104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1406

 

Introduced 1/28/2025, by Rep. Dan Ugaste

 

SYNOPSIS AS INTRODUCED:
 
705 ILCS 405/5-915

    Amends the Juvenile Court Act of 1987. Precludes the court from ordering the automatic expungement of the juvenile court and law enforcement records of a delinquent minor based on an attempt to commit a disqualified offense.


LRB104 03233 RLC 13255 b

 

 

A BILL FOR

 

HB1406LRB104 03233 RLC 13255 b

1    AN ACT concerning juvenile law.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Juvenile Court Act of 1987 is amended by
5changing Section 5-915 as follows:
 
6    (705 ILCS 405/5-915)
7    (Text of Section before amendment by P.A. 103-717 and
8103-787)
9    Sec. 5-915. Expungement of juvenile law enforcement and
10juvenile court records.
11    (0.05) (Blank).
12    (0.1)(a) The Illinois State Police and all law enforcement
13agencies within the State shall automatically expunge, on or
14before January 1 of each year, except as described in
15paragraph (c) of this subsection (0.1), all juvenile law
16enforcement records relating to events occurring before an
17individual's 18th birthday if:
18        (1) one year or more has elapsed since the date of the
19    arrest or law enforcement interaction documented in the
20    records;
21        (2) no petition for delinquency or criminal charges
22    were filed with the clerk of the circuit court relating to
23    the arrest or law enforcement interaction documented in

 

 

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1    the records; and
2        (3) 6 months have elapsed since the date of the arrest
3    without an additional subsequent arrest or filing of a
4    petition for delinquency or criminal charges whether
5    related or not to the arrest or law enforcement
6    interaction documented in the records.
7    (b) If the law enforcement agency is unable to verify
8satisfaction of conditions (2) and (3) of this subsection
9(0.1), records that satisfy condition (1) of this subsection
10(0.1) shall be automatically expunged if the records relate to
11an offense that if committed by an adult would not be an
12offense classified as a Class 2 felony or higher, an offense
13under Article 11 of the Criminal Code of 1961 or Criminal Code
14of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1512-15, or 12-16 of the Criminal Code of 1961.
16    (c) If the juvenile law enforcement record was received
17through a public submission to a statewide student
18confidential reporting system administered by the Illinois
19State Police, the record will be maintained for a period of 5
20years according to all other provisions in this subsection
21(0.1).
22    (0.15) If a juvenile law enforcement record meets
23paragraph (a) of subsection (0.1) of this Section, a juvenile
24law enforcement record created:
25        (1) prior to January 1, 2018, but on or after January
26    1, 2013 shall be automatically expunged prior to January

 

 

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1    1, 2020;
2        (2) prior to January 1, 2013, but on or after January
3    1, 2000, shall be automatically expunged prior to January
4    1, 2023; and
5        (3) prior to January 1, 2000 shall not be subject to
6    the automatic expungement provisions of this Act.
7    Nothing in this subsection (0.15) shall be construed to
8restrict or modify an individual's right to have the person's
9juvenile law enforcement records expunged except as otherwise
10may be provided in this Act.
11    (0.2)(a) Upon dismissal of a petition alleging delinquency
12or upon a finding of not delinquent, the successful
13termination of an order of supervision, or the successful
14termination of an adjudication for an offense which would be a
15Class B misdemeanor, Class C misdemeanor, or a petty or
16business offense if committed by an adult, the court shall
17automatically order the expungement of the juvenile court
18records and juvenile law enforcement records. The clerk shall
19deliver a certified copy of the expungement order to the
20Illinois State Police and the arresting agency. Upon request,
21the State's Attorney shall furnish the name of the arresting
22agency. The expungement shall be completed within 60 business
23days after the receipt of the expungement order.
24    (b) If the chief law enforcement officer of the agency, or
25the chief law enforcement officer's designee, certifies in
26writing that certain information is needed for a pending

 

 

