093_HB1091eng

 
HB1091 Engrossed                     LRB093 04718 RLC 04774 b

 1        AN ACT in relation to minors.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Juvenile Court Act of 1987 is amended  by
 5    changing Section 5-915 as follows:

 6        (705 ILCS 405/5-915)
 7        Sec.  5-915.  Expungement of law enforcement and juvenile
 8    court records.
 9        (1)  Whenever any person has attained the age  of  17  or
10    whenever  all  juvenile  court  proceedings  relating to that
11    person have been terminated, whichever is later,  the  person
12    may  petition  the  court  shall automatically to expunge law
13    enforcement records relating to  incidents  occurring  before
14    his  or  her  17th  birthday  or  his  or  her juvenile court
15    records, or both, but only in the following circumstances:
16             (a)  the minor was  arrested  and  no  petition  for
17        delinquency  was  filed  with  the  clerk  of the circuit
18        court; or
19             (b)  the minor was charged with an offense  and  was
20        found not delinquent of that offense; or
21             (c)  the minor was placed under supervision pursuant
22        to  Section 5-615, and the order of supervision has since
23        been successfully terminated; or
24             (d)  the minor was adjudicated for an offense  which
25        would be a Class B misdemeanor if committed by an adult.
26        (2)  The  Any  person  may  petition  the  court shall to
27    expunge all law enforcement records relating to any incidents
28    occurring before a person's his or her  17th  birthday  which
29    did  not  result  in  proceedings  in  criminal court and all
30    juvenile court records  with  respect  to  any  adjudications
31    except  those based upon first degree murder and sex offenses
 
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 1    which would be felonies if committed  by  an  adult,  if  the
 2    person  for whom expungement is sought has had no convictions
 3    for any crime since his or her 17th birthday and:
 4             (a)  has attained the age of 21 years; or
 5             (b)  5 years have elapsed since all  juvenile  court
 6        proceedings  relating  to him or her have been terminated
 7        or  his  or  her  commitment   to   the   Department   of
 8        Corrections,  Juvenile  Division pursuant to this Act has
 9        been terminated;
10    whichever is later of (a) or (b).
11        (3)  The chief judge of the circuit in  which  an  arrest
12    was made or a charge was brought or any judge of that circuit
13    designated  by  the chief judge shall, for may, upon verified
14    petition of a person who is the subject of  an  arrest  or  a
15    juvenile court proceeding under subsection (1) or (2) of this
16    Section,  order the law enforcement records or official court
17    file, or both, to be expunged from the  official  records  of
18    the  arresting  authority, the clerk of the circuit court and
19    the Department of State Police. The person whose records  are
20    to  be  expunged  shall provide the clerk of the court with a
21    current address and shall promptly notify the  clerk  of  the
22    court  of  any  change  of  address. Notice that the person's
23    records are to be expunged shall be served upon  the  State's
24    Attorney  or  prosecutor charged with the duty of prosecuting
25    the offense, the Department of State  Police,  the  arresting
26    agency,  and  the  chief  legal  officer of the unit of local
27    government effecting the arrest by the clerk of the court  on
28    the  offender's  17th birthday or, for a person whose records
29    are  being  expunged  under  subsection  (2),  (i)   on   the
30    offender's  21st  birthday or (ii) after 5 years have elapsed
31    since all juvenile court proceedings related to  him  or  her
32    have  been  terminated  or  his  or  her  commitment  to  the
33    Department   of   Corrections,  Juvenile  Division  has  been
34    terminated, whichever is later.  If  an  objection  is  filed
 
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 1    within 90 days of the notice of the proposed expungement, the
 2    court  shall set a date for hearing. At the hearing the court
 3    shall hear evidence on  whether  the  expungement  should  or
 4    should  not  be  granted.  Unless  the  State's  Attorney  or
 5    prosecutor,  the  Department of State Police, or an arresting
 6    agency objects to the  expungement  within  90  days  of  the
 7    notice,   the   court  shall  enter  an  order  granting  the
 8    expungement. The person whose records are expunged shall  pay
 9    the  clerk  of  the  court  a  fee  equivalent  to  the  cost
10    associated with case tracking and expungement of the records.
11        (3.5) A person whose records are eligible for expungement
12    and  whose  arrest or disposition occurred before the date of
13    this amendatory  act  of  the  93rd  General  Assembly,  must
14    petition  the  court  for expungement under this Section. The
15    chief judge of the circuit in which an arrest was made  or  a
16    charge was brought or any judge of that circuit designated by
17    the  chief  judge  may, upon verified petition, order the law
18    enforcement records or official court file, or  both,  to  be
19    expunged   from   the   official  records  of  the  arresting
20    authority, the clerk of the circuit court and the  Department
21    of  State  Police.  Notice  of the verified petition shall be
22    served  by  the  petitioner  upon  the  State's  Attorney  or
23    prosecutor charged with the duty of prosecuting the  offense,
24    the Department of State Police, the arresting agency, and the
25    chief legal officer of the unit of local government effecting
26    the  arrest.  If  an objection is filed within 90 days of the
27    notice of the requested expungement, the court  shall  set  a
28    date  for  hearing.  At  the  hearing  the  court  shall hear
29    evidence on whether the expungement should or should  not  be
30    granted.  Unless  the  State's  Attorney  or  prosecutor, the
31    Department of State Police, or an arresting agency objects to
32    the expungement within 90 days of the notice, the court shall
33    enter an  order  granting  the  expungement.  Notice  of  the
34    petition  shall  be served upon the State's Attorney and upon
 
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 1    the arresting authority which is the subject of the  petition
 2    for expungement.
 3        (4)  Upon  entry  of an order expunging records or files,
 4    the offense, which the records  or  files  concern  shall  be
 5    treated as if it never occurred. Law enforcement officers and
 6    other  public  offices  and  agencies shall properly reply on
 7    inquiry that no record or file exists  with  respect  to  the
 8    person.
 9        (5)  Records which have not been expunged are sealed, and
10    may  be obtained only under the provisions of Sections 5-901,
11    5-905 and 5-915.
12        (6)  Nothing  in  this  Section  shall  be  construed  to
13    prohibit  the  maintenance  of  information  relating  to  an
14    offense after records or files concerning  the  offense  have
15    been  expunged  if  the  information is kept in a manner that
16    does  not  enable  identification  of  the  offender.    This
17    information  may  only  be used for statistical and bona fide
18    research purposes.
19    (Source: P.A. 90-590, eff. 1-1-99.)