charged by a unit 
3of local government with the duty of investigating the conduct 
4of law enforcement officers, concerning all minors under
18 
5years of age must be maintained separate from the records of 
6arrests and
may not be open to public inspection or their 
7contents disclosed to the
public except by order of the court 
8presiding over matters pursuant to this Act or when the 
9institution of criminal
proceedings has been permitted or 
10required under Section
5-805 or such a person has been 
11convicted of a crime and is the
subject of
pre-sentence 
12investigation or proceedings on an application for probation
or 
13when provided by law. For purposes of obtaining documents 
14pursuant to this Section, a civil subpoena is not an order of 
15the court.
16  (1) In cases where the law enforcement, or independent 
17 agency, records concern a pending juvenile court case, the 
18 party seeking to inspect the records shall provide actual 
19 notice to the attorney or guardian ad litem of the minor 
20 whose records are sought.
21  (2) In cases where the records concern a juvenile court 
22 case that is no longer pending, the party seeking to 
23 inspect the records shall provide actual notice to the 
24 minor or the minor's parent or legal guardian, and the 
25 matter shall be referred to the chief judge presiding over 
26 matters pursuant to this Act.
 
 
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1  (3) In determining whether the records should be 
2 available for inspection, the court shall consider the 
3 minor's interest in confidentiality and rehabilitation 
4 over the moving party's interest in obtaining the 
5 information. Any records obtained in violation of this 
6 subsection (C) shall not be admissible in any criminal or 
7 civil proceeding, or operate to disqualify a minor from 
8 subsequently holding public office or securing employment, 
9 or operate as a forfeiture of any public benefit, right, 
10 privilege, or right to receive any license granted by 
11 public authority.


12 (D) Nothing contained in subsection (C) of this Section 
13shall prohibit
the inspection or disclosure to victims and 
14witnesses of photographs
contained in the records of law 
15enforcement agencies when the
inspection and disclosure is 
16conducted in the presence of a law enforcement
officer for the 
17purpose of the identification or apprehension of any person

18subject to the provisions of this Act or for the investigation 
19or
prosecution of any crime.

20 (E) Law enforcement officers, and personnel of an 
21independent agency created by ordinance and charged by a unit 
22of local government with the duty of investigating the conduct 
23of law enforcement officers, may not disclose the identity of 
24any minor
in releasing information to the general public as to 
25the arrest, investigation
or disposition of any case involving 
26a minor.

 
 
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1 (F) Nothing contained in this Section shall prohibit law 
2enforcement
agencies from communicating with each other by 
3letter, memorandum, teletype or
intelligence alert bulletin or 
4other means the identity or other relevant
information 
5pertaining to a person under 18 years of age if there are

6reasonable grounds to believe that the person poses a real and 
7present danger
to the safety of the public or law enforcement 
8officers. The information
provided under this subsection (F) 
9shall remain confidential and shall not
be publicly disclosed, 
10except as otherwise allowed by law.

11 (G) Nothing in this Section shall prohibit the right of a 
12Civil Service
Commission or appointing authority of any state, 
13county or municipality
examining the character and fitness of 
14an applicant for employment with a law
enforcement agency, 
15correctional institution, or fire department
from obtaining 
16and examining the
records of any law enforcement agency 
17relating to any record of the applicant
having been arrested or 
18taken into custody before the applicant's 18th
birthday.

19 (H) The changes made to this Section by Public Act 98-61 
20apply to law enforcement records of a minor who has been 
21arrested or taken into custody on or after January 1, 2014 (the 
22effective date of Public Act 98-61). 
23 (I) Any person found to be in violation of this Section is 
24guilty of a Class B misdemeanor and subject to a fine of $1,000 
25per violation. This subsection (I) shall not apply to the 
26person who is the subject of the record.
 
 
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1 (J) A person convicted of violating this Section is liable 
2for damages in the amount of $1,000 or actual damages, 
3whichever is greater. 
4(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298, 
5eff. 8-6-15.)




6 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)



7 Sec. 1-8. Confidentiality and accessibility of juvenile 
8court records. 

9 (A) A juvenile adjudication shall never be considered a 
10conviction nor shall an adjudicated individual be considered a 
11criminal. A juvenile adjudication shall not operate to impose 
12upon the individual any of the civil disabilities ordinarily 
13imposed by or resulting from conviction. Adjudications shall 
14not prejudice or disqualify the individual in any civil service 
15application or appointment, from holding public office, or from 
16receiving any license granted by public authority. All juvenile 
17records which have not been expunged are sealed and may never 
18be disclosed to the general public or otherwise made widely 
19available. Sealed records may be obtained only under this 
20Section and Section 1-7 and Section 5-915 of this Act, when 
21their use is needed for good cause and with the approval of the 
22juvenile court, as required. Inspection and copying of juvenile 
23court records relating to a minor
who is the subject of a 
24proceeding under this Act shall be restricted to the
following:


25  (1) The minor who is the subject of record, his 
 
 
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1 parents, guardian
and counsel.


2  (2) Law enforcement officers and law enforcement 
3 agencies when such
information is essential to executing an 
4 arrest or search warrant or other
compulsory process, or to 
5 conducting an ongoing investigation
or relating to a minor 
6 who
has been adjudicated delinquent and there has been a 
7 previous finding that
the act which constitutes the 
8 previous offense was committed in furtherance
of criminal 
9 activities by a criminal street gang.


10  Before July 1, 1994, for the purposes of this Section, 
11 "criminal street
gang" means any ongoing
organization, 
12 association, or group of 3 or more persons, whether formal 
13 or
informal, having as one of its primary activities the 
14 commission of one or
more criminal acts and that has a 
15 common name or common identifying sign,
symbol or specific 
16 color apparel displayed, and whose members individually
or 
17 collectively engage in or have engaged in a pattern of 
18 criminal activity.


19  Beginning July 1, 1994, for purposes of this Section, 
20 "criminal street
gang" has the meaning ascribed to it in 
21 Section 10 of the Illinois Streetgang
Terrorism Omnibus 
22 Prevention Act.


23  (3) Judges, hearing officers, prosecutors, probation 
24 officers, social
workers or other
individuals assigned by 
25 the court to conduct a pre-adjudication or
predisposition 
26 investigation, and individuals responsible for supervising

 
 
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1 or providing temporary or permanent care and custody for 
2 minors pursuant
to the order of the juvenile court when 
3 essential to performing their
responsibilities.


4  (4) Judges, prosecutors and probation officers:


5   (a) in the course of a trial when institution of 
6 criminal proceedings
has been permitted or required 
7 under Section 5-805; or


8   (b) when criminal proceedings have been permitted

9 or
required under Section 5-805 and a minor is the 
10 subject of a
proceeding to
determine the amount of 
11 bail; or


12   (c) when criminal proceedings have been permitted

13 or
required under Section 5-805 and a minor is the 
14 subject of a
pre-trial
investigation, pre-sentence 
15 investigation or fitness hearing, or
proceedings on an 
16 application for probation; or


17   (d) when a minor becomes 18 years of age or older, 
18 and is the subject
of criminal proceedings, including a 
19 hearing to determine the amount of
bail, a pre-trial 
20 investigation, a pre-sentence investigation, a fitness

21 hearing, or proceedings on an application for 
22 probation.


