|
|
||||
| Public Act 095-0861 |
||||
| ||||
| ||||
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 | ||||
court records.
| ||||
(1) Whenever any person has attained the age of 17 or | ||||
whenever all juvenile
court proceedings relating to that person | ||||
have been terminated, whichever is
later, the person may | ||||
petition the court to expunge law enforcement records
relating | ||||
to incidents occurring before his or her 17th birthday or his | ||||
or her
juvenile court
records, or both, but only in the | ||||
following circumstances:
| ||||
(a) the minor was arrested and no petition for | ||||
delinquency was filed with
the clerk of the circuit court; | ||||
or
| ||||
(b) the minor was charged with an offense and was found | ||||
not delinquent of
that offense; or
| ||||
(c) the minor was placed under supervision pursuant to | ||||
Section 5-615, and
the order of
supervision has since been | ||||
successfully terminated; or
| ||||
(d)
the minor was adjudicated for an offense which | ||
would be a Class B
misdemeanor, Class C misdemeanor, or a | ||
petty or business offense if committed by an adult.
| ||
(2) Any person may petition the court to expunge all law | ||
enforcement records
relating to any
incidents occurring before | ||
his or her 17th birthday which did not result in
proceedings in | ||
criminal court and all juvenile court records with respect to
| ||
any adjudications except those based upon first degree
murder | ||
and
sex offenses which would be felonies if committed by an | ||
adult, if the person
for whom expungement is sought has had no
| ||
convictions for any crime since his or her 17th birthday and:
| ||
(a) has attained the age of 21 years; or
| ||
(b) 5 years have elapsed since all juvenile court | ||
proceedings relating to
him or her have been terminated or | ||
his or her commitment to the Department of
Juvenile Justice
| ||
pursuant to this Act has been terminated;
| ||
whichever is later of (a) or (b). | ||
(2.5) If a minor is arrested and no petition for | ||
delinquency is filed with the clerk of the circuit court as | ||
provided in paragraph (a) of subsection (1) at the time the | ||
minor is released from custody, the youth officer, if | ||
applicable, or other designated person from the arresting | ||
agency, shall notify verbally and in writing to the minor or | ||
the minor's parents or guardians that if the State's Attorney | ||
does not file a petition for delinquency, the minor has a right | ||
to petition to have his or her arrest record expunged when the | ||
minor attains the age of 17 or when all juvenile court | ||
proceedings relating to that minor have been terminated and | ||
that unless a petition to expunge is filed, the minor shall | ||
have an arrest record and shall provide the minor and the | ||
minor's parents or guardians with an expungement information | ||
packet, including a petition to expunge juvenile records | ||
obtained from the clerk of the circuit court. | ||
(2.6) If a minor is charged with an offense and is found | ||
not delinquent of that offense; or if a minor is placed under | ||
supervision under Section 5-615, and the order of supervision | ||
is successfully terminated; or if a minor is adjudicated for an | ||
offense that would be a Class B misdemeanor, a Class C | ||
misdemeanor, or a business or petty offense if committed by an | ||
adult; or if a minor has incidents occurring before his or her | ||
17th birthday that have not resulted in proceedings in criminal | ||
court, or resulted in proceedings in juvenile court, and the | ||
adjudications were not based upon first degree murder or sex | ||
offenses that would be felonies if committed by an adult; then | ||
at the time of sentencing or dismissal of the case, the judge | ||
shall inform the delinquent minor of his or her right to | ||
petition for expungement as provided by law, and the clerk of | ||
the circuit court shall provide an expungement information | ||
packet to the delinquent minor, written in plain language, | ||
including a petition for expungement, a sample of a completed | ||
petition, 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) he | ||
or she may apply to have petition fees waived, (iii) once he or | ||
she obtains an expungement, he or she may not be required to | ||
disclose that he or she had a juvenile record, and (iv) he or | ||
she may file the petition on his or her own or with the | ||
assistance of an attorney. The failure of the judge to inform | ||
the delinquent minor of his or her right to petition for | ||
expungement as provided by law does not create a substantive | ||
right, nor is that failure grounds for: (i) a reversal of an | ||
adjudication of delinquency, (ii) a new trial; or (iii) an | ||
appeal. | ||
(2.7) For counties with a population over 3,000,000, the | ||
clerk of the circuit court shall send a "Notification of a | ||
Possible Right to Expungement" post card to the minor at the | ||
address last received by the clerk of the circuit court on the | ||
date that the minor attains the age of 17 based on the | ||
birthdate provided to the court by the minor or his or her | ||
guardian in cases under paragraphs (b), (c), and (d) of | ||
subsection (1); and when the minor attains the age of 21 based | ||
on the birthdate provided to the court by the minor or his or | ||
her guardian in cases under subsection (2). | ||
(2.8) The petition for expungement for subsection (1) shall | ||
be substantially in the following form: | ||
IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||
........ JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
PETITION TO EXPUNGE JUVENILE RECORDS | ||
(705 ILCS 405/5-915 (SUBSECTION 1)) | ||
(Please prepare a separate petition for each offense) | ||
Now comes ............., petitioner, and respectfully requests
| ||
that this Honorable Court enter an order expunging all juvenile | ||
law enforcement and court records of petitioner and in support | ||
thereof states that:
Petitioner has attained the age of 17, | ||
his/her birth date being ......, or all
Juvenile Court | ||
proceedings terminated as of ......, whichever occurred later.
