(705 ILCS 405/5‑901)
(Text of Section before amendment by P.A. 94‑696)
Sec. 5‑901. Court file.
(1) The Court file with respect to proceedings under this
Article shall consist of the petitions, pleadings, victim impact statements,
process,
service of process, orders, writs and docket entries reflecting hearings held
and judgments and decrees entered by the court. The court file shall be
kept separate from other records of the court.
(a) The file, including information identifying the
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victim or alleged victim of any sex offense, shall be disclosed only to the following parties when necessary for discharge of their official duties:
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(i) A judge of the circuit court and members of
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the staff of the court designated by the judge;
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(ii) Parties to the proceedings and their
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(iii) Victims and their attorneys, except in
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cases of multiple victims of sex offenses in which case the information identifying the nonrequesting victims shall be redacted;
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(iv) Probation officers, law enforcement
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officers or prosecutors or their staff;
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(v) Adult and juvenile Prisoner Review Boards.
(b) The Court file redacted to remove any
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information identifying the victim or alleged victim of any sex offense shall be disclosed only to the following parties when necessary for discharge of their official duties:
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(i) Authorized military personnel;
(ii) Persons engaged in bona fide research, with
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the permission of the judge of the juvenile court and the chief executive of the agency that prepared the particular recording: provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record;
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(iii) The Secretary of State to whom the Clerk
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of the Court shall report the disposition of all cases, as required in Section 6‑204 or Section 6‑205.1 of the Illinois Vehicle Code. However, information reported relative to these offenses shall be privileged and available only to the Secretary of State, courts, and police officers;
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(iv) The administrator of a bonafide substance
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abuse student assistance program with the permission of the presiding judge of the juvenile court;
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(v) Any individual, or any public or private
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agency or institution, having custody of the juvenile under court order or providing educational, medical or mental health services to the juvenile or a court‑approved advocate for the juvenile or any placement provider or potential placement provider as determined by the court.
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(3) A minor who is the victim or alleged victim in a juvenile proceeding
shall be
provided the same confidentiality regarding disclosure of identity as the
minor who is the subject of record.
Information identifying victims and alleged victims of sex offenses,
shall not be disclosed or open to public inspection under any circumstances.
Nothing in this Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
(4) Relevant information, reports and records shall be made available to the
Department of
Corrections when a juvenile offender has been placed in the custody of the
Department of Corrections, Juvenile Division.
(5) Except as otherwise provided in this subsection (5), juvenile court
records shall not be made available to the general public
but may be inspected by representatives of agencies, associations and news
media or other properly interested persons by general or special order of
the court. The State's Attorney, the minor, his or her parents, guardian and
counsel
shall at all times have the right to examine court files and records.
(a) The court shall allow the general public to have
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access to the name, address, and offense of a minor who is adjudicated a delinquent minor under this Act under either of the following circumstances:
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(i) The adjudication of delinquency was based
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upon the minor's commission of first degree murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault; or
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(ii) The court has made a finding that the minor
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was at least 13 years of age at the time the act was committed and the adjudication of delinquency was based upon the minor's commission of: (A) an act in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an act involving the use of a firearm in the commission of a felony, (C) an act that would be a Class X felony offense under or the minor's second or subsequent Class 2 or greater felony offense under the Cannabis Control Act if committed by an adult, (D) an act that would be a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act if committed by an adult, (E) an act that would be an offense under Section 401 of the Illinois Controlled Substances Act if committed by an adult, or (F) an act that would be an offense under the Methamphetamine Control and Community Protection Act if committed by an adult.
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(b) The court shall allow the general public to have
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access to the name, address, and offense of a minor who is at least 13 years of age at the time the offense is committed and who is convicted, in criminal proceedings permitted or required under Section 5‑805, under either of the following circumstances:
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(i) The minor has been convicted of first degree
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murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault,
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(ii) The court has made a finding that the minor
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was at least 13 years of age at the time the offense was committed and the conviction was based upon the minor's commission of: (A) an offense in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an offense involving the use of a firearm in the commission of a felony, (C) a Class X felony offense under the Cannabis Control Act or a second or subsequent Class 2 or greater felony offense under the Cannabis Control Act, (D) a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act, (E) an offense under Section 401 of the Illinois Controlled Substances Act, or (F) an offense under the Methamphetamine Control and Community Protection Act.