23  (5) Adult and Juvenile Prisoner Review Boards.


24  (6) Authorized military personnel.


25  (7) Victims, their subrogees and legal 
26 representatives; however, such
persons shall have access 
 
 
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1 only to the name and address of the minor and
information 
2 pertaining to the disposition or alternative adjustment 
3 plan
of the juvenile court.


4  (8) Persons engaged in bona fide research, with the 
5 permission of the
presiding judge of the juvenile court and 
6 the chief executive of the agency
that prepared the 
7 particular records; provided that publication of such

8 research results in no disclosure of a minor's identity and 
9 protects the
confidentiality of the record.


10  (9) The Secretary of State to whom the Clerk of the 
11 Court shall report
the disposition of all cases, as 
12 required in Section 6-204 of the Illinois
Vehicle Code. 
13 However, information reported relative to these offenses 
14 shall
be privileged and available only to the Secretary of 
15 State, courts, and police
officers.


16  (10) The administrator of a bonafide substance abuse 
17 student
assistance program with the permission of the 
18 presiding judge of the
juvenile court.


19  (11) Mental health professionals on behalf of the 
20 Illinois Department of
Corrections or the Department of 
21 Human Services or prosecutors who are
evaluating, 
22 prosecuting, or investigating a potential or actual 
23 petition
brought
under the Sexually Violent Persons 
24 Commitment Act relating to a person who is the
subject of

25 juvenile court records or the respondent to a petition 
26 brought under
the
Sexually Violent Persons Commitment Act, 
 
 
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1 who is the subject of juvenile
court records
sought. Any 
2 records and any information obtained from those records 
3 under this
paragraph (11) may be used only in sexually 
4 violent persons commitment
proceedings.

5 (A-1) Findings and exclusions of paternity entered in 
6proceedings occurring under Article II of this Act shall be 
7disclosed, in a manner and form approved by the Presiding Judge 
8of the Juvenile Court, to the Department of Healthcare and 
9Family Services when necessary to discharge the duties of the 
10Department of Healthcare and Family Services under Article X of 
11the Illinois Public Aid Code. 
12 (B) A minor who is the victim in a juvenile proceeding 
13shall be
provided the same confidentiality regarding 
14disclosure of identity as the
minor who is the subject of 
15record.

16 (C) Juvenile Except as otherwise provided in this 
17subsection (C), juvenile court
records shall not be made 
18available to the general public. Subject to the limitations in 
19paragraphs (0.1) through (0.4) of this subsection (C), the 
20judge presiding over a juvenile court proceeding brought under 
21this Act, in his or her discretion, may order that juvenile 
22court records of an individual case be made available for 
23inspection upon request by a representative of an agency, 
24association, or news media entity or by a properly interested 
25person. For purposes of inspecting documents under this 
26subsection (C), a civil subpoena is not an order of the court.

 
 
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1  (0.1) In cases where the records concern a pending 
2 juvenile court case, the requesting party seeking to 
3 inspect the juvenile court records shall provide actual 
4 notice to the attorney or guardian ad litem of the minor 
5 whose records are sought.
6  (0.2) In cases where the records concern a juvenile 
7 court case that is no longer pending, the requesting party 
8 seeking to inspect the juvenile court records shall provide 
9 actual notice to the minor or the minor's parent or legal 
10 guardian, and the matter shall be referred to the chief 
11 judge presiding over matters pursuant to this Act.
12  (0.3) In determining whether records should be made 
13 available for inspection and whether inspection should be 
14 limited to certain parts of the file, the court shall 
15 consider the minor's interest in confidentiality and 
16 rehabilitation over the requesting party's interest in 
17 obtaining the information. The State's Attorney, the 
18 minor, and the minor's parents, guardian, and counsel shall 
19 at all times have the right to examine court files and 
20 records.
21  (0.4) Any records obtained in violation of this 
22 subsection (C) shall not be admissible in any criminal or 
23 civil proceeding, or operate to disqualify a minor from 
24 subsequently holding public office, or operate as a 
25 forfeiture of any public benefit, right, privilege, or 
26 right to receive any license granted by public authority.



 
 
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1  (1) The
court shall allow the general public to have 
2 access to the name, address, and offense of a minor
who is 
3 adjudicated a delinquent minor under this Act under either 
4 of the
following circumstances:


5   (A) The
adjudication of
delinquency was based upon 
6 the
minor's
commission of first degree murder, attempt 
7 to commit first degree
murder, aggravated criminal 
8 sexual assault, or criminal sexual assault; or


9   (B) The court has made a finding that the minor was 
10 at least 13 years of
age
at the time the act was 
11 committed and the adjudication of delinquency was 
12 based
upon the minor's commission of: (i)
an act in 
13 furtherance of the commission of a felony as a member 
14 of or on
behalf of a criminal street
gang, (ii) an act 
15 involving the use of a firearm in the commission of a

16 felony, (iii) an act that would be a Class X felony 
17 offense
under or
the minor's second or subsequent
Class 
18 2 or greater felony offense under the Cannabis Control 
19 Act if committed by an adult,
(iv) an act that would be 
20 a second or subsequent offense under Section 402 of
the 
21 Illinois Controlled Substances Act if committed by an 
22 adult, (v) an act
that would be an offense under 
23 Section 401 of the Illinois Controlled
Substances Act 
24 if committed by an adult, (vi) an act that would be a 
25 second or subsequent offense under Section 60 of the 
26 Methamphetamine Control and Community Protection Act, 
 
 
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1 or (vii) an act that would be an offense under another 
2 Section of the Methamphetamine Control and Community 
3 Protection Act.


4  (2) The court
shall allow the general public to have 
5 access to the name, address, and offense of a minor who is 
6 at least 13 years of age at
the time the offense
is 
7 committed and who is convicted, in criminal proceedings

8 permitted or required under Section 5-4, under either of 
9 the following
circumstances:


10   (A) The minor has been convicted of first degree 
11 murder, attempt
to commit first degree
murder, 
12 aggravated criminal sexual
assault, or criminal sexual 
13 assault,


14   (B) The court has made a finding that the minor was 
15 at least 13 years
of age
at the time the offense was 
16 committed and the conviction was based upon the
minor's 
17 commission of: (i)
an offense in
furtherance of the 
18 commission of a felony as a member of or on behalf of a

19 criminal street gang, (ii) an offense
involving the use 
20 of a firearm in the commission of a felony, (iii)
a 
21 Class X felony offense under or a second or subsequent 
22 Class 2 or
greater felony offense under the Cannabis 
23 Control Act, (iv) a
second or subsequent offense under 
24 Section 402 of the Illinois
Controlled Substances Act, 
25 (v) an offense under Section 401 of the Illinois

26 Controlled Substances Act, (vi) an act that would be a 
 
 
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1 second or subsequent offense under Section 60 of the 
2 Methamphetamine Control and Community Protection Act, 
3 or (vii) an act that would be an offense under another 
4 Section of the Methamphetamine Control and Community 
5 Protection Act.