HB1406- 4 -LRB104 03233 RLC 13255 b

1investigation involving the commission of a felony, that
2information, and information identifying the juvenile, may be
3retained until the statute of limitations for the felony has
4run. If the chief law enforcement officer of the agency, or the
5chief law enforcement officer's designee, certifies in writing
6that certain information is needed with respect to an internal
7investigation of any law enforcement office, that information
8and information identifying the juvenile may be retained
9within an intelligence file until the investigation is
10terminated or the disciplinary action, including appeals, has
11been completed, whichever is later. Retention of a portion of
12a juvenile's law enforcement record does not disqualify the
13remainder of a juvenile's record from immediate automatic
14expungement.
15    (0.3)(a) Upon an adjudication of delinquency based on any
16offense except a disqualified offense, the juvenile court
17shall automatically order the expungement of the juvenile
18court and law enforcement records 2 years after the juvenile's
19case was closed if no delinquency or criminal proceeding is
20pending and the person has had no subsequent delinquency
21adjudication or criminal conviction. The clerk shall deliver a
22certified copy of the expungement order to the Illinois State
23Police and the arresting agency. Upon request, the State's
24Attorney shall furnish the name of the arresting agency. The
25expungement shall be completed within 60 business days after
26the receipt of the expungement order. In this subsection

 

 

HB1406- 5 -LRB104 03233 RLC 13255 b

1(0.3), "disqualified offense" means any of the following
2offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2,
310-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30,
411-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05,
512-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5,
612-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4,
718-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5,
824-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1,
931-1a, 32-4a, or 33A-2 of the Criminal Code of 2012, or
10subsection (b) of Section 8-1, paragraph (4) of subsection (a)
11of Section 11-14.4, subsection (a-5) of Section 12-3.1,
12paragraph (1), (2), or (3) of subsection (a) of Section 12-6,
13subsection (a-3) or (a-5) of Section 12-7.3, paragraph (1) or
14(2) of subsection (a) of Section 12-7.4, subparagraph (i) of
15paragraph (1) of subsection (a) of Section 12-9, subparagraph
16(H) of paragraph (3) of subsection (a) of Section 24-1.6,
17paragraph (1) of subsection (a) of Section 25-1, or subsection
18(a-7) of Section 31-1 of the Criminal Code of 2012.
19    (b) If the chief law enforcement officer of the agency, or
20the chief law enforcement officer's designee, certifies in
21writing that certain information is needed for a pending
22investigation involving the commission of a felony, that
23information, and information identifying the juvenile, may be
24retained in an intelligence file until the investigation is
25terminated or for one additional year, whichever is sooner.
26Retention of a portion of a juvenile's juvenile law

 

 

HB1406- 6 -LRB104 03233 RLC 13255 b

1enforcement record does not disqualify the remainder of a
2juvenile's record from immediate automatic expungement.
3    (0.4) Automatic expungement for the purposes of this
4Section shall not require law enforcement agencies to
5obliterate or otherwise destroy juvenile law enforcement
6records that would otherwise need to be automatically expunged
7under this Act, except after 2 years following the subject
8arrest for purposes of use in civil litigation against a
9governmental entity or its law enforcement agency or personnel
10which created, maintained, or used the records. However, these
11juvenile law enforcement records shall be considered expunged
12for all other purposes during this period and the offense,
13which the records or files concern, shall be treated as if it
14never occurred as required under Section 5-923.
15    (0.5) Subsection (0.1) or (0.2) of this Section does not
16apply to violations of traffic, boating, fish and game laws,
17or county or municipal ordinances.
18    (0.6) Juvenile law enforcement records of a plaintiff who
19has filed civil litigation against the governmental entity or
20its law enforcement agency or personnel that created,
21maintained, or used the records, or juvenile law enforcement
22records that contain information related to the allegations
23set forth in the civil litigation may not be expunged until
24after 2 years have elapsed after the conclusion of the
25lawsuit, including any appeal.
26    (0.7) Officer-worn body camera recordings shall not be

 

 