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(6) Nothing in this Section shall be construed to limit the use of a
adjudication of delinquency as
evidence in any juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including but not limited to, use as
impeachment evidence against any witness, including the minor if he or she
testifies.
(7) Nothing in this Section shall affect the right of a Civil Service
Commission or appointing authority examining the character and fitness of
an applicant for a position as a law enforcement officer to ascertain
whether that applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records or evidence which were made in
proceedings under this Act.
(8) Following any adjudication of delinquency for a crime which would be
a felony if committed by an adult, or following any adjudication of delinquency
for a violation of Section 24‑1, 24‑3, 24‑3.1, or 24‑5
of the Criminal Code of 1961, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so, shall provide
a copy of the sentencing order to the principal or chief administrative
officer of the school. Access to such juvenile records shall be limited
to the principal or chief administrative officer of the school and any guidance
counselor designated by him or her.
(9) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to juveniles
subject to the provisions of the Serious Habitual Offender Comprehensive
Action Program when that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(11) The Clerk of the Circuit Court shall report to the Department of
State
Police, in the form and manner required by the Department of State Police, the
final disposition of each minor who has been arrested or taken into custody
before his or her 17th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information reported to
the Department under this Section may be maintained with records that the
Department files under Section 2.1 of the Criminal Identification Act.
(12) Information or records may be disclosed to the general public when the
court is conducting hearings under Section 5‑805 or 5‑810.
(Source: P.A. 94‑556, eff. 9‑11‑05.)
(Text of Section after amendment by P.A. 94‑696)
Sec. 5‑901. Court file.
(1) The Court file with respect to proceedings under this
Article shall consist of the petitions, pleadings, victim impact statements,
process,
service of process, orders, writs and docket entries reflecting hearings held
and judgments and decrees entered by the court. The court file shall be
kept separate from other records of the court.
(a) The file, including information identifying the
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|
victim or alleged victim of any sex offense, shall be disclosed only to the following parties when necessary for discharge of their official duties:
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(i) A judge of the circuit court and members of
|
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the staff of the court designated by the judge;
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(ii) Parties to the proceedings and their
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(iii) Victims and their attorneys, except in
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cases of multiple victims of sex offenses in which case the information identifying the nonrequesting victims shall be redacted;
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(iv) Probation officers, law enforcement
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officers or prosecutors or their staff;
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(v) Adult and juvenile Prisoner Review Boards.
(b) The Court file redacted to remove any
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information identifying the victim or alleged victim of any sex offense shall be disclosed only to the following parties when necessary for discharge of their official duties:
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(i) Authorized military personnel;
(ii) Persons engaged in bona fide research, with
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the permission of the judge of the juvenile court and the chief executive of the agency that prepared the particular recording: provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record;
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(iii) The Secretary of State to whom the Clerk
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of the Court shall report the disposition of all cases, as required in Section 6‑204 or Section 6‑205.1 of the Illinois Vehicle Code. However, information reported relative to these offenses shall be privileged and available only to the Secretary of State, courts, and police officers;
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(iv) The administrator of a bonafide substance
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abuse student assistance program with the permission of the presiding judge of the juvenile court;
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(v) Any individual, or any public or private
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agency or institution, having custody of the juvenile under court order or providing educational, medical or mental health services to the juvenile or a court‑approved advocate for the juvenile or any placement provider or potential placement provider as determined by the court.
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(3) A minor who is the victim or alleged victim in a juvenile proceeding
shall be
provided the same confidentiality regarding disclosure of identity as the
minor who is the subject of record.
Information identifying victims and alleged victims of sex offenses,
shall not be disclosed or open to public inspection under any circumstances.
Nothing in this Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
(4) Relevant information, reports and records shall be made available to the
Department of
Juvenile Justice when a juvenile offender has been placed in the custody of the
Department of Juvenile Justice.
(5) Except as otherwise provided in this subsection (5), juvenile court
records shall not be made available to the general public
but may be inspected by representatives of agencies, associations and news
media or other properly interested persons by general or special order of
the court. The State's Attorney, the minor, his or her parents, guardian and
counsel
shall at all times have the right to examine court files and records.