6 (D) Pending or following any adjudication of delinquency 
7for
any offense defined
in Sections 11-1.20 through 11-1.60 or 
812-13 through 12-16 of the Criminal Code of 1961 or the 
9Criminal Code of 2012,
the victim of any such offense shall 
10receive the
rights set out in Sections 4 and 6 of the Bill of

11Rights for Victims and Witnesses of Violent Crime Act; and the

12juvenile who is the subject of the adjudication, 
13notwithstanding any other
provision of this Act, shall be 
14treated
as an adult for the purpose of affording such rights to 
15the victim.

16 (E) Nothing in this Section shall affect the right of a 
17Civil Service
Commission or appointing authority of any state, 
18county or municipality
examining the character and fitness of

19an applicant for employment with a law enforcement
agency, 
20correctional institution, or fire department to
ascertain

21whether that applicant was ever adjudicated to be a delinquent 
22minor and,
if so, to examine the records of disposition or 
23evidence which were made in
proceedings under this Act.

24 (F) Following any adjudication of delinquency for a crime 
25which would be
a felony if committed by an adult, or following 
26any adjudication of delinquency
for a violation of Section 
 
 
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124-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the 
2Criminal Code of 2012, the State's Attorney shall ascertain

3whether the minor respondent is enrolled in school and, if so, 
4shall provide
a copy of the dispositional order to the 
5principal or chief administrative
officer of the school. Access 
6to such juvenile records shall be limited
to the principal or 
7chief administrative officer of the school and any guidance

8counselor designated by him.

9 (G) Nothing contained in this Act prevents the sharing or

10disclosure of information or records relating or pertaining to 
11juveniles
subject to the provisions of the Serious Habitual 
12Offender Comprehensive
Action Program when that information is 
13used to assist in the early
identification and treatment of 
14habitual juvenile offenders.

15 (H) When a Court hearing a proceeding under Article II of 
16this Act becomes
aware that an earlier proceeding under Article 
17II had been heard in a different
county, that Court shall 
18request, and the Court in which the earlier
proceedings were 
19initiated shall transmit, an authenticated copy of the Court

20record, including all documents, petitions, and orders filed 
21therein and the
minute orders, transcript of proceedings, and 
22docket entries of the Court.

23 (I) The Clerk of the Circuit Court shall report to the 
24Department of
State
Police, in the form and manner required by 
25the Department of State Police, the
final disposition of each 
26minor who has been arrested or taken into custody
before his or 
 
 
10000HB3817ham001- 22 -LRB100 11385 SLF 22529 a


1her 18th birthday for those offenses required to be reported

2under Section 5 of the Criminal Identification Act. Information 
3reported to
the Department under this Section may be maintained 
4with records that the
Department files under Section 2.1 of the 
5Criminal Identification Act.

6 (J) The changes made to this Section by Public Act 98-61 
7apply to law enforcement records of a minor who has been 
8arrested or taken into custody on or after January 1, 2014 (the 
9effective date of Public Act 98-61). 
10 (K) Any person found to be in violation of this Section is 
11guilty of a Class B misdemeanor and subject to a fine of $1,000 
12per violation. This subsection (K) shall not apply to the 
13person who is the subject of the record.
14 (L) A person convicted of violating this Section is liable 
15for damages in the amount of $1,000 or actual damages, 
16whichever is greater. 
17(Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; 
1898-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff. 
197-16-14.)




20 (705 ILCS 405/5-915)

21 Sec. 5-915. Expungement of juvenile law enforcement and 
22court records. 

23 (0.05) For purposes of this Section and Section 5-622:
24  "Dissemination" or "disseminate" means to publish, 
25 produce, print, manufacture, distribute, sell, lease, 
 
 
10000HB3817ham001- 23 -LRB100 11385 SLF 22529 a


1 exhibit, broadcast, display, transmit, or otherwise share 
2 information in any format so as to make the information 
3 accessible to others. 
4  "Expunge" means to physically destroy the records and 
5 to obliterate the minor's name and juvenile court records 
6 from any official index, or public record, or electronic 
7 database both. No evidence of the juvenile court records 
8 may be retained by any law enforcement agency, the juvenile 
9 court, or by any municipal, county, or State agency or 
10 department. Nothing in this Act shall require the physical 
11 destruction of the internal office records, files, or 
12 databases maintained by a State's Attorney's Office or 
13 other prosecutor.
14  "Juvenile court record" includes, but is not limited 
15 to:
16   (a) all documents filed in or maintained by the 
17 juvenile court pertaining to a specific incident, 
18 proceeding, or individual;
19   (b) all documents relating to a specific incident, 
20 proceeding, or individual made available to or maintained 
21 by probation officers, social workers, or other 
22 individuals assigned by the court to conduct a 
23 pre-adjudication or predisposition investigation, or by 
24 individuals responsible for supervising or providing 
25 temporary or permanent care and custody for minors pursuant 
26 to the order of the juvenile court;
 
 
10000HB3817ham001- 24 -LRB100 11385 SLF 22529 a


1   (c) all documents, video or audio tapes, 
2 photographs, and exhibits admitted into evidence at 
3 juvenile court hearings; or
4   (d) all documents, transcripts, records, reports 
5 or other evidence prepared by, maintained by, or released 
6 by any municipal, county, or state agency or department, in 
7 any format, if indicating involvement with the juvenile 
8 court relating to a specific incident, proceeding, or 
9 individual. 
10  "Law enforcement record" includes but is not limited to 
11 records  of arrest, station adjustments, fingerprints, 
12 probation adjustments, the issuance of a notice to appear, 
13 or any other records or documents maintained by any a law 
14 enforcement agency relating to a minor suspected of 
15 committing an offense or evidence of interaction with law 
16 enforcement. 
17 (0.1) (a) The Department of State Police and all law 
18enforcement agencies within the State shall automatically 
19expunge, on or before January 1 of each year, all law 
20enforcement records relating to events occurring before an 
21individual's 18th birthday if:
22  (1) one year or more has elapsed since the date of the 
23 arrest or law enforcement interaction documented in the 
24 records;
25  (2) no petition for delinquency or criminal charges 
26 were filed with the clerk of the circuit court relating to 
 