| ||
Petitioner was arrested on ..... by the ....... Police | ||
Department for the offense of ......., and:
| ||
(Check One:)
| ||
( ) a. no petition was filed with the Clerk of the Circuit | ||
Court. | ||
( ) b. was charged with ...... and was found not delinquent
of | ||
the offense. | ||
( ) c. a petition was filed and the petition was dismissed | ||
without a finding of delinquency on ..... | ||
( ) d. on ....... placed under supervision pursuant to Section | ||
5-615 of the Juvenile Court Act of 1987 and such order of | ||
supervision successfully terminated on ........ | ||
( ) e. was adjudicated for the offense, which would have been a | ||
Class B misdemeanor, a Class C misdemeanor, or a petty offense | ||
or business offense if committed by an adult.
| ||
Petitioner .... has .... has not been arrested on charges in | ||
this or any county other than the charges listed above. If | ||
petitioner has been arrested on additional charges, please list | ||
the charges below:
| ||
Charge(s): ...... | ||
Arresting Agency or Agencies: ........... | ||
Disposition/Result: (choose from a. through e., above): .....
| ||
WHEREFORE, the petitioner respectfully requests this Honorable | ||
Court to (1) order all law enforcement agencies to expunge all | ||
records of petitioner to this incident, and (2) to order the | ||
Clerk of the Court to expunge all records concerning the | ||
petitioner regarding this incident. | ||
......................
| ||
Petitioner (Signature)
| ||
..........................
| ||
Petitioner's Street Address | ||
.....................
| ||
City, State, Zip Code | ||
............................. | ||
Petitioner's Telephone Number | ||
Pursuant to the penalties of perjury under the Code of Civil | ||
Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||
statements in this petition are true and correct, or on | ||
information and belief I believe the same to be true. | ||
...................... | ||
Petitioner (Signature)
| ||
The Petition for Expungement for subsection (2) shall be | ||
substantially in the following form: | ||
IN THE CIRCUIT COURT OF ........, ILLINOIS | ||
........ JUDICIAL CIRCUIT | ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
PETITION TO EXPUNGE JUVENILE RECORDS
| ||
(705 ILCS 405/5-915 (SUBSECTION 2))
| ||
(Please prepare a separate petition for each offense)
| ||
Now comes ............, petitioner, and respectfully requests | ||
that this Honorable Court enter an order expunging all Juvenile | ||
Law Enforcement and Court records of petitioner and in support | ||
thereof states that: | ||
The incident for which the Petitioner seeks expungement | ||
occurred before the Petitioner's 17th birthday and did not | ||
result in proceedings in criminal court and the Petitioner has | ||
not had any convictions for any crime since his/her 17th | ||
birthday; and
| ||
The incident for which the Petitioner seeks expungement | ||
occurred before the Petitioner's 17th birthday and the | ||
adjudication was not based upon first-degree murder or sex | ||
offenses which would be felonies if committed by an adult, and | ||
the Petitioner has not had any convictions for any crime since | ||
his/her 17th birthday. | ||
Petitioner was arrested on ...... by the ....... Police | ||
Department for the offense of ........, and: | ||
(Check whichever one occurred the latest:) | ||
( ) a. The Petitioner has attained the age of 21 years, his/her | ||
birthday being .......; or | ||
( ) b. 5 years have elapsed since all juvenile court | ||
proceedings relating to the Petitioner have been terminated; or | ||
the Petitioner's commitment to the Department of Juvenile | ||
Justice
pursuant to the expungement of juvenile law enforcement | ||
and court records provisions of the Juvenile Court Act of 1987 | ||
has been terminated.