HB1406- 7 -LRB104 03233 RLC 13255 b

1automatically expunged except as otherwise authorized by the
2Law Enforcement Officer-Worn Body Camera Act.
3    (1) Whenever a person has been arrested, charged, or
4adjudicated delinquent for an incident occurring before a
5person's 18th birthday that if committed by an adult would be
6an offense, and that person's juvenile law enforcement and
7juvenile court records are not eligible for automatic
8expungement under subsection (0.1), (0.2), or (0.3), the
9person may petition the court at any time at no cost to the
10person for expungement of juvenile law enforcement records and
11juvenile court records relating to the incident and, upon
12termination of all juvenile court proceedings relating to that
13incident, the court shall order the expungement of all records
14in the possession of the Illinois State Police, the clerk of
15the circuit court, and law enforcement agencies relating to
16the incident, but only in any of the following circumstances:
17        (a) the minor was arrested and no petition for
18    delinquency was filed with the clerk of the circuit court;
19        (a-5) the minor was charged with an offense and the
20    petition or petitions were dismissed without a finding of
21    delinquency;
22        (b) the minor was charged with an offense and was
23    found not delinquent of that offense;
24        (c) the minor was placed under supervision under
25    Section 5-615, and the order of supervision has since been
26    successfully terminated; or

 

 

HB1406- 8 -LRB104 03233 RLC 13255 b

1        (d) the minor was adjudicated for an offense which
2    would be a Class B misdemeanor, Class C misdemeanor, or a
3    petty or business offense if committed by an adult.
4    (1.5) At no cost to the person, the Illinois State Police
5shall allow a person to use the Access and Review process,
6established in the Illinois State Police, for verifying that
7the person's juvenile law enforcement records relating to
8incidents occurring before the person's 18th birthday eligible
9under this Act have been expunged.
10    (1.6) (Blank).
11    (1.7) (Blank).
12    (1.8) (Blank).
13    (2) Any person whose delinquency adjudications are not
14eligible for automatic expungement under subsection (0.3) of
15this Section may petition the court at no cost to the person to
16expunge all juvenile law enforcement records relating to any
17incidents occurring before the person's 18th birthday which
18did not result in proceedings in criminal court and all
19juvenile court records with respect to any adjudications
20except those based upon first degree murder or an offense
21under Article 11 of the Criminal Code of 2012 if the person is
22required to register under the Sex Offender Registration Act
23at the time the person petitions the court for expungement;
24provided that 2 years have elapsed since all juvenile court
25proceedings relating to the person have been terminated and
26the person's commitment to the Department of Juvenile Justice

 

 

HB1406- 9 -LRB104 03233 RLC 13255 b

1under this Act has been terminated.
2    (2.5) If a minor is arrested and no petition for
3delinquency is filed with the clerk of the circuit court at the
4time the minor is released from custody, the youth officer, if
5applicable, or other designated person from the arresting
6agency, shall notify verbally and in writing to the minor or
7the minor's parents or guardians that the minor shall have an
8arrest record and shall provide the minor and the minor's
9parents or guardians with an expungement information packet,
10information regarding this State's expungement laws including
11a petition to expunge juvenile law enforcement and juvenile
12court records obtained from the clerk of the circuit court.
13    (2.6) If a minor is referred to court, then, at the time of
14sentencing, dismissal of the case, or successful completion of
15supervision, the judge shall inform the delinquent minor of
16the minor's rights regarding expungement and the clerk of the
17circuit court shall provide an expungement information packet
18to the minor, written in plain language, including information
19regarding this State's expungement laws and a petition for
20expungement, a sample of a completed petition, expungement
21instructions that shall include information informing the
22minor that (i) once the case is expunged, it shall be treated
23as if it never occurred, (ii) the minor shall not be charged a
24fee to petition for expungement, (iii) once the minor obtains
25an expungement, the minor may not be required to disclose that
26the minor had a juvenile law enforcement or juvenile court

 

 