 
10000HB3817ham001- 25 -LRB100 11385 SLF 22529 a


1 the arrest or law enforcement interaction documented in the 
2 records; and
3  (3) 6 months have elapsed without an additional 
4 subsequent arrest or filing of a petition for delinquency 
5 or criminal charges whether related or not to the arrest or 
6 law enforcement interaction documented in the records.
7 (b) If the individual is unable to satisfy conditions (2) 
8and (3) of this subsection (0.1), records that satisfy 
9condition (1) of this subsection (0.1) shall be automatically 
10expunged if the records relate to an offense that if committed 
11by an adult would not be an offense classified as Class 2 
12felony or higher, an offense under Article 11 of the Criminal 
13Code of 1961 or Criminal Code of 2012, or an offense under 
1412-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 
151961. 
16 (0.2) (a) Upon dismissal of a petition alleging delinquency 
17or upon a finding of not delinquent, the court shall order all 
18agencies named in the juvenile's court and probation files, 
19including each law enforcement agency, other municipal, 
20county, or State agencies who may have records of the 
21juvenile's adjudication, public or private correctional, 
22detention, treatment facilities, and each individual who 
23provided treatment or rehabilitation services for the juvenile 
24under an order of the court, to send that person's juvenile 
25records to the court within 5 business days. The court shall 
26then destroy the paper and electronic records and mail an 
 
 
10000HB3817ham001- 26 -LRB100 11385 SLF 22529 a


1affidavit of expungement to the person. Each law enforcement 
2agency shall affirm in an affidavit of expungement to the court 
3that it destroyed all paper and electronic copies of the 
4expunged records, except as provided in subdivision (0.2)(b) of 
5this Section.
6 (b) If the chief law enforcement officer of the agency, or 
7his or her designee, certifies in writing that certain 
8information is needed for a pending investigation involving the 
9commission of a felony, that information, and information 
10identifying the juvenile, may be retained in an intelligence 
11file until the investigation is terminated or for one 
12additional year, whichever is sooner. Retention of a portion of 
13a juvenile's law enforcement record does not disqualify the 
14remainder of his or her record from immediate automatic 
15expungement.
16 (0.3) (a) Upon an adjudication of delinquency based on any 
17offense except first degree murder, the juvenile court shall 
18automatically order the expungement of the juvenile records 2 
19years after the juvenile's case was closed if no delinquency or 
20criminal proceeding is pending and the person has had no 
21subsequent delinquency adjudication or criminal conviction. 
22This requires no application or action on the part of the 
23person. Upon receipt of the court order, all agencies named in 
24the juvenile's court and probation files, including each law 
25enforcement agency, other municipal, county or state agencies 
26who may have records of the juvenile's adjudication, public or 
 
 
10000HB3817ham001- 27 -LRB100 11385 SLF 22529 a


1private correctional, detention, and treatment facilities and 
2each individual who provided treatment or rehabilitation 
3services for the juvenile under an order of the court, to send 
4that person's juvenile records to the court within 5 business 
5days. The court shall then destroy the paper and electronic 
6records and mail an affidavit of expungement to the person. 
7Additionally, each law enforcement agency shall also affirm in 
8an affidavit of expungement to the court that it destroyed all 
9paper and electronic copies of the expunged records, except as 
10provided in subdivision (0.3)(b).
11 (b) If the chief law enforcement officer of the agency, or 
12his or her designee, certifies in writing that certain 
13information is needed for a pending investigation involving the 
14commission of a felony, that information, and information 
15identifying the juvenile, may be retained in an intelligence 
16file until the investigation is terminated or for one 
17additional year, whichever is sooner. Retention of a portion of 
18a juvenile's law enforcement record does not disqualify the 
19remainder of his or her record from immediate automatic 
20expungement. 
21 (1) Nothing in this subsection (1) precludes an eligible 
22minor from obtaining expungement under subsections (0.1), 
23(0.2), or (0.3). Whenever a person has been arrested, charged, 
24or adjudicated delinquent for an incident occurring before his 
25or her 18th birthday that if committed by an adult would be an 
26offense, and that person's records are not eligible for 
 
 
10000HB3817ham001- 28 -LRB100 11385 SLF 22529 a


1automatic expungement under subsections (0.1), (0.2), or 
2(0.3), the
person may petition the court at any time for 
3expungement of law
enforcement records and juvenile court 
4records relating to the incident and upon termination of all 
5juvenile
court proceedings relating to that incident, the court 
6shall order the expungement of all records in the possession of 
7the Department of State Police, the clerk of the circuit court, 
8and law enforcement agencies relating to the incident, but only 
9in any of the following circumstances:

10  (a) the minor was arrested and no petition for 
11 delinquency was filed with
the clerk of the circuit court;
12  (a-5) the minor was charged with an offense and the 
13 petition or petitions were dismissed without a finding of 
14 delinquency; 

15  (b) the minor was charged with an offense and was found 
16 not delinquent of
that offense;

17  (c) the minor was placed under supervision pursuant to 
18 Section 5-615, and
the order of
supervision has since been 
19 successfully terminated; or

20  (d)
the minor was adjudicated for an offense which 
21 would be a Class B
misdemeanor, Class C misdemeanor, or a 
22 petty or business offense if committed by an adult.

23 (1.5) (Blank). Commencing 180 days after the effective date 
24of this amendatory Act of the 98th General Assembly, the 
25Department of State Police shall automatically expunge, on or 
26before January 1 of each year, a person's law enforcement 
 
 
10000HB3817ham001- 29 -LRB100 11385 SLF 22529 a


1records which are not subject to subsection (1) relating to 
2incidents occurring before his or her 18th birthday in the 
3Department's possession or control and which contains the final 
4disposition which pertain to the person when arrested as a 
5minor if:

6  (a) the minor was arrested for an eligible offense and 
7 no petition for delinquency was filed with the clerk of the 
8 circuit court; and
9  (b) the person attained the age of 18 years during the 
10 last calendar year; and 
11  (c) since the date of the minor's most recent arrest, 
12 at least 6 months have elapsed without an additional 
13 arrest, filing of a petition for delinquency whether 
14 related or not to a previous arrest, or filing of charges 
15 not initiated by arrest.
16 The Department of State Police shall allow a person to use 
17the Access and Review process, established in the Department of 
18State Police, for verifying that his or her law enforcement 
19records relating to incidents occurring before his or her 18th 
20birthday eligible under this subsection have been expunged as 
21provided in subsection (0.1) of this Section this subsection. 
22 The Department of State Police shall provide by rule the 
23process for access, review, and automatic expungement. 
24 (1.6) (Blank). Commencing on the effective date of this 
25amendatory Act of the 98th General Assembly, a person whose law 
26enforcement records are not subject to subsection (1) or (1.5) 
 