(a) The court shall allow the general public to have
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access to the name, address, and offense of a minor who is adjudicated a delinquent minor under this Act under either of the following circumstances:
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(i) The adjudication of delinquency was based
|
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upon the minor's commission of first degree murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault; or
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(ii) The court has made a finding that the minor
|
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was at least 13 years of age at the time the act was committed and the adjudication of delinquency was based upon the minor's commission of: (A) an act in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an act involving the use of a firearm in the commission of a felony, (C) an act that would be a Class X felony offense under or the minor's second or subsequent Class 2 or greater felony offense under the Cannabis Control Act if committed by an adult, (D) an act that would be a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act if committed by an adult, (E) an act that would be an offense under Section 401 of the Illinois Controlled Substances Act if committed by an adult, or (F) an act that would be an offense under the Methamphetamine Control and Community Protection Act if committed by an adult.
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(b) The court shall allow the general public to have
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access to the name, address, and offense of a minor who is at least 13 years of age at the time the offense is committed and who is convicted, in criminal proceedings permitted or required under Section 5‑805, under either of the following circumstances:
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(i) The minor has been convicted of first degree
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murder, attempt to commit first degree murder, aggravated criminal sexual assault, or criminal sexual assault,
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(ii) The court has made a finding that the minor
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was at least 13 years of age at the time the offense was committed and the conviction was based upon the minor's commission of: (A) an offense in furtherance of the commission of a felony as a member of or on behalf of a criminal street gang, (B) an offense involving the use of a firearm in the commission of a felony, (C) a Class X felony offense under the Cannabis Control Act or a second or subsequent Class 2 or greater felony offense under the Cannabis Control Act, (D) a second or subsequent offense under Section 402 of the Illinois Controlled Substances Act, (E) an offense under Section 401 of the Illinois Controlled Substances Act, or (F) an offense under the Methamphetamine Control and Community Protection Act.
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(6) Nothing in this Section shall be construed to limit the use of a
adjudication of delinquency as
evidence in any juvenile or criminal proceeding, where it would otherwise be
admissible under the rules of evidence, including but not limited to, use as
impeachment evidence against any witness, including the minor if he or she
testifies.
(7) Nothing in this Section shall affect the right of a Civil Service
Commission or appointing authority examining the character and fitness of
an applicant for a position as a law enforcement officer to ascertain
whether that applicant was ever adjudicated to be a delinquent minor and,
if so, to examine the records or evidence which were made in
proceedings under this Act.
(8) Following any adjudication of delinquency for a crime which would be
a felony if committed by an adult, or following any adjudication of delinquency
for a violation of Section 24‑1, 24‑3, 24‑3.1, or 24‑5
of the Criminal Code of 1961, the State's Attorney shall ascertain
whether the minor respondent is enrolled in school and, if so, shall provide
a copy of the sentencing order to the principal or chief administrative
officer of the school. Access to such juvenile records shall be limited
to the principal or chief administrative officer of the school and any guidance
counselor designated by him or her.
(9) Nothing contained in this Act prevents the sharing or
disclosure of information or records relating or pertaining to juveniles
subject to the provisions of the Serious Habitual Offender Comprehensive
Action Program when that information is used to assist in the early
identification and treatment of habitual juvenile offenders.
(11) The Clerk of the Circuit Court shall report to the Department of
State
Police, in the form and manner required by the Department of State Police, the
final disposition of each minor who has been arrested or taken into custody
before his or her 17th birthday for those offenses required to be reported
under Section 5 of the Criminal Identification Act. Information reported to
the Department under this Section may be maintained with records that the
Department files under Section 2.1 of the Criminal Identification Act.
(12) Information or records may be disclosed to the general public when the
court is conducting hearings under Section 5‑805 or 5‑810.
(Source: P.A. 94‑556, eff. 9‑11‑05; 94‑696, eff. 6‑1‑06.)
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(705 ILCS 405/5‑905)
(Text of Section before amendment by P.A. 94‑696)
Sec. 5‑905.
Law enforcement records.
(1) Law Enforcement Records.
Inspection and copying of law enforcement records maintained by law enforcement
agencies that relate to a minor who has been arrested or taken into custody
before his or her 17th birthday shall be restricted to the following and when
necessary for the discharge of their official duties:
(a) A judge of the circuit court and members of the
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staff of the court designated by the judge;
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(b) Law enforcement officers, probation officers or
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prosecutors or their staff;
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(c) The minor, the minor's parents or legal guardian
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and their attorneys, but only when the juvenile has been charged with an offense;
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(d) Adult and Juvenile Prisoner Review Boards;
(e) Authorized military personnel;
(f) Persons engaged in bona fide research, with the
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permission of the judge of juvenile court and the chief executive of the agency that prepared the particular recording: provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record;
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(g) Individuals responsible for supervising or
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providing temporary or permanent care and custody of minors pursuant to orders of the juvenile court or directives from officials of the Department of Children and Family Services or the Department of Human Services who certify in writing that the information will not be disclosed to any other party except as provided under law or order of court;
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(h) The appropriate school official. Inspection and
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copying shall be limited to law enforcement records transmitted to the appropriate school official by a local law enforcement agency under a reciprocal reporting system established and maintained between the school district and the local law enforcement agency under Section 10‑20.14 of the School Code concerning a minor enrolled in a school within the school district who has been arrested for any offense classified as a felony or a Class A or B misdemeanor.