HB1406- 10 -LRB104 03233 RLC 13255 b

1record, and (iv) if petitioning the minor may file the
2petition on the minor's own or with the assistance of an
3attorney. The failure of the judge to inform the delinquent
4minor of the minor's right to petition for expungement as
5provided by law does not create a substantive right, nor is
6that failure grounds for: (i) a reversal of an adjudication of
7delinquency; (ii) a new trial; or (iii) an appeal.
8    (2.7) (Blank).
9    (2.8) (Blank).
10    (3) (Blank).
11    (3.1) (Blank).
12    (3.2) (Blank).
13    (3.3) (Blank).
14    (4) (Blank).
15    (5) (Blank).
16    (5.5) Whether or not expunged, records eligible for
17automatic expungement under subdivision (0.1)(a), (0.2)(a), or
18(0.3)(a) may be treated as expunged by the individual subject
19to the records.
20    (6) (Blank).
21    (6.5) The Illinois State Police or any employee of the
22Illinois State Police shall be immune from civil or criminal
23liability for failure to expunge any records of arrest that
24are subject to expungement under this Section because of
25inability to verify a record. Nothing in this Section shall
26create Illinois State Police liability or responsibility for

 

 

HB1406- 11 -LRB104 03233 RLC 13255 b

1the expungement of juvenile law enforcement records it does
2not possess.
3    (7) (Blank).
4    (7.5) (Blank).
5    (8) The expungement of juvenile law enforcement or
6juvenile court records under subsection (0.1), (0.2), or (0.3)
7of this Section shall be funded by appropriation by the
8General Assembly for that purpose.
9    (9) (Blank).
10    (10) (Blank).
11(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
12102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.
136-30-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24.)
 
14    (Text of Section after amendment by P.A. 103-717 and
15103-787)
16    Sec. 5-915. Expungement of juvenile law enforcement and
17juvenile court records.
18    (0.05) (Blank).
19    (0.1)(a) The Illinois State Police and all law enforcement
20agencies within the State shall automatically expunge, on or
21before January 1 of each year, except as described in
22paragraph (c) of this subsection (0.1), all juvenile law
23enforcement records relating to events occurring before an
24individual's 18th birthday if:
25        (1) one year or more has elapsed since the date of the

 

 

HB1406- 12 -LRB104 03233 RLC 13255 b

1    arrest or law enforcement interaction documented in the
2    records;
3        (2) no petition for delinquency or criminal charges
4    were filed with the clerk of the circuit court relating to
5    the arrest or law enforcement interaction documented in
6    the records; and
7        (3) 6 months have elapsed since the date of the arrest
8    without an additional subsequent arrest or filing of a
9    petition for delinquency or criminal charges whether
10    related or not to the arrest or law enforcement
11    interaction documented in the records.
12    (b) If the law enforcement agency is unable to verify
13satisfaction of conditions (2) and (3) of this subsection
14(0.1), records that satisfy condition (1) of this subsection
15(0.1) shall be automatically expunged if the records relate to
16an offense that if committed by an adult would not be an
17offense classified as a Class 2 felony or higher, an offense
18under Article 11 of the Criminal Code of 1961 or Criminal Code
19of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
2012-15, or 12-16 of the Criminal Code of 1961.
21    (c) If the juvenile law enforcement record was received
22through a public submission to a statewide student
23confidential reporting system administered by the Illinois
24State Police, the record will be maintained for a period of 5
25years according to all other provisions in this subsection
26(0.1).

 

 

HB1406- 13 -LRB104 03233 RLC 13255 b

1    (0.15) If a juvenile law enforcement record meets
2paragraph (a) of subsection (0.1) of this Section, a juvenile
3law enforcement record created:
4        (1) prior to January 1, 2018, but on or after January
5    1, 2013 shall be automatically expunged prior to January
6    1, 2020;
7        (2) prior to January 1, 2013, but on or after January
8    1, 2000, shall be automatically expunged prior to January
9    1, 2023; and
10        (3) prior to January 1, 2000 shall not be subject to
11    the automatic expungement provisions of this Act.
12    Nothing in this subsection (0.15) shall be construed to
13restrict or modify an individual's right to have the person's
14juvenile law enforcement records expunged except as otherwise
15may be provided in this Act.
16    (0.2)(a) Upon dismissal of a petition alleging delinquency
17or upon a finding of not delinquent, the successful
18termination of an order of supervision, or the successful
19termination of an adjudication for an offense which would be a
20Class B misdemeanor, Class C misdemeanor, or a petty or
21business offense if committed by an adult, the court shall
22automatically order the expungement of the juvenile court
23records and juvenile law enforcement records. The clerk shall
24deliver a certified copy of the expungement order to the
25Illinois State Police and the arresting agency. Upon request,
26the State's Attorney shall furnish the name of the arresting