 
10000HB3817ham001- 30 -LRB100 11385 SLF 22529 a


1of this Section and who has attained the age of 18 years may 
2use the Access and Review process, established in the 
3Department of State Police, for verifying his or her law 
4enforcement records relating to incidents occurring before his 
5or her 18th birthday in the Department's possession or control 
6which pertain to the person when arrested as a minor, if the 
7incident occurred no earlier than 30 years before the effective 
8date of this amendatory Act of the 98th General Assembly. If 
9the person identifies a law enforcement record of an eligible 
10offense that meets the requirements of this subsection, 
11paragraphs (a) and (c) of subsection (1.5) of this Section, and 
12all juvenile court proceedings related to the person have been 
13terminated, the person may file a Request for Expungement of 
14Juvenile Law Enforcement Records, in the form and manner 
15prescribed by the Department of State Police, with the 
16Department and the Department shall consider expungement of the 
17record as otherwise provided for automatic expungement under 
18subsection (1.5) of this Section. The person shall provide 
19notice and a copy of the Request for Expungement of Juvenile 
20Law Enforcement Records to the arresting agency, prosecutor 
21charged with the prosecution of the minor, or the State's 
22Attorney of the county that prosecuted the minor. The 
23Department of State Police shall provide by rule the process 
24for access, review, and Request for Expungement of Juvenile Law 
25Enforcement Records. 
26 (1.7) (Blank). Nothing in subsections (1.5) and (1.6) of 
 
 
10000HB3817ham001- 31 -LRB100 11385 SLF 22529 a


1this Section precludes a person from filing a petition under 
2subsection (1) for expungement of records subject to automatic 
3expungement under that subsection (1) or subsection (1.5) or 
4(1.6) of this Section.
5 (1.8) (Blank). For the purposes of subsections (1.5) and 
6(1.6) of this Section, "eligible offense" means records 
7relating to an arrest or incident occurring before the person's 
818th birthday that if committed by an adult is not an offense 
9classified as a Class 2 felony or higher offense, an offense 
10under Article 11 of the Criminal Code of 1961 or the Criminal 
11Code of 2012, or an offense under Section 12-13, 12-14, 
1212-14.1, 12-15, or 12-16 of the Criminal Code of 1961. 
13 (2) Any person whose delinquency adjudications are not 
14eligible for automatic expungement under subsections (0.1), 
15(0.2), or (0.3) may petition the court to expunge all law 
16enforcement records
relating to any
incidents occurring before 
17his or her 18th birthday which did not result in
proceedings in 
18criminal court and all juvenile court records with respect to

19any adjudications except those based upon first degree
murder: 
20and
sex offenses which would be felonies if committed by an 
21adult, if the person
for whom expungement is sought has had no

22convictions for any crime since his or her 18th birthday and:

23  (a) (blank); or has attained the age of 21 years; or

24  (b) 2 5 years have elapsed since all juvenile court 
25 proceedings relating to
him or her have been terminated or 
26 his or her commitment to the Department of
Juvenile Justice

 
 
10000HB3817ham001- 32 -LRB100 11385 SLF 22529 a


1 under pursuant to this Act has been terminated. ;

2whichever is later of (a) or (b). Nothing in this Section 5-915 
3precludes a minor from obtaining expungement under Section 
45-622. 
5 (2.5) If a minor is arrested and no petition for 
6delinquency is filed with the clerk of the circuit court as 
7provided in paragraph (a) of subsection (1) at the time the 
8minor is released from custody, the youth officer, if 
9applicable, or other designated person from the arresting 
10agency, shall notify verbally and in writing to the minor or 
11the minor's parents or guardians that the minor has a right to 
12petition to have his or her arrest record expunged when all 
13juvenile court proceedings relating to that minor have been 
14terminated and that unless a petition to expunge is filed, the 
15minor shall have an arrest record and shall provide the minor 
16and the minor's parents or guardians with an expungement 
17information packet, information regarding this State's 
18expungement laws including a petition to expunge juvenile 
19records obtained from the clerk of the circuit court.
20 (2.6) If a minor is referred to court charged with an 
21offense and is found not delinquent of that offense; or if a 
22minor is placed under supervision under Section 5-615, and the 
23order of supervision is successfully terminated; or if a minor 
24is adjudicated for an offense that would be a Class B 
25misdemeanor, a Class C misdemeanor, or a business or petty 
26offense if committed by an adult; or if a minor has incidents 
 
 
10000HB3817ham001- 33 -LRB100 11385 SLF 22529 a


1occurring before his or her 18th birthday that have not 
2resulted in proceedings in criminal court, or resulted in 
3proceedings in juvenile court, and the adjudications were not 
4based upon first degree murder or sex offenses that would be 
5felonies if committed by an adult; then at the time of 
6sentencing or dismissal of the case, or successful completion 
7of supervision, the judge shall inform the delinquent minor of 
8his or her rights regarding expungement right to petition for 
9expungement as provided by law, and the clerk of the circuit 
10court shall provide an expungement information packet to the 
11delinquent minor, written in plain language, including 
12information regarding this State's expungement laws and a 
13petition for expungement, a sample of a completed petition, 
14expungement instructions that shall include information 
15informing the minor that (i) once the case is expunged, it 
16shall be treated as if it never occurred, (ii) he or she may 
17apply to have petition fees waived, (iii) once he or she 
18obtains an expungement, he or she may not be required to 
19disclose that he or she had a juvenile record, and (iv) if 
20petitioning he or she may file the petition on his or her own 
21or with the assistance of an attorney. The failure of the judge 
22to inform the delinquent minor of his or her right to petition 
23for expungement as provided by law does not create a 
24substantive right, nor is that failure grounds for: (i) a 
25reversal of an adjudication of delinquency, (ii) a new trial; 
26or (iii) an appeal.
 
 
10000HB3817ham001- 34 -LRB100 11385 SLF 22529 a


1 (2.7) (Blank). For counties with a population over 
23,000,000, the clerk of the circuit court shall send a 
3"Notification of a Possible Right to Expungement" post card to 
4the minor at the address last received by the clerk of the 
5circuit court on the date that the minor attains the age of 18 
6based on the birthdate provided to the court by the minor or 
7his or her guardian in cases under paragraphs (b), (c), and (d) 
8of subsection (1); and when the minor attains the age of 21 
9based on the birthdate provided to the court by the minor or 
10his or her guardian in cases under subsection (2).
11 (2.8) The petition for expungement for subsection (1) and 
12(2) may include multiple offenses on the same petition and 
13shall be substantially in the following form:
14
IN THE CIRCUIT COURT OF ......, ILLINOIS
 

15
........ JUDICIAL CIRCUIT



16IN THE INTEREST OF ) NO.

17 )

18 )

19...................)

20(Name of Petitioner)

21
PETITION TO EXPUNGE JUVENILE RECORDS
22
(705 ILCS 405/5-915 (SUBSECTION 1  AND 2 ))
23Now comes ............., petitioner, and respectfully requests

24that this Honorable Court enter an order expunging all juvenile 
 
 
10000HB3817ham001- 35 -LRB100 11385 SLF 22529 a


1law enforcement and court records of petitioner and in support 
2thereof states that:
Petitioner has attained the age of ...., 
3his/her birth date being ......, or all
Juvenile Court 
4proceedings terminated as of ......, whichever occurred later.

