Public Act 103-0717
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Public Act 103-0717 | ||||
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AN ACT concerning courts. | ||||
Be it enacted by the People of the State of Illinois, | ||||
represented in the General Assembly: | ||||
Section 5. The Juvenile Court Act of 1987 is amended by | ||||
changing Section 5-915 as follows: | ||||
(705 ILCS 405/5-915) | ||||
Sec. 5-915. Expungement of juvenile law enforcement and | ||||
juvenile court records. | ||||
(0.05) (Blank). | ||||
(0.1)(a) The Illinois State Police and all law enforcement | ||||
agencies within the State shall automatically expunge, on or | ||||
before January 1 of each year, except as described in | ||||
paragraph (c) of this subsection (0.1), all juvenile law | ||||
enforcement records relating to events occurring before an | ||||
individual's 18th birthday if: | ||||
(1) one year or more has elapsed since the date of the | ||||
arrest or law enforcement interaction documented in the | ||||
records; | ||||
(2) no petition for delinquency or criminal charges | ||||
were filed with the clerk of the circuit court relating to | ||||
the arrest or law enforcement interaction documented in | ||||
the records; and | ||||
(3) 6 months have elapsed since the date of the arrest |
without an additional subsequent arrest or filing of a | ||
petition for delinquency or criminal charges whether | ||
related or not to the arrest or law enforcement | ||
interaction documented in the records. | ||
(b) If the law enforcement agency is unable to verify | ||
satisfaction of conditions (2) and (3) of this subsection | ||
(0.1), records that satisfy condition (1) of this subsection | ||
(0.1) shall be automatically expunged if the records relate to | ||
an offense that if committed by an adult would not be an | ||
offense classified as a Class 2 felony or higher, an offense | ||
under Article 11 of the Criminal Code of 1961 or Criminal Code | ||
of 2012, or an offense under Section 12-13, 12-14, 12-14.1, | ||
12-15, or 12-16 of the Criminal Code of 1961. | ||
(c) If the juvenile law enforcement record was received | ||
through a public submission to a statewide student | ||
confidential reporting system administered by the Illinois | ||
State Police, the record will be maintained for a period of 5 | ||
years according to all other provisions in this subsection | ||
(0.1). | ||
(0.15) If a juvenile law enforcement record meets | ||
paragraph (a) of subsection (0.1) of this Section, a juvenile | ||
law enforcement record created: | ||
(1) prior to January 1, 2018, but on or after January | ||
1, 2013 shall be automatically expunged prior to January | ||
1, 2020; | ||
(2) prior to January 1, 2013, but on or after January |
1, 2000, shall be automatically expunged prior to January | ||
1, 2023; and | ||
(3) prior to January 1, 2000 shall not be subject to | ||
the automatic expungement provisions of this Act. | ||
Nothing in this subsection (0.15) shall be construed to | ||
restrict or modify an individual's right to have the person's | ||
juvenile law enforcement records expunged except as otherwise | ||
may be provided in this Act. | ||
(0.2)(a) Upon dismissal of a petition alleging delinquency | ||
or upon a finding of not delinquent, the successful | ||
termination of an order of supervision, or the successful | ||
termination of an adjudication for an offense which would be a | ||
Class B misdemeanor, Class C misdemeanor, or a petty or | ||
business offense if committed by an adult, the court shall | ||
automatically order the expungement of the juvenile court | ||
records and juvenile law enforcement records. The clerk shall | ||
deliver a certified copy of the expungement order to the | ||
Illinois State Police and the arresting agency. Upon request, | ||
the State's Attorney shall furnish the name of the arresting | ||
agency. The expungement shall be completed within 60 business | ||
days after the receipt of the expungement order. | ||
(b) If the chief law enforcement officer of the agency, or | ||
the chief law enforcement officer's designee, certifies in | ||
writing that certain information is needed for a pending | ||
investigation involving the commission of a felony, that | ||
information, and information identifying the juvenile, may be |
retained until the statute of limitations for the felony has | ||
run. If the chief law enforcement officer of the agency, or the | ||
chief law enforcement officer's designee, certifies in writing | ||
that certain information is needed with respect to an internal | ||
investigation of any law enforcement office, that information | ||
and information identifying the juvenile may be retained | ||
within an intelligence file until the investigation is | ||
terminated or the disciplinary action, including appeals, has | ||
been completed, whichever is later. Retention of a portion of | ||
a juvenile's law enforcement record does not disqualify the | ||
remainder of a juvenile's record from immediate automatic | ||
expungement. | ||
(0.3)(a) Upon an adjudication of delinquency based on any | ||
offense except a disqualified offense, the juvenile court | ||
shall automatically order the expungement of the juvenile | ||
court and law enforcement records 2 years after the juvenile's | ||
case was closed if no delinquency or criminal proceeding is | ||
pending and the person has had no subsequent delinquency | ||