 

 

HB1406- 14 -LRB104 03233 RLC 13255 b

1agency. The expungement shall be completed within 60 business
2days after the receipt of the expungement order.
3    (b) If the chief law enforcement officer of the agency, or
4the chief law enforcement officer's designee, certifies in
5writing that certain information is needed for a pending
6investigation involving the commission of a felony, that
7information, and information identifying the juvenile, may be
8retained until the statute of limitations for the felony has
9run. If the chief law enforcement officer of the agency, or the
10chief law enforcement officer's designee, certifies in writing
11that certain information is needed with respect to an internal
12investigation of any law enforcement office, that information
13and information identifying the juvenile may be retained
14within an intelligence file until the investigation is
15terminated or the disciplinary action, including appeals, has
16been completed, whichever is later. Retention of a portion of
17a juvenile's law enforcement record does not disqualify the
18remainder of a juvenile's record from immediate automatic
19expungement.
20    (0.3)(a) Upon an adjudication of delinquency based on any
21offense except a disqualified offense or an attempt to commit
22a disqualified offense, the juvenile court shall automatically
23order the expungement of the juvenile court and law
24enforcement records 2 years after the juvenile's case was
25closed if no delinquency or criminal proceeding is pending and
26the person has had no subsequent delinquency adjudication or

 

 

HB1406- 15 -LRB104 03233 RLC 13255 b

1criminal conviction. On the date that the minor's sentence
2ends or the date that the court enters an order committing the
3minor to the Department of Juvenile Justice, the juvenile
4court judge shall schedule a date to enter the automatic
5expungement order. The minor must be notified but shall not be
6required to be present for the scheduled court date when
7automatic expungement is to be ordered. If the minor is not yet
8eligible on the originally scheduled date, the court shall
9schedule a subsequent date to enter the automatic expungement
10order. The clerk shall deliver a certified copy of the
11expungement order to the Illinois State Police and the
12arresting agency. Upon request, the State's Attorney shall
13furnish the name of the arresting agency. The expungement
14shall be completed within 60 business days after the receipt
15of the expungement order. In this subsection (0.3),
16"disqualified offense" means any of the following offenses:
17Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2,
1810-3, 10-3.1, 10-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40,
1911-1.50, 11-1.60, 11-6, 11-6.5, 12-2, 12-3.05, 12-3.3,
2012-4.4a, 12-5.02, 12-6.2, 12-6.5, 12-7.1, 12-7.5, 12-20.5,
2112-32, 12-33, 12-34, 12-34.5, 18-1, 18-2, 18-3, 18-4, 18-6,
2219-3, 19-6, 20-1, 20-1.1, 24-1.2, 24-1.2-5, 24-1.5, 24-3A,
2324-3B, 24-3.2, 24-3.8, 24-3.9, 29D-14.9, 29D-20, 30-1, 31-1a,
2432-4a, or 33A-2 of the Criminal Code of 2012, or subsection (b)
25of Section 8-1, paragraph (4) of subsection (a) of Section
2611-14.4, subsection (a-5) of Section 12-3.1, paragraph (1),

 

 