5Petitioner was arrested on ..... by the ....... Police 
6Department for the offense or offenses of ......., and:

7(Check All That Apply:)

8( ) a. no petition or petitions were filed with the Clerk of 
9the Circuit Court.
10( ) b. was charged with ...... and was found not delinquent
of 
11the offense or offenses.
12( ) c. a petition or petitions were filed and the petition or 
13petitions were dismissed without a finding of delinquency on 
14.....
15( ) d. on ....... placed under supervision pursuant to Section 
165-615 of the Juvenile Court Act of 1987 and such order of 
17supervision successfully terminated on ........
18( ) e. was adjudicated for the offense or offenses and 2 years 
19have passed since the adjudication , which would have been a 
20Class B misdemeanor, a Class C misdemeanor, or a petty offense 
21or business offense if committed by an adult.

22Petitioner .... has .... has not been arrested on charges in 
23this or any county other than the charges listed above. If 
24petitioner has been arrested on additional charges, please list 
25the charges below:

26Charge(s): ......
 
 
10000HB3817ham001- 36 -LRB100 11385 SLF 22529 a


1Arresting Agency or Agencies: ...........
2Disposition/Result: (choose from a. through e., above): .....

3WHEREFORE, the petitioner respectfully requests this Honorable 
4Court to (1) order all law enforcement agencies to expunge all 
5records of petitioner to this incident or incidents, and (2) to 
6order the Clerk of the Court to expunge all records concerning 
7the petitioner regarding this incident or incidents.

8
......................

9
Petitioner (Signature)




10
..........................



11
Petitioner's Street Address


12
.....................



13
City, State, Zip Code


14
.............................
15
Petitioner's Telephone Number


16Pursuant to the penalties of perjury under the Code of Civil 
17Procedure, 735 ILCS 5/1-109, I hereby certify that the 
18statements in this petition are true and correct, or on 
19information and belief I believe the same to be true.

20
......................
 
 
10000HB3817ham001- 37 -LRB100 11385 SLF 22529 a


1
Petitioner (Signature)

2The Petition for Expungement for subsection (2) shall be 
3substantially in the following form:

4
IN THE CIRCUIT COURT OF ........, ILLINOIS
5
........ JUDICIAL CIRCUIT


6IN THE INTEREST OF ) NO.

7 )

8 )

9...................)

10(Name of Petitioner)

11
PETITION TO EXPUNGE JUVENILE RECORDS
 

12
(705 ILCS 405/5-915 (SUBSECTION 2)) 

13
(Please prepare a separate petition for each offense) 

14Now comes ............, petitioner, and respectfully requests 
15that this Honorable Court enter an order expunging all Juvenile 
16Law Enforcement and Court records of petitioner and in support 
17thereof states that:
18The incident for which the Petitioner seeks expungement 
19occurred before the Petitioner's 18th birthday and did not 
20result in proceedings in criminal court and the Petitioner has 
21not had any convictions for any crime since his/her 18th 
22birthday; and

23The incident for which the Petitioner seeks expungement 
 
 
10000HB3817ham001- 38 -LRB100 11385 SLF 22529 a


1occurred before the Petitioner's 18th birthday and the 
2adjudication was not based upon first-degree murder or sex 
3offenses which would be felonies if committed by an adult, and 
4the Petitioner has not had any convictions for any crime since 
5his/her 18th birthday.
6Petitioner was arrested on ...... by the ....... Police 
7Department for the offense of ........, and:
8(Check whichever one occurred the latest:)
9( ) a. The Petitioner has attained the age of 21 years, his/her 
10birthday being .......; or
11( ) b. 5 years have elapsed since all juvenile court 
12proceedings relating to the Petitioner have been terminated; or 
13the Petitioner's commitment to the Department of Juvenile 
14Justice
pursuant to the expungement of juvenile law enforcement 
15and court records provisions of the Juvenile Court Act of 1987 
16has been terminated.
Petitioner ...has ...has not been arrested 
17on charges in this or any other county other than the charge 
18listed above. If petitioner has been arrested on additional 
19charges, please list the charges below:
20Charge(s): ..........
21Arresting Agency or Agencies: .......
22Disposition/Result: (choose from a or b, above): ..........
23WHEREFORE, the petitioner respectfully requests this Honorable 
24Court to (1) order all law enforcement agencies to expunge all 
25records of petitioner related to this incident, and (2) to 
26order the Clerk of the Court to expunge all records concerning 
 
 
10000HB3817ham001- 39 -LRB100 11385 SLF 22529 a


1the petitioner regarding this incident.

2
.......................


3
Petitioner (Signature)


4
......................
5
Petitioner's Street Address




6
.....................
7
City, State, Zip Code
8
.............................
9
Petitioner's Telephone Number



10Pursuant to the penalties of perjury under the Code of Civil 
11Procedure, 735 ILCS 5/1-109, I hereby certify that the 
12statements in this petition are true and correct, or on 
13information and belief I believe the same to be true.
14
......................
15
Petitioner (Signature)


16 (3) The chief judge of the circuit in which an arrest was 
17made or a charge
was brought or any
judge of that circuit 
18designated by the chief judge
may, upon verified petition
of a 
19person who is the subject of an arrest or a juvenile court 
20proceeding
under subsection (1) or (2) of this Section, order 
21the law enforcement
records or official court file, or both, to 
22be expunged from the official
records of the arresting 
 
 
10000HB3817ham001- 40 -LRB100 11385 SLF 22529 a


1authority, the clerk of the circuit court and the
Department of 
2State Police. The person whose records are to be expunged shall 
3petition the court using the appropriate form containing his or 
4her current address and shall promptly notify the clerk of the 
5circuit court of any change of address. Notice
of the petition 
6shall be served upon the State's Attorney or prosecutor charged 
7with the duty of prosecuting the offense, the Department of 
8State Police, and the arresting agency or agencies by the clerk 
9of the circuit court. If an objection is filed within 45
days 
10of the notice of the petition, the clerk of the circuit court 
11shall set a date for hearing after the 45-day 45
day objection 
12period. At the hearing the court shall hear evidence on whether 
13the expungement should or should not be granted. Unless the 
14State's Attorney or prosecutor, the Department of State Police, 
15or an arresting agency objects to the expungement within 45

16days of the notice, the court may enter an order granting 
17expungement. The clerk shall forward a certified copy of the 
18order to the Department of State Police and deliver a certified 
19copy of the order to the arresting agency.

20 (3.1) The Notice of Expungement shall be in substantially 
21the following form:
22
IN THE CIRCUIT COURT OF ....., ILLINOIS

23
.... JUDICIAL CIRCUIT



24IN THE INTEREST OF ) NO.

25 )

 
 
10000HB3817ham001- 41 -LRB100 11385 SLF 22529 a


1 )

2...................)

3(Name of Petitioner)

4
NOTICE

5TO: State's Attorney

6TO: Arresting Agency

7

8................

9................

10

11................

12................