adjudication or criminal conviction. The clerk shall deliver a | ||
certified copy of the expungement order to the Illinois State | ||
Police and the arresting agency. Upon request, the State's | ||
Attorney shall furnish the name of the arresting agency. The | ||
expungement shall be completed within 60 business days after | ||
the receipt of the expungement order. In this subsection | ||
(0.3), "disqualified offense" means any of the following | ||
offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, |
10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, | ||
11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, | ||
12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, | ||
12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, | ||
18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, | ||
24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, | ||
31-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or | ||
subsection (b) of Section 8-1, paragraph (4) of subsection (a) | ||
of Section 11-14.4, subsection (a-5) of Section 12-3.1, | ||
paragraph (1), (2), or (3) of subsection (a) of Section 12-6, | ||
subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or | ||
(2) of subsection (a) of Section 12-7.4, subparagraph (i) of | ||
paragraph (1) of subsection (a) of Section 12-9, subparagraph | ||
(H) of paragraph (3) of subsection (a) of Section 24-1.6, | ||
paragraph (1) of subsection (a) of Section 25-1, or subsection | ||
(a-7) of Section 31-1 of the Criminal Code of 2012. | ||
(b) If the chief law enforcement officer of the agency, or | ||
the chief law enforcement officer's designee, certifies in | ||
writing that certain information is needed for a pending | ||
investigation involving the commission of a felony, that | ||
information, and information identifying the juvenile, may be | ||
retained in an intelligence file until the investigation is | ||
terminated or for one additional year, whichever is sooner. | ||
Retention of a portion of a juvenile's juvenile law | ||
enforcement record does not disqualify the remainder of a | ||
juvenile's record from immediate automatic expungement. |
(0.4) Automatic expungement for the purposes of this | ||
Section shall not require law enforcement agencies to | ||
obliterate or otherwise destroy juvenile law enforcement | ||
records that would otherwise need to be automatically expunged | ||
under this Act, except after 2 years following the subject | ||
arrest for purposes of use in civil litigation against a | ||
governmental entity or its law enforcement agency or personnel | ||
which created, maintained, or used the records. However, these | ||
juvenile law enforcement records shall be considered expunged | ||
for all other purposes during this period and the offense, | ||
which the records or files concern, shall be treated as if it | ||
never occurred as required under Section 5-923. | ||
(0.5) Subsection (0.1) or (0.2) of this Section does not | ||
apply to violations of traffic, boating, fish and game laws, | ||
or county or municipal ordinances. | ||
(0.6) Juvenile law enforcement records of a plaintiff who | ||
has filed civil litigation against the governmental entity or | ||
its law enforcement agency or personnel that created, | ||
maintained, or used the records, or juvenile law enforcement | ||
records that contain information related to the allegations | ||
set forth in the civil litigation may not be expunged until | ||
after 2 years have elapsed after the conclusion of the | ||
lawsuit, including any appeal. | ||
(0.7) Officer-worn body camera recordings shall not be | ||
automatically expunged except as otherwise authorized by the | ||
Law Enforcement Officer-Worn Body Camera Act. |
(1) Whenever a person has been arrested, charged, or | ||
adjudicated delinquent for an incident occurring before a | ||
person's 18th birthday that if committed by an adult would be | ||
an offense, and that person's juvenile law enforcement and | ||
juvenile court records are not eligible for automatic | ||
expungement under subsection (0.1), (0.2), or (0.3), the | ||
person may petition the court at any time at no cost to the | ||
person for expungement of juvenile law enforcement records and | ||
juvenile court records relating to the incident and, upon | ||
termination of all juvenile court proceedings relating to that | ||
incident, the court shall order the expungement of all records | ||
in the possession of the Illinois State Police, the clerk of | ||
the circuit court, and law enforcement agencies relating to | ||
the incident, but only in any of the following circumstances: | ||
(a) the minor was arrested and no petition for | ||
delinquency was filed with the clerk of the circuit court; | ||
(a-5) the minor was charged with an offense and the | ||
petition or petitions were dismissed without a finding of | ||
delinquency; | ||
(b) the minor was charged with an offense and was | ||
found not delinquent of that offense; | ||
(c) the minor was placed under supervision under | ||
Section 5-615, and the order of supervision has since been | ||
successfully terminated; or | ||
(d) the minor was adjudicated for an offense which | ||
would be a Class B misdemeanor, Class C misdemeanor, or a |
petty or business offense if committed by an adult. | ||
(1.5) At no cost to the person, the Illinois State Police | ||
shall allow a person to use the Access and Review process, | ||
