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| 1 | AN ACT concerning courts.
| |||||||||||||||||||||||||||
| 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 Sections 5-125, 5-901, 5-905, 5-910, and 5-915 as | |||||||||||||||||||||||||||
| 6 | follows:
| |||||||||||||||||||||||||||
| 7 | (705 ILCS 405/5-125)
| |||||||||||||||||||||||||||
| 8 | Sec. 5-125. Concurrent jurisdiction. Any minor alleged to | |||||||||||||||||||||||||||
| 9 | have violated a traffic, boating, or fish and game law,
or a | |||||||||||||||||||||||||||
| 10 | municipal or county ordinance, may be prosecuted for the | |||||||||||||||||||||||||||
| 11 | violation and if
found
guilty punished under any statute or | |||||||||||||||||||||||||||
| 12 | ordinance relating to the violation,
without reference to the | |||||||||||||||||||||||||||
| 13 | procedures set out in this Article, except that any
detention, | |||||||||||||||||||||||||||
| 14 | must be in compliance with this Article and except that any law | |||||||||||||||||||||||||||
| 15 | enforcement, social investigation, psychological and medical | |||||||||||||||||||||||||||
| 16 | records, and court records concerning a municipal or county | |||||||||||||||||||||||||||
| 17 | ordinance violation by a minor shall be confidential. As used | |||||||||||||||||||||||||||
| 18 | in this Section and Sections 5-901, 5-905, 5-910, and 5-915, | |||||||||||||||||||||||||||
| 19 | "municipal or county ordinance violation" does not include a | |||||||||||||||||||||||||||
| 20 | petty
offense, business offense, or Class C misdemeanor under a | |||||||||||||||||||||||||||
| 21 | municipal or county ordinance regulating the parking, | |||||||||||||||||||||||||||
| 22 | standing, operation, or use of a motor vehicle.
| |||||||||||||||||||||||||||
| 23 | For the purpose of this Section, "traffic violation" shall | |||||||||||||||||||||||||||
| |||||||
| |||||||
| 1 | include a
violation of Section 9-3 of the Criminal Code of 1961 | ||||||
| 2 | or the Criminal Code of 2012 relating to the offense
of
| ||||||
| 3 | reckless homicide, Section 11-501 of the Illinois Vehicle Code, | ||||||
| 4 | or any similar
county or municipal ordinance.
| ||||||
| 5 | (Source: P.A. 97-1150, eff. 1-25-13.)
| ||||||
| 6 | (705 ILCS 405/5-901)
| ||||||
| 7 | Sec. 5-901. Court file.
| ||||||
| 8 | (1) The Court file with respect to proceedings under this
| ||||||
| 9 | Article and under the criminal laws of this State concerning a | ||||||
| 10 | minor charged with a municipal or county ordinance violation | ||||||
| 11 | shall consist of the petitions, pleadings, victim impact | ||||||
| 12 | statements,
process,
service of process, orders, writs and | ||||||
| 13 | docket entries reflecting hearings held
and judgments and | ||||||
| 14 | decrees entered by the court. The court file shall be
kept | ||||||
| 15 | separate from other records of the court.
| ||||||
| 16 | (a) The file, including information identifying the | ||||||
| 17 | victim or alleged
victim of any sex
offense, shall be | ||||||
| 18 | disclosed only to the following parties when necessary for
| ||||||
| 19 | discharge of their official duties:
| ||||||
| 20 | (i) A judge of the circuit court and members of the | ||||||
| 21 | staff of the court
designated by the judge;
| ||||||
| 22 | (ii) Parties to the proceedings and their | ||||||
| 23 | attorneys;
| ||||||
| 24 | (iii) Victims and their attorneys, except in cases | ||||||
| 25 | of multiple victims
of
sex offenses in which case the | ||||||
| |||||||
| |||||||
| 1 | information identifying the nonrequesting
victims | ||||||
| 2 | shall be redacted;
| ||||||
| 3 | (iv) Probation officers, law enforcement officers | ||||||
| 4 | or prosecutors or
their
staff;
| ||||||
| 5 | (v) Adult and juvenile Prisoner Review Boards.