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(2) Information identifying victims and alleged victims of sex offenses,
shall not be disclosed or open to public inspection under any circumstances.
Nothing in this Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
(3) Relevant information, reports and records shall be made available to the
Department of Corrections when a juvenile offender has been placed in the
custody of the Department of Corrections, Juvenile Division.
(4) Nothing in this Section shall prohibit the inspection or disclosure to
victims and witnesses of photographs contained in the records of law
enforcement agencies when the inspection or disclosure is conducted in the
presence of a law enforcement officer for purposes of identification or
apprehension of any person in the course of any criminal investigation or
prosecution.
(5) The records of law enforcement officers concerning all minors under
17 years of age must be maintained separate from the records of adults and
may not be open to public inspection or their contents disclosed to the
public except by order of the court or when the institution of criminal
proceedings has been permitted under Section 5‑130 or 5‑805 or required
under Section
5‑130 or 5‑805 or such a person has been convicted of a crime and is the
subject of
pre‑sentence investigation or when provided by law.
(6) Except as otherwise provided in this subsection (6), law enforcement
officers may not disclose the identity of any minor
in releasing information to the general public as to the arrest, investigation
or disposition of any case involving a minor.
Any victim or parent or legal guardian of a victim may petition the court to
disclose the name and address of the minor and the minor's parents or legal
guardian, or both. Upon a finding by clear and convincing evidence that the
disclosure is either necessary for the victim to pursue a civil remedy against
the minor or the minor's parents or legal guardian, or both, or to protect the
victim's person or property from the minor, then the court may order the
disclosure of the information to the victim or to the parent or legal guardian
of the victim only for the purpose of the victim pursuing a civil remedy
against the minor or the minor's parents or legal guardian, or both, or to
protect the victim's person or property from the minor.
(7) Nothing contained in this Section shall prohibit law enforcement
agencies when acting in their official capacity from communicating with each
other by letter, memorandum, teletype or
intelligence alert bulletin or other means the identity or other relevant
information pertaining to a person under 17 years of age. The information
provided under this subsection (7) shall remain confidential and shall not
be publicly disclosed, except as otherwise allowed by law.
(8) No person shall disclose information under this Section except when
acting in his or her official capacity and as provided by law or order of
court.
(Source: P.A. 90‑590, eff. 1‑1‑99; 91‑479, eff. 1‑1‑00.)
(Text of Section after amendment by P.A. 94‑696)
Sec. 5‑905. Law enforcement records.
(1) Law Enforcement Records.
Inspection and copying of law enforcement records maintained by law enforcement
agencies that relate to a minor who has been arrested or taken into custody
before his or her 17th birthday shall be restricted to the following and when
necessary for the discharge of their official duties:
(a) A judge of the circuit court and members of the
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staff of the court designated by the judge;
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(b) Law enforcement officers, probation officers or
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prosecutors or their staff;
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(c) The minor, the minor's parents or legal guardian
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and their attorneys, but only when the juvenile has been charged with an offense;
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(d) Adult and Juvenile Prisoner Review Boards;
(e) Authorized military personnel;
(f) Persons engaged in bona fide research, with the
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permission of the judge of juvenile court and the chief executive of the agency that prepared the particular recording: provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the record;
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(g) Individuals responsible for supervising or
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providing temporary or permanent care and custody of minors pursuant to orders of the juvenile court or directives from officials of the Department of Children and Family Services or the Department of Human Services who certify in writing that the information will not be disclosed to any other party except as provided under law or order of court;
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(h) The appropriate school official. Inspection and
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copying shall be limited to law enforcement records transmitted to the appropriate school official by a local law enforcement agency under a reciprocal reporting system established and maintained between the school district and the local law enforcement agency under Section 10‑20.14 of the School Code concerning a minor enrolled in a school within the school district who has been arrested for any offense classified as a felony or a Class A or B misdemeanor.