established in the Illinois State Police, for verifying that | ||
the person's juvenile law enforcement records relating to | ||
incidents occurring before the person's 18th birthday eligible | ||
under this Act have been expunged. | ||
(1.6) (Blank). | ||
(1.7) (Blank). | ||
(1.8) (Blank). | ||
(2) Any person whose delinquency adjudications are not | ||
eligible for automatic expungement under subsection (0.3) of | ||
this Section may petition the court at no cost to the person to | ||
expunge all juvenile law enforcement records relating to any | ||
incidents occurring before the person's 18th birthday which | ||
did not result in proceedings in criminal court and all | ||
juvenile court records with respect to any adjudications | ||
except those based upon first degree murder or an offense | ||
under Article 11 of the Criminal Code of 2012 if the person is | ||
required to register under the Sex Offender Registration Act | ||
at the time the person petitions the court for expungement; | ||
provided that 2 years have elapsed since all juvenile court | ||
proceedings relating to the person have been terminated and | ||
the person's commitment to the Department of Juvenile Justice | ||
under this Act has been terminated. | ||
(2.5) If a minor is arrested and no petition for |
delinquency is filed with the clerk of the circuit court at the | ||
time the minor is released from custody, the youth officer, if | ||
applicable, or other designated person from the arresting | ||
agency, shall notify verbally and in writing to the minor or | ||
the minor's parents or guardians that the minor shall have an | ||
arrest record and shall provide the minor and the minor's | ||
parents or guardians with an expungement information packet, | ||
information regarding this State's expungement laws including | ||
a petition to expunge juvenile law enforcement and juvenile | ||
court records obtained from the clerk of the circuit court. | ||
(2.6) If a minor is referred to court, then, at the time of | ||
sentencing, dismissal of the case, or successful completion of | ||
supervision, the judge shall inform the delinquent minor of | ||
the minor's rights regarding expungement and the clerk of the | ||
circuit court shall provide an expungement information packet | ||
to the minor, written in plain language, including information | ||
regarding this State's expungement laws and a petition for | ||
expungement, a sample of a completed petition, expungement | ||
instructions that shall include information informing the | ||
minor that (i) once the case is expunged, it shall be treated | ||
as if it never occurred, (ii) the minor shall not be charged a | ||
fee to petition for expungement, (iii) once the minor obtains | ||
an expungement, the minor may not be required to disclose that | ||
the minor had a juvenile law enforcement or juvenile court | ||
record, and (iv) if petitioning the minor may file the | ||
petition on the minor's own or with the assistance of an |
attorney. The failure of the judge to inform the delinquent | ||
minor of the minor's right to petition for expungement as | ||
provided by law does not create a substantive right, nor is | ||
that failure grounds for: (i) a reversal of an adjudication of | ||
delinquency; (ii) a new trial; or (iii) an appeal. | ||
(2.6-1) A trafficking victim, as defined by paragraph (10) | ||
of subsection (a) of Section 10-9 of the Criminal Code of 2012, | ||
may petition for vacation and expungement or immediate sealing | ||
of his or her juvenile court records and juvenile law | ||
enforcement records relating to events that resulted in the | ||
victim's adjudication of delinquency for an offense if | ||
committed by an adult would be a violation of the criminal laws | ||
occurring before the victim's 18th birthday upon the | ||
completion of his or her juvenile court sentence if his or her | ||
participation in the underlying offense was a result of human | ||
trafficking under Section 10-9 of the Criminal Code of 2012 or | ||
a severe form of trafficking under the federal Trafficking | ||
Victims Protection Act. | ||
(2.7) (Blank). | ||
(2.8) (Blank). | ||
(3) (Blank). | ||
(3.1) (Blank). | ||
(3.2) (Blank). | ||
(3.3) (Blank). | ||
(4) (Blank). | ||
(5) (Blank). |
(5.5) Whether or not expunged, records eligible for | ||
automatic expungement under subdivision (0.1)(a), (0.2)(a), or | ||
(0.3)(a) may be treated as expunged by the individual subject | ||
to the records. | ||
(6) (Blank). | ||
(6.5) The Illinois State Police or any employee of the | ||
Illinois State Police shall be immune from civil or criminal | ||
liability for failure to expunge any records of arrest that | ||
are subject to expungement under this Section because of | ||
inability to verify a record. Nothing in this Section shall | ||
create Illinois State Police liability or responsibility for | ||
the expungement of juvenile law enforcement records it does | ||
not possess. | ||
(7) (Blank). | ||
(7.5) (Blank). | ||
(8) The expungement of juvenile law enforcement or | ||
juvenile court records under subsection (0.1), (0.2), or (0.3) | ||
of this Section shall be funded by appropriation by the | ||
General Assembly for that purpose. | ||
(9) (Blank). | ||
(10) (Blank). | ||
(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21; | ||
102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff. | ||
6-30-23; 103-379, eff. 7-28-23; revised 8-30-23.) |