13TO: Illinois State Police

14

15.....................

16

17.....................


18ATTENTION: Expungement

19You are hereby notified that on ....., at ....., in courtroom 
20..., located at ..., before the Honorable ..., Judge, or any 
21judge sitting in his/her stead, I shall then and there present 
22a Petition to Expunge Juvenile records in the above-entitled 
23matter, at which time and place you may appear.
24
......................
25
Petitioner's Signature
 
 
10000HB3817ham001- 42 -LRB100 11385 SLF 22529 a


1
...........................

2
Petitioner's Street Address
3
.....................


4
City, State, Zip Code
5
.............................
6
Petitioner's Telephone Number
7
PROOF OF SERVICE

8On the ....... day of ......, 20..., I on oath state that I 
9served this notice and true and correct copies of the 
10above-checked documents by:
11(Check One:)
12delivering copies personally to each entity to whom they are 
13directed;
14or
15by mailing copies to each entity to whom they are directed by 
16depositing the same in the U.S. Mail, proper postage fully 
17prepaid, before the hour of 5:00 p.m., at the United States 
18Postal Depository located at .................
19
.........................................


20

21Signature
22
Clerk of the Circuit Court or Deputy Clerk
23Printed Name of Delinquent Minor/Petitioner: ....
24Address: ........................................
25Telephone Number: ...............................
26 (3.2) The Order of Expungement shall be in substantially 
 
 
10000HB3817ham001- 43 -LRB100 11385 SLF 22529 a


1the following form:
2
IN THE CIRCUIT COURT OF ....., ILLINOIS

3
.... JUDICIAL CIRCUIT



4IN THE INTEREST OF ) NO.

5 )

6 )

7...................)

8(Name of Petitioner)


9DOB ................
10Arresting Agency/Agencies ......
11
ORDER OF EXPUNGEMENT

12
(705 ILCS 405/5-915 (SUBSECTION 3))



13This matter having been heard on the petitioner's motion and 
14the court being fully advised in the premises does find that 
15the petitioner is indigent or has presented reasonable cause to 
16waive all costs in this matter, IT IS HEREBY ORDERED that:
17 ( ) 1. Clerk of Court and Department of State Police costs 
18are hereby waived in this matter.
19 ( ) 2. The Illinois State Police Bureau of Identification 
20and the following law enforcement agencies expunge all records 
21of petitioner relating to an arrest dated ...... for the 
22offense of ......
23
Law Enforcement Agencies:

24
.........................

 
 
10000HB3817ham001- 44 -LRB100 11385 SLF 22529 a


1
.........................

2 ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit 
3Court expunge all records regarding the above-captioned case.
4
ENTER: ......................

5

6JUDGE
7DATED: .......
8Name:

9Attorney for:

10Address:
City/State/Zip:

11Attorney Number:
12 (3.3) The Notice of Objection shall be in substantially the 
13following form:
14
IN THE CIRCUIT COURT OF ....., ILLINOIS

15
....................... JUDICIAL CIRCUIT



16IN THE INTEREST OF ) NO.

17 )

18 )

19...................)

20(Name of Petitioner)

21
NOTICE OF OBJECTION

22TO:(Attorney, Public Defender, Minor)

23.................................

24.................................

 
 
10000HB3817ham001- 45 -LRB100 11385 SLF 22529 a


1TO:(Illinois State Police)

2.................................

3.................................
4TO:(Clerk of the Court)

5.................................

6.................................

7TO:(Judge)

8.................................

9.................................

10TO:(Arresting Agency/Agencies)

11.................................

12.................................
13ATTENTION:
You are hereby notified that an objection has been 
14filed by the following entity regarding the above-named minor's 
15petition for expungement of juvenile records:
16( ) State's Attorney's Office;

17( ) Prosecutor (other than State's Attorney's Office) charged 
18with the duty of prosecuting the offense sought to be expunged;

19( ) Department of Illinois State Police; or

20( ) Arresting Agency or Agencies.

21The agency checked above respectfully requests that this case 
22be continued and set for hearing on whether the expungement 
23should or should not be granted.

24DATED: .......
25Name:
26Attorney For:

 
 
10000HB3817ham001- 46 -LRB100 11385 SLF 22529 a


1Address:
2City/State/Zip:

3Telephone:

4Attorney No.: 

5
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY



6This matter has been set for hearing on the foregoing 
7objection, on ...... in room ...., located at ....., before the 
8Honorable ....., Judge, or any judge sitting in his/her stead.

9(Only one hearing shall be set, regardless of the number of 
10Notices of Objection received on the same case).

11A copy of this completed Notice of Objection containing the 
12court date, time, and location, has been sent via regular U.S. 
13Mail to the following entities. (If more than one Notice of 
14Objection is received on the same case, each one must be 
15completed with the court date, time and location and mailed to 
16the following entities):

17( ) Attorney, Public Defender or Minor;

18( ) State's Attorney's Office;
19( ) Prosecutor (other than State's Attorney's Office) charged 
20with the duty of prosecuting the offense sought to be expunged;
21( ) Department of Illinois State Police; and
22( ) Arresting agency or agencies.

23Date: ......
24Initials of Clerk completing this section: .....


25 (4)(a) Upon entry of an order expunging records or files, 
26the offense, which
the records or files concern shall be 
 
 
10000HB3817ham001- 47 -LRB100 11385 SLF 22529 a


1treated as if it never occurred. Law
enforcement officers and 
2other public offices and agencies shall properly reply
on 
3inquiry that no record or file exists with respect to the

4person. 

5 (a-5) The Department of State Police and local arresting 
6agency shall send written notice to the minor of the 
7expungement of any records within 60 days of automatic 
8expungement or the date of service of an expungement order, 
9whichever applies. If a minor's court file has been expunged, 
10the clerk of the circuit court shall send written notice to the 
11minor of the expungement of any records within 60 days of 
12automatic expungement or the date of service of an expungement 
13order, whichever applies.
14 (b) Except with respect to authorized military personnel, 
15an expunged juvenile record may not be considered by any 
16private or public entity in employment matters, certification, 
17licensing, revocation of certification or licensure, or 
18registration. Applications for employment within the State 
19must contain specific language that states that the applicant 
20is not obligated to disclose expunged juvenile records of 
21adjudication or arrest. Employers may not ask, in any format or 
22context, if an applicant has had a juvenile record expunged. 
23Information about an expunged record obtained by a potential 
24employer, even inadvertently, from an employment application 
25that does not contain specific language that states that the 
26applicant is not obligated to disclose expunged juvenile 
 
 
10000HB3817ham001- 48 -LRB100 11385 SLF 22529 a


1records of adjudication or arrest, shall be treated as 
2dissemination of an expunged record by the employer.
3 (c) A person whose juvenile records have been expunged is 
4not entitled to remission of any fines, costs, or other money 
5paid as a consequence of expungement. 
6 (5) (Blank). Records which have not been expunged are 
7sealed, and may be obtained
only under the provisions of 
8Sections 5-901, 5-905 and 5-915.