HB1406- 16 -LRB104 03233 RLC 13255 b

1(2), or (3) of subsection (a) of Section 12-6, subsection
2(a-3) or (a-5) of Section 12-7.3, paragraph (1) or (2) of
3subsection (a) of Section 12-7.4, subparagraph (i) of
4paragraph (1) of subsection (a) of Section 12-9, subparagraph
5(H) of paragraph (3) of subsection (a) of Section 24-1.6,
6paragraph (1) of subsection (a) of Section 25-1, or subsection
7(a-7) of Section 31-1 of the Criminal Code of 2012.
8    (b) If the chief law enforcement officer of the agency, or
9the chief law enforcement officer's designee, certifies in
10writing that certain information is needed for a pending
11investigation involving the commission of a felony, that
12information, and information identifying the juvenile, may be
13retained in an intelligence file until the investigation is
14terminated or for one additional year, whichever is sooner.
15Retention of a portion of a juvenile's juvenile law
16enforcement record does not disqualify the remainder of a
17juvenile's record from immediate automatic expungement.
18    (0.4) Automatic expungement for the purposes of this
19Section shall not require law enforcement agencies to
20obliterate or otherwise destroy juvenile law enforcement
21records that would otherwise need to be automatically expunged
22under this Act, except after 2 years following the subject
23arrest for purposes of use in civil litigation against a
24governmental entity or its law enforcement agency or personnel
25which created, maintained, or used the records. However, these
26juvenile law enforcement records shall be considered expunged

 

 

HB1406- 17 -LRB104 03233 RLC 13255 b

1for all other purposes during this period and the offense,
2which the records or files concern, shall be treated as if it
3never occurred as required under Section 5-923.
4    (0.5) Subsection (0.1) or (0.2) of this Section does not
5apply to violations of traffic, boating, fish and game laws,
6or county or municipal ordinances.
7    (0.6) Juvenile law enforcement records of a plaintiff who
8has filed civil litigation against the governmental entity or
9its law enforcement agency or personnel that created,
10maintained, or used the records, or juvenile law enforcement
11records that contain information related to the allegations
12set forth in the civil litigation may not be expunged until
13after 2 years have elapsed after the conclusion of the
14lawsuit, including any appeal.
15    (0.7) Officer-worn body camera recordings shall not be
16automatically expunged except as otherwise authorized by the
17Law Enforcement Officer-Worn Body Camera Act.
18    (1) Whenever a person has been arrested, charged, or
19adjudicated delinquent for an incident occurring before a
20person's 18th birthday that if committed by an adult would be
21an offense, and that person's juvenile law enforcement and
22juvenile court records are not eligible for automatic
23expungement under subsection (0.1), (0.2), or (0.3), the
24person may petition the court at any time at no cost to the
25person for expungement of juvenile law enforcement records and
26juvenile court records relating to the incident and, upon

 

 

HB1406- 18 -LRB104 03233 RLC 13255 b

1termination of all juvenile court proceedings relating to that
2incident, the court shall order the expungement of all records
3in the possession of the Illinois State Police, the clerk of
4the circuit court, and law enforcement agencies relating to
5the incident, but only in any of the following circumstances:
6        (a) the minor was arrested and no petition for
7    delinquency was filed with the clerk of the circuit court;
8        (a-5) the minor was charged with an offense and the
9    petition or petitions were dismissed without a finding of
10    delinquency;
11        (b) the minor was charged with an offense and was
12    found not delinquent of that offense;
13        (c) the minor was placed under supervision under
14    Section 5-615, and the order of supervision has since been
15    successfully terminated; or
16        (d) the minor was adjudicated for an offense which
17    would be a Class B misdemeanor, Class C misdemeanor, or a
18    petty or business offense if committed by an adult.
19    (1.5) At no cost to the person, the Illinois State Police
20shall allow a person to use the Access and Review process,
21established in the Illinois State Police, for verifying that
22the person's juvenile law enforcement records relating to
23incidents occurring before the person's 18th birthday eligible
24under this Act have been expunged.
25    (1.6) (Blank).
26    (1.7) (Blank).