| ||||||
| 6 | (b) The Court file redacted to remove any information | ||||||
| 7 | identifying the
victim or alleged victim of any sex offense | ||||||
| 8 | shall be disclosed only to the
following parties when | ||||||
| 9 | necessary for discharge of their official duties:
| ||||||
| 10 | (i) Authorized military personnel;
| ||||||
| 11 | (ii) Persons engaged in bona fide research, with | ||||||
| 12 | the permission of the
judge of the juvenile court and | ||||||
| 13 | the chief executive of the agency that prepared
the
| ||||||
| 14 | particular recording: provided that publication of | ||||||
| 15 | such research results in no
disclosure of a minor's | ||||||
| 16 | identity and protects the confidentiality of the
| ||||||
| 17 | record;
| ||||||
| 18 | (iii) The Secretary of State to whom the Clerk of | ||||||
| 19 | the Court shall report
the disposition of all cases, as | ||||||
| 20 | required in Section 6-204 or Section 6-205.1
of the | ||||||
| 21 | Illinois
Vehicle Code. However, information reported | ||||||
| 22 | relative to these offenses shall
be privileged and | ||||||
| 23 | available only to the Secretary of State, courts, and | ||||||
| 24 | police
officers;
| ||||||
| 25 | (iv) The administrator of a bonafide substance | ||||||
| 26 | abuse student
assistance program with the permission | ||||||
| |||||||
| |||||||
| 1 | of the presiding judge of the
juvenile court;
| ||||||
| 2 | (v) Any individual, or any public or private agency | ||||||
| 3 | or institution,
having
custody of the juvenile under | ||||||
| 4 | court order or providing educational, medical or
| ||||||
| 5 | mental health services to the juvenile or a | ||||||
| 6 | court-approved advocate for the
juvenile or any | ||||||
| 7 | placement provider or potential placement provider as
| ||||||
| 8 | determined by the court.
| ||||||
| 9 | (3) A minor who is the victim or alleged victim in a | ||||||
| 10 | juvenile proceeding
shall be
provided the same confidentiality | ||||||
| 11 | regarding disclosure of identity as the
minor who is the | ||||||
| 12 | subject of record.
Information identifying victims and alleged | ||||||
| 13 | victims of sex offenses,
shall not be disclosed or open to | ||||||
| 14 | public inspection under any circumstances.
Nothing in this | ||||||
| 15 | Section shall prohibit the victim or alleged victim of any sex
| ||||||
| 16 | offense from voluntarily disclosing his or her identity.
| ||||||
| 17 | (4) Relevant information, reports and records shall be made | ||||||
| 18 | available to the
Department of
Juvenile Justice when a juvenile | ||||||
| 19 | offender has been placed in the custody of the
Department of | ||||||
| 20 | Juvenile Justice.
| ||||||
| 21 | (5) Except as otherwise provided in this subsection (5), | ||||||
| 22 | juvenile court
records shall not be made available to the | ||||||
| 23 | general public
but may be inspected by representatives of | ||||||
| 24 | agencies, associations and news
media or other properly | ||||||
| 25 | interested persons by general or special order of
the court. | ||||||
| 26 | The State's Attorney, the minor, his or her parents, guardian | ||||||
| |||||||
| |||||||
| 1 | and
counsel
shall at all times have the right to examine court | ||||||
| 2 | files and records.
| ||||||
| 3 | (a) The
court shall allow the general public to have | ||||||
| 4 | access to the name, address, and
offense of a minor
who is | ||||||
| 5 | adjudicated a delinquent minor under this Act under either | ||||||
| 6 | of the
following circumstances:
| ||||||
| 7 | (i) The
adjudication of
delinquency was based upon | ||||||
| 8 | the
minor's
commission of first degree murder, attempt | ||||||
| 9 | to commit first degree
murder, aggravated criminal | ||||||
| 10 | sexual assault, or criminal sexual assault; or
| ||||||
| 11 | (ii) The court has made a finding that the minor | ||||||
| 12 | was at least 13 years
of
age
at the time the act was | ||||||
| 13 | committed and the adjudication of delinquency was | ||||||
| 14 | based
upon the minor's commission of: (A)
an act in | ||||||
| 15 | furtherance of the commission of a felony as a member | ||||||
| 16 | of or on
behalf of a criminal street
gang, (B) an act | ||||||
| 17 | involving the use of a firearm in the commission of a
| ||||||
| 18 | felony, (C) an act that would be a Class X felony | ||||||
| 19 | offense
under or
the minor's second or subsequent
Class | ||||||
| 20 | 2 or greater felony offense under the Cannabis Control | ||||||
| 21 | Act if committed
by an adult,
(D) an act that would be | ||||||
| 22 | a second or subsequent offense under Section 402 of
the | ||||||
| 23 | Illinois Controlled Substances Act if committed by an | ||||||
| 24 | adult, (E) an act
that would be an offense under | ||||||
| 25 | Section 401 of the Illinois Controlled
Substances Act | ||||||
| 26 | if committed by an adult, or (F) an act that would be | ||||||
| |||||||
| |||||||
| 1 | an offense under the Methamphetamine Control and | ||||||
| 2 | Community Protection Act if committed by an adult.