9 (5.5) (a) Whether or not expunged, records eligible for 
10automatic expungement under subdivision (0.1)(a), (0.2)(a), or 
11(0.3)(a) may be treated as expunged by the individual subject 
12to the records.
13 (b) Whether or not expunged, dissemination by any law 
14enforcement officer or agency, an official of the juvenile 
15court, any municipal, county or State agency or department 
16subject to an order of expungement or any individual employed 
17by an agency or department of any information contained in 
18records eligible for automatic expungement under subdivision 
19(0.1)(a), (0.2)(a), or (0.3)(a) shall be treated as 
20dissemination of expunged records. 
21 (6) Nothing in this Section shall be construed to prohibit 
22the maintenance
of information relating to an offense after 
23records or files concerning the
offense have been expunged if 
24the information is kept in a manner that does not
enable 
25identification of the individual offender. This information 
26may only be used for anonymous
statistical and bona fide 
 
 
10000HB3817ham001- 49 -LRB100 11385 SLF 22529 a


1research purposes.
2 (6.5) (Blank). The Department of State Police or any 
3employee of the Department shall be immune from civil or 
4criminal liability for failure to expunge any records of arrest 
5that are subject to expungement under subsection (1.5) or (1.6) 
6of this Section because of inability to verify a record. 
7Nothing in subsection (1.5) or (1.6) of this Section shall 
8create Department of State Police liability or responsibility 
9for the expungement of law enforcement records it does not 
10possess. 
11 (7)(a) The State Appellate Defender shall establish, 
12maintain, and carry out, by December 31, 2004, a juvenile 
13expungement program
to provide information and assistance to 
14minors eligible to have their juvenile records expunged.

15 (b) The State Appellate Defender shall develop brochures, 
16pamphlets, and
other
materials in
printed form and through the 
17agency's World Wide Web site. The pamphlets and
other materials 
18shall
include at a minimum the following information:


19  (i) An explanation of the State's juvenile expungement 
20 laws, including both automatic expungement and expungement 
21 by petition process;
22  (ii) The circumstances under which juvenile 
23 expungement may occur;
24  (iii) The juvenile offenses that may be expunged;
25  (iv) The steps necessary to initiate and complete the 
26 juvenile expungement process;
and
 
 
10000HB3817ham001- 50 -LRB100 11385 SLF 22529 a


1  (v) Directions on how to contact the State Appellate 
2 Defender.
3 (c) The State Appellate Defender shall establish and 
4maintain a statewide
toll-free telephone
number that a person 
5may use to receive information or assistance concerning
the 
6expungement of juvenile records. The State Appellate
Defender 
7shall advertise
the toll-free telephone number statewide. The 
8State Appellate Defender shall
develop an expungement

9information packet that may be sent to eligible persons seeking 
10expungement of
their juvenile records,
which may include, but 
11is not limited to, a pre-printed expungement petition
with 
12instructions on how
to complete the petition and a pamphlet 
13containing information that would
assist individuals through

14the juvenile expungement process.
15 (d) The State Appellate Defender shall compile a statewide 
16list of volunteer
attorneys willing
to assist eligible 
17individuals through the juvenile expungement process.
18 (e) This Section shall be implemented from funds 
19appropriated by the General
Assembly to the State
Appellate 
20Defender
for this purpose. The State Appellate Defender shall 
21employ the necessary staff
and adopt the
necessary rules for 
22implementation of this Section.
23 (7.5) (a) Dissemination of any information contained in an 
24expunged record shall be treated as a Class B Misdemeanor and 
25punishable by a fine of $1,000. Dissemination by an employee of 
26any municipal, county, or State agency, including law 
 
 
10000HB3817ham001- 51 -LRB100 11385 SLF 22529 a


1enforcement, shall be grounds for unpaid suspension upon the 
2first offense, and dismissal upon any subsequent offense.
3 (b) Dissemination for financial gain of any information 
4contained in an expunged record shall be treated as a Class 4 
5felony. Dissemination for financial gain by an employee of any 
6municipal, county, or State agency, including law enforcement, 
7shall result in immediate termination.
8 (c) The person whose record was expunged has a right of 
9action against any person who intentionally disseminates an 
10expunged record. In the proceeding, punitive damages up to an 
11amount of $1,000 may be sought in addition to any actual 
12damages. The prevailing party shall be entitled to costs and 
13reasonable attorney fees.
14 (d) The punishments for dissemination of an expunged record 
15shall never apply to the person whose record was expunged. 
16 (8)(a) An Except with respect to law enforcement agencies, 
17the Department of Corrections, State's Attorneys, or other 
18prosecutors, an expunged juvenile record may not be considered 
19by any private or public entity in employment matters, 
20certification, licensing, revocation of certification or 
21licensure, or registration. Applications for employment must 
22contain specific language that states that the applicant is not 
23obligated to disclose expunged juvenile records of 
24adjudication, conviction, or arrest. Employers may not ask if 
25an applicant has had a juvenile record expunged. Effective 
26January 1, 2005, the Department of Labor shall develop a link 
 
 
10000HB3817ham001- 52 -LRB100 11385 SLF 22529 a


1on the Department's website to inform employers that employers 
2may not ask if an applicant had a juvenile record expunged and 
3that application for employment must contain specific language 
4that states that the applicant is not obligated to disclose 
5expunged juvenile records of adjudication, arrest, or 
6conviction.
7 (b) A person whose juvenile records have been expunged is 
8not entitled to remission of any fines, costs, or other money 
9paid as a consequence of expungement. This amendatory Act of 
10the 93rd General Assembly does not affect the right of the 
11victim of a crime to prosecute or defend a civil action for 
12damages.

13 (c) The expungement of juvenile records under Section 5-622 
14shall be funded by the additional fine imposed under Section 
155-9-1.17 of the Unified Code of Corrections and additional 
16appropriations made by the General Assembly for such purpose. 
17 (9) (Blank). The changes made to this Section by Public Act 
1898-61 apply to law enforcement records of a minor who has been 
19arrested or taken into custody on or after January 1, 2014 (the 
20effective date of Public Act 98-61). 
21 (10) (Blank). The changes made in subsection (1.5) of this 
22Section by this amendatory Act of the 98th General Assembly 
23apply to law enforcement records of a minor who has been 
24arrested or taken into custody on or after January 1, 2015. The 
25changes made in subsection (1.6) of this Section by this 
26amendatory Act of the 98th General Assembly apply to law 
 
 
10000HB3817ham001- 53 -LRB100 11385 SLF 22529 a


1enforcement records of a minor who has been arrested or taken 
2into custody before January 1, 2015. 
3(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756, 
4eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised 
59-2-16.)


6 (705 ILCS 405/5-622 rep.)
7 Section 10. The Juvenile Court Act of 1987 is amended by 
8repealing Section 5-622".