Petitioner ...has ...has not been arrested | ||
on charges in this or any other county other than the charge | ||
listed above. If petitioner has been arrested on additional | ||
charges, please list the charges below: | ||
Charge(s): .......... | ||
Arresting Agency or Agencies: ....... | ||
Disposition/Result: (choose from a or b, above): .......... | ||
WHEREFORE, the petitioner respectfully requests this Honorable | ||
Court to (1) order all law enforcement agencies to expunge all | ||
records of petitioner related to this incident, and (2) to | ||
order the Clerk of the Court to expunge all records concerning | ||
the petitioner regarding this incident. | ||
.......................
| ||
Petitioner (Signature) | ||
...................... | ||
Petitioner's Street Address
| ||
..................... | ||
City, State, Zip Code | ||
............................. | ||
Petitioner's Telephone Number
| ||
Pursuant to the penalties of perjury under the Code of Civil | ||
Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||
statements in this petition are true and correct, or on | ||
information and belief I believe the same to be true. | ||
...................... | ||
Petitioner (Signature)
| ||
(3) The chief judge of the circuit in which an arrest was | ||
made or a charge
was brought or any
judge of that circuit | ||
designated by the chief judge
may, upon verified petition
of a | ||
person who is the subject of an arrest or a juvenile court | ||
proceeding
under subsection (1) or (2) of this Section, order | ||
the law enforcement
records or official court file, or both, to | ||
be expunged from the official
records of the arresting | ||
authority, the clerk of the circuit court and the
Department of | ||
State Police. The person whose records are to be expunged shall | ||
petition the court using the appropriate form containing his or | ||
her current address and shall promptly notify the clerk of the | ||
circuit court of any change of address. Notice
of the petition | ||
shall be served upon the State's Attorney or prosecutor charged | ||
with the duty of prosecuting the offense, the Department of | ||
State Police, and the arresting agency or agencies by the clerk | ||
of the circuit court. If an objection is filed within 45
90
| ||
days of the notice of the petition, the clerk of the circuit | ||
court shall set a date for hearing after the 45
90 day | ||
objection period. At the hearing the court shall hear evidence | ||
on whether the expungement should or should not be granted. | ||
Unless the State's Attorney or prosecutor, the Department of | ||
State Police, or an arresting agency objects to the expungement | ||
within 45
90 days of the notice, the court may enter an order | ||
granting expungement. The person whose records are to be | ||
expunged shall pay the clerk of the circuit court a fee | ||
equivalent to the cost associated with expungement of records | ||
by the clerk and the Department of State Police. The clerk | ||
shall forward a certified copy of the order to the Department | ||
of State Police, the appropriate portion of the fee to the | ||
Department of State Police for processing, and deliver a | ||
certified copy of the order to the arresting agency.
| ||
(3.1) The Notice of Expungement shall be in substantially | ||
the following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||
.... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
NOTICE
| ||
TO: State's Attorney
| ||
TO: Arresting Agency
| ||
| ||
................
| ||
................
| ||
| ||
................
| ||
................
| ||
TO: Illinois State Police
| ||
| ||
.....................
| ||
| ||
.....................
| ||
ATTENTION: Expungement
| ||
You are hereby notified that on ....., at ....., in courtroom | ||
..., located at ..., before the Honorable ..., Judge, or any | ||
judge sitting in his/her stead, I shall then and there present | ||
a Petition to Expunge Juvenile records in the above-entitled | ||
matter, at which time and place you may appear. | ||
...................... | ||
Petitioner's Signature | ||
...........................
| ||
Petitioner's Street Address | ||
.....................