| ||||||
| 3 | (b) The court
shall allow the general public to have | ||||||
| 4 | access to the name, address, and offense
of a minor who is | ||||||
| 5 | at least 13 years of age at
the time the offense
is | ||||||
| 6 | committed and who is convicted, in criminal proceedings
| ||||||
| 7 | permitted or required under Section 5-805, under either of
| ||||||
| 8 | the following
circumstances:
| ||||||
| 9 | (i) The minor has been convicted of first degree | ||||||
| 10 | murder, attempt
to commit first degree
murder, | ||||||
| 11 | aggravated criminal sexual
assault, or criminal sexual | ||||||
| 12 | assault,
| ||||||
| 13 | (ii) The court has made a finding that the minor | ||||||
| 14 | was at least 13 years
of age
at the time the offense | ||||||
| 15 | was committed and the conviction was based upon the
| ||||||
| 16 | minor's commission of: (A)
an offense in
furtherance of | ||||||
| 17 | the commission of a felony as a member of or on behalf | ||||||
| 18 | of a
criminal street gang, (B) an offense
involving the | ||||||
| 19 | use of a firearm in the commission of a felony, (C)
a | ||||||
| 20 | Class X felony offense under the Cannabis Control Act | ||||||
| 21 | or a second or
subsequent Class 2 or
greater felony | ||||||
| 22 | offense under the Cannabis Control Act, (D) a
second or | ||||||
| 23 | subsequent offense under Section 402 of the Illinois
| ||||||
| 24 | Controlled Substances Act, (E) an offense under | ||||||
| 25 | Section 401 of the Illinois
Controlled Substances Act, | ||||||
| 26 | or (F) an offense under the Methamphetamine Control and | ||||||
| |||||||
| |||||||
| 1 | Community Protection Act.
| ||||||
| 2 | (6) Nothing in this Section shall be construed to limit the | ||||||
| 3 | use of a
adjudication of delinquency as
evidence in any | ||||||
| 4 | juvenile or criminal proceeding, where it would otherwise be
| ||||||
| 5 | admissible under the rules of evidence, including but not | ||||||
| 6 | limited to, use as
impeachment evidence against any witness, | ||||||
| 7 | including the minor if he or she
testifies.
| ||||||
| 8 | (7) Nothing in this Section shall affect the right of a | ||||||
| 9 | Civil Service
Commission or appointing authority examining the | ||||||
| 10 | character and fitness of
an applicant for a position as a law | ||||||
| 11 | enforcement officer to ascertain
whether that applicant was | ||||||
| 12 | ever adjudicated to be a delinquent minor and,
if so, to | ||||||
| 13 | examine the records or evidence which were made in
proceedings | ||||||
| 14 | under this Act.
| ||||||
| 15 | (8) Following any adjudication of delinquency for a crime | ||||||
| 16 | which would be
a felony if committed by an adult, or following | ||||||
| 17 | any adjudication of delinquency
for a violation of Section | ||||||
| 18 | 24-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the | ||||||
| 19 | Criminal Code of 2012, the State's Attorney shall ascertain
| ||||||
| 20 | whether the minor respondent is enrolled in school and, if so, | ||||||
| 21 | shall provide
a copy of the sentencing order to the principal | ||||||
| 22 | or chief administrative
officer of the school. Access to such | ||||||
| 23 | juvenile records shall be limited
to the principal or chief | ||||||
| 24 | administrative officer of the school and any guidance
counselor | ||||||
| 25 | designated by him or her.