 

 

HB1406- 19 -LRB104 03233 RLC 13255 b

1    (1.8) (Blank).
2    (2) Any person whose delinquency adjudications are not
3eligible for automatic expungement under subsection (0.3) of
4this Section may petition the court at no cost to the person to
5expunge all juvenile law enforcement records relating to any
6incidents occurring before the person's 18th birthday which
7did not result in proceedings in criminal court and all
8juvenile court records with respect to any adjudications
9except those based upon first degree murder or an offense
10under Article 11 of the Criminal Code of 2012 if the person is
11required to register under the Sex Offender Registration Act
12at the time the person petitions the court for expungement;
13provided that 2 years have elapsed since all juvenile court
14proceedings relating to the person have been terminated and
15the person's commitment to the Department of Juvenile Justice
16under this Act has been terminated.
17    (2.5) If a minor is arrested and no petition for
18delinquency is filed with the clerk of the circuit court at the
19time the minor is released from custody, the youth officer, if
20applicable, or other designated person from the arresting
21agency, shall notify verbally and in writing to the minor or
22the minor's parents or guardians that the minor shall have an
23arrest record and shall provide the minor and the minor's
24parents or guardians with an expungement information packet,
25information regarding this State's expungement laws including
26a petition to expunge juvenile law enforcement and juvenile

 

 

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1court records obtained from the clerk of the circuit court.
2    (2.6) If a minor is referred to court, then, at the time of
3sentencing, dismissal of the case, or successful completion of
4supervision, the judge shall inform the delinquent minor of
5the minor's rights regarding expungement and the clerk of the
6circuit court shall provide an expungement information packet
7to the minor, written in plain language, including information
8regarding this State's expungement laws and a petition for
9expungement, a sample of a completed petition, expungement
10instructions that shall include information informing the
11minor that (i) once the case is expunged, it shall be treated
12as if it never occurred, (ii) the minor shall not be charged a
13fee to petition for expungement, (iii) once the minor obtains
14an expungement, the minor may not be required to disclose that
15the minor had a juvenile law enforcement or juvenile court
16record, and (iv) if petitioning the minor may file the
17petition on the minor's own or with the assistance of an
18attorney. The failure of the judge to inform the delinquent
19minor of the minor's right to petition for expungement as
20provided by law does not create a substantive right, nor is
21that failure grounds for: (i) a reversal of an adjudication of
22delinquency; (ii) a new trial; or (iii) an appeal.
23    (2.6-1) A trafficking victim, as defined by paragraph (10)
24of subsection (a) of Section 10-9 of the Criminal Code of 2012,
25may petition for vacation and expungement or immediate sealing
26of his or her juvenile court records and juvenile law

 

 

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1enforcement records relating to events that resulted in the
2victim's adjudication of delinquency for an offense if
3committed by an adult would be a violation of the criminal laws
4occurring before the victim's 18th birthday upon the
5completion of his or her juvenile court sentence if his or her
6participation in the underlying offense was a result of human
7trafficking under Section 10-9 of the Criminal Code of 2012 or
8a severe form of trafficking under the federal Trafficking
9Victims Protection Act.
10    (2.7) (Blank).
11    (2.8) (Blank).
12    (3) (Blank).
13    (3.1) (Blank).
14    (3.2) (Blank).
15    (3.3) (Blank).
16    (4) (Blank).
17    (5) (Blank).
18    (5.5) Whether or not expunged, records eligible for
19automatic expungement under subdivision (0.1)(a), (0.2)(a), or
20(0.3)(a) may be treated as expunged by the individual subject
21to the records.
22    (6) (Blank).
23    (6.5) The Illinois State Police or any employee of the
24Illinois State Police shall be immune from civil or criminal
25liability for failure to expunge any records of arrest that
26are subject to expungement under this Section because of

 

 

HB1406- 22 -LRB104 03233 RLC 13255 b

1inability to verify a record. Nothing in this Section shall
2create Illinois State Police liability or responsibility for
3the expungement of juvenile law enforcement records it does
4not possess.
5    (7) (Blank).
6    (7.5) (Blank).
7    (8) The expungement of juvenile law enforcement or
8juvenile court records under subsection (0.1), (0.2), or (0.3)
9of this Section shall be funded by appropriation by the
10General Assembly for that purpose.
11    (9) (Blank).
12    (10) (Blank).
13(Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
14102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.
156-30-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24; 103-717,
16eff. 1-1-25; 103-787, eff. 1-1-25; revised 10-7-24.)
 
17    Section 95. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other
23Public Act.