| ||
City, State, Zip Code | ||
............................. | ||
Petitioner's Telephone Number | ||
PROOF OF SERVICE
| ||
On the ....... day of ......, 20..., I on oath state that I | ||
served this notice and true and correct copies of the | ||
above-checked documents by: | ||
(Check One:) | ||
delivering copies personally to each entity to whom they are | ||
directed; | ||
or | ||
by mailing copies to each entity to whom they are directed by | ||
depositing the same in the U.S. Mail, proper postage fully | ||
prepaid, before the hour of 5:00 p.m., at the United States | ||
Postal Depository located at ................. | ||
.........................................
| ||
| ||
Signature | ||
Clerk of the Circuit Court or Deputy Clerk | ||
Printed Name of Delinquent Minor/Petitioner: .... | ||
Address: ........................................ | ||
Telephone Number: ............................... | ||
(3.2) The Order of Expungement shall be in substantially | ||
the following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||
.... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner)
| ||
DOB ................ | ||
Arresting Agency/Agencies ...... | ||
ORDER OF EXPUNGEMENT
| ||
(705 ILCS 405/5-915 (SUBSECTION 3))
| ||
This matter having been heard on the petitioner's motion and | ||
the court being fully advised in the premises does find that | ||
the petitioner is indigent or has presented reasonable cause to | ||
waive all costs in this matter, IT IS HEREBY ORDERED that: | ||
( ) 1. Clerk of Court and Department of State Police costs | ||
are hereby waived in this matter. | ||
( ) 2. The Illinois State Police Bureau of Identification | ||
and the following law enforcement agencies expunge all records | ||
of petitioner relating to an arrest dated ...... for the | ||
offense of ...... | ||
Law Enforcement Agencies:
| ||
.........................
| ||
.........................
| ||
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||
Court expunge all records regarding the above-captioned case. | ||
ENTER: ......................
| ||
| ||
JUDGE | ||
DATED: ....... | ||
Name:
| ||
Attorney for:
| ||
Address:
City/State/Zip:
| ||
Attorney Number: | ||
(3.3) The Notice of Objection shall be in substantially the | ||
following form: | ||
IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||
....................... JUDICIAL CIRCUIT
| ||
IN THE INTEREST OF ) NO.
| ||
)
| ||
)
| ||
...................)
| ||
(Name of Petitioner) | ||
NOTICE OF OBJECTION
| ||
TO:(Attorney, Public Defender, Minor)
| ||
.................................
| ||
.................................
| ||
TO:(Illinois State Police)
| ||
.................................
| ||
................................. | ||
TO:(Clerk of the Court)
| ||
.................................
| ||
.................................
| ||
TO:(Judge)
| ||
.................................
| ||
.................................
| ||
TO:(Arresting Agency/Agencies)
| ||
.................................
| ||
................................. | ||
ATTENTION:
You are hereby notified that an objection has been | ||
filed by the following entity regarding the above-named minor's | ||
petition for expungement of juvenile records: | ||
( ) State's Attorney's Office;
| ||
( ) Prosecutor (other than State's Attorney's Office) charged | ||
with the duty of prosecuting the offense sought to be expunged;
| ||
( ) Department of Illinois State Police; or
| ||
( ) Arresting Agency or Agencies.
| ||
The agency checked above respectfully requests that this case | ||
be continued and set for hearing on whether the expungement | ||
should or should not be granted.
| ||
DATED: ....... | ||
Name: | ||
Attorney For:
| ||
Address: | ||
City/State/Zip:
| ||
Telephone:
| ||
Attorney No.:
| ||
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| ||
This matter has been set for hearing on the foregoing | ||
objection, on ...... in room ...., located at ....., before the | ||
Honorable ....., Judge, or any judge sitting in his/her stead.
| ||
(Only one hearing shall be set, regardless of the number of | ||
Notices of Objection received on the same case).
| ||
A copy of this completed Notice of Objection containing the | ||
court date, time, and location, has been sent via regular U.S. | ||
Mail to the following entities. (If more than one Notice of | ||
Objection is received on the same case, each one must be | ||
completed with the court date, time and location and mailed to | ||
the following entities):
| ||
( ) Attorney, Public Defender or Minor;
| ||
( ) State's Attorney's Office; | ||
( ) Prosecutor (other than State's Attorney's Office) charged | ||
with the duty of prosecuting the offense sought to be expunged; | ||
( ) Department of Illinois State Police; and | ||
( ) Arresting agency or agencies.