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(2) Information identifying victims and alleged victims of sex offenses,
shall not be disclosed or open to public inspection under any circumstances.
Nothing in this Section shall prohibit the victim or alleged victim of any sex
offense from voluntarily disclosing his or her identity.
(3) Relevant information, reports and records shall be made available to the
Department of Juvenile Justice when a juvenile offender has been placed in the
custody of the Department of Juvenile Justice.
(4) Nothing in this Section shall prohibit the inspection or disclosure to
victims and witnesses of photographs contained in the records of law
enforcement agencies when the inspection or disclosure is conducted in the
presence of a law enforcement officer for purposes of identification or
apprehension of any person in the course of any criminal investigation or
prosecution.
(5) The records of law enforcement officers concerning all minors under
17 years of age must be maintained separate from the records of adults and
may not be open to public inspection or their contents disclosed to the
public except by order of the court or when the institution of criminal
proceedings has been permitted under Section 5‑130 or 5‑805 or required
under Section
5‑130 or 5‑805 or such a person has been convicted of a crime and is the
subject of
pre‑sentence investigation or when provided by law.
(6) Except as otherwise provided in this subsection (6), law enforcement
officers may not disclose the identity of any minor
in releasing information to the general public as to the arrest, investigation
or disposition of any case involving a minor.
Any victim or parent or legal guardian of a victim may petition the court to
disclose the name and address of the minor and the minor's parents or legal
guardian, or both. Upon a finding by clear and convincing evidence that the
disclosure is either necessary for the victim to pursue a civil remedy against
the minor or the minor's parents or legal guardian, or both, or to protect the
victim's person or property from the minor, then the court may order the
disclosure of the information to the victim or to the parent or legal guardian
of the victim only for the purpose of the victim pursuing a civil remedy
against the minor or the minor's parents or legal guardian, or both, or to
protect the victim's person or property from the minor.
(7) Nothing contained in this Section shall prohibit law enforcement
agencies when acting in their official capacity from communicating with each
other by letter, memorandum, teletype or
intelligence alert bulletin or other means the identity or other relevant
information pertaining to a person under 17 years of age. The information
provided under this subsection (7) shall remain confidential and shall not
be publicly disclosed, except as otherwise allowed by law.
(8) No person shall disclose information under this Section except when
acting in his or her official capacity and as provided by law or order of
court.
(Source: P.A. 94‑696, eff. 6‑1‑06.)
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(705 ILCS 405/5‑915)
(Text of Section before amendment by P.A. 94‑696)
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
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delinquency was filed with the clerk of the circuit court; or
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(b) the minor was charged with an offense and was
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found not delinquent of that offense; or
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(c) the minor was placed under supervision pursuant
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to Section 5‑615, and the order of supervision has since been successfully terminated; or
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(d) the minor was adjudicated for an offense which
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would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult.
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(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
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proceedings relating to him or her have been terminated or his or her commitment to the Department of Corrections, Juvenile Division pursuant to this Act has been terminated;
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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 CIRCUITIN 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 Corrections, Juvenile Division, 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 90 days of the notice of the petition, the clerk of the circuit court shall set a date for hearing after the 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 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;orby 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 ..........................................................
SignatureClerk 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: ......................
JUDGEDATED: .......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 |
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(ii) The circumstances under which juvenile
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(iii) The juvenile offenses that may be expunged;
(iv) The steps necessary to initiate and complete the
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juvenile expungement process; and
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(v) Directions on how to contact the State Appellate
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(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.)
(Text of Section after amendment by P.A. 94‑696)
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
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delinquency was filed with the clerk of the circuit court; or
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(b) the minor was charged with an offense and was
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found not delinquent of that offense; or
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(c) the minor was placed under supervision pursuant
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to Section 5‑615, and the order of supervision has since been successfully terminated; or
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(d) the minor was adjudicated for an offense which
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would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult.
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(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
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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;
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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 CIRCUITIN 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 90 days of the notice of the petition, the clerk of the circuit court shall set a date for hearing after the 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 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 AttorneyTO: 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;orby 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 ..........................................................
SignatureClerk 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: ......................
JUDGEDATED: .......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 |
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(ii) The circumstances under which juvenile
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(iii) The juvenile offenses that may be expunged;
(iv) The steps necessary to initiate and complete the
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juvenile expungement process; and
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(v) Directions on how to contact the State Appellate
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(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.)
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