| ||
Date: ...... | ||
Initials of Clerk completing this section: .....
| ||
(4) Upon entry of an order expunging records or files, the | ||
offense, which
the records or files concern shall be treated as | ||
if it never occurred. Law
enforcement officers and other public | ||
offices and agencies shall properly reply
on inquiry that no | ||
record or file exists with respect to the
person.
| ||
(5) Records which have not been expunged are sealed, and | ||
may be obtained
only under the provisions of Sections 5-901, | ||
5-905 and 5-915.
| ||
(6) Nothing in this Section shall be construed to prohibit | ||
the maintenance
of information relating to an offense after | ||
records or files concerning the
offense have been expunged if | ||
the information is kept in a manner that does not
enable | ||
identification of the offender. This information may only be | ||
used for
statistical and bona fide research purposes. | ||
(7)(a) The State Appellate Defender shall establish, | ||
maintain, and carry out, by December 31, 2004, a juvenile | ||
expungement program
to provide information and assistance to | ||
minors eligible to have their juvenile records expunged.
| ||
(b) The State Appellate Defender shall develop brochures, | ||
pamphlets, and
other
materials in
printed form and through the | ||
agency's World Wide Web site. The pamphlets and
other materials | ||
shall
include at a minimum the following information:
| ||
(i) An explanation of the State's juvenile expungement | ||
process; | ||
(ii) The circumstances under which juvenile | ||
expungement may occur; | ||
(iii) The juvenile offenses that may be expunged; | ||
(iv) The steps necessary to initiate and complete the | ||
juvenile expungement process;
and | ||
(v) Directions on how to contact the State Appellate | ||
Defender. | ||
(c) The State Appellate Defender shall establish and | ||
maintain a statewide
toll-free telephone
number that a person | ||
may use to receive information or assistance concerning
the | ||
expungement of juvenile records. The State Appellate
Defender | ||
shall advertise
the toll-free telephone number statewide. The | ||
State Appellate Defender shall
develop an expungement
| ||
information packet that may be sent to eligible persons seeking | ||
expungement of
their juvenile records,
which may include, but | ||
is not limited to, a pre-printed expungement petition
with | ||
instructions on how
to complete the petition and a pamphlet | ||
containing information that would
assist individuals through
| ||
the juvenile expungement process. | ||
(d) The State Appellate Defender shall compile a statewide | ||
list of volunteer
attorneys willing
to assist eligible | ||
individuals through the juvenile expungement process. | ||
(e) This Section shall be implemented from funds | ||
appropriated by the General
Assembly to the State
Appellate | ||
Defender
for this purpose. The State Appellate Defender shall | ||
employ the necessary staff
and adopt the
necessary rules for | ||
implementation of this Section. | ||
(8)(a) Except with respect to law enforcement agencies, the | ||
Department of Corrections, State's Attorneys, or other | ||
prosecutors, an expunged juvenile record may not be considered | ||
by any private or public entity in employment matters, | ||
certification, licensing, revocation of certification or | ||
licensure, or registration. Applications for employment must | ||
contain specific language that states that the applicant is not | ||
obligated to disclose expunged juvenile records of conviction | ||
or arrest. Employers may not ask if an applicant has had a | ||
juvenile record expunged. Effective January 1, 2005, the | ||
Department of Labor shall develop a link on the Department's | ||
website to inform employers that employers may not ask if an | ||
applicant had a juvenile record expunged and that application | ||
for employment must contain specific language that states that | ||
the applicant is not obligated to disclose expunged juvenile | ||
records of arrest or conviction. | ||
(b) A person whose juvenile records have been expunged is | ||
not entitled to remission of any fines, costs, or other money | ||
paid as a consequence of expungement. This amendatory Act of | ||
the 93rd General Assembly does not affect the right of the | ||
victim of a crime to prosecute or defend a civil action for | ||
damages.
| ||
(Source: P.A. 93-912, eff. 8-12-04; 94-696, eff. 6-1-06.)
| ||