| ||||||
| 26 | (9) Nothing contained in this Act prevents the sharing or
| ||||||
| |||||||
| |||||||
| 1 | disclosure of information or records relating or pertaining to | ||||||
| 2 | juveniles
subject to the provisions of the Serious Habitual | ||||||
| 3 | Offender Comprehensive
Action Program when that information is | ||||||
| 4 | used to assist in the early
identification and treatment of | ||||||
| 5 | habitual juvenile offenders.
| ||||||
| 6 | (11) The Clerk of the Circuit Court shall report to the | ||||||
| 7 | Department of
State
Police, in the form and manner required by | ||||||
| 8 | the Department of State Police, the
final disposition of each | ||||||
| 9 | minor who has been arrested or taken into custody
before his or | ||||||
| 10 | her 18th birthday for those offenses required to be reported
| ||||||
| 11 | under Section 5 of the Criminal Identification Act. Information | ||||||
| 12 | reported to
the Department under this Section may be maintained | ||||||
| 13 | with records that the
Department files under Section 2.1 of the | ||||||
| 14 | Criminal Identification Act.
| ||||||
| 15 | (12) Information or records may be disclosed to the general | ||||||
| 16 | public when the
court is conducting hearings under Section | ||||||
| 17 | 5-805 or 5-810.
| ||||||
| 18 | (13) The changes made to this Section by Public Act 98-61 | ||||||
| 19 | this amendatory Act of the 98th General Assembly apply to | ||||||
| 20 | juvenile court records of a minor who has been arrested or | ||||||
| 21 | taken into custody on or after January 1, 2014 (the effective | ||||||
| 22 | date of Public Act 98-61) this amendatory Act. | ||||||
| 23 | (Source: P.A. 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; | ||||||
| 24 | revised 11-22-13.)
| ||||||
| 25 | (705 ILCS 405/5-905)
| ||||||
| |||||||
| |||||||
| 1 | Sec. 5-905. Law enforcement records.
| ||||||
| 2 | (1) Law Enforcement Records.
Inspection and copying of law | ||||||
| 3 | enforcement records maintained by law enforcement
agencies | ||||||
| 4 | that relate to a minor who has been arrested or taken into | ||||||
| 5 | custody
before his or her 18th birthday, including law | ||||||
| 6 | enforcement records of a minor charged with a municipal or | ||||||
| 7 | county ordinance violation, shall be restricted to the | ||||||
| 8 | following and when
necessary for the discharge of their | ||||||
| 9 | official duties:
| ||||||
| 10 | (a) A judge of the circuit court and members of the | ||||||
| 11 | staff of the court
designated by the judge;
| ||||||
| 12 | (b) Law enforcement officers, probation officers or | ||||||
| 13 | prosecutors or their
staff, or, when necessary for the | ||||||
| 14 | discharge of its official duties in connection with a | ||||||
| 15 | particular investigation of the conduct of a law | ||||||
| 16 | enforcement officer, an independent agency or its staff | ||||||
| 17 | created by ordinance and charged by a unit of local | ||||||
| 18 | government with the duty of investigating the conduct of | ||||||
| 19 | law enforcement officers;
| ||||||
| 20 | (c) The minor, the minor's parents or legal guardian | ||||||
| 21 | and their attorneys,
but only when the juvenile has been | ||||||
| 22 | charged with an offense;
| ||||||
| 23 | (d) Adult and Juvenile Prisoner Review Boards;
| ||||||
| 24 | (e) Authorized military personnel;
| ||||||
| 25 | (f) Persons engaged in bona fide research, with the | ||||||
| 26 | permission of the
judge of juvenile court and the chief | ||||||
| |||||||
| |||||||
| 1 | executive of the agency that prepared the
particular | ||||||
| 2 | recording: provided that publication of such research | ||||||
| 3 | results in no
disclosure of a minor's identity and protects | ||||||
| 4 | the confidentiality of the
record;
| ||||||
| 5 | (g) Individuals responsible for supervising or | ||||||
| 6 | providing temporary or
permanent care and custody of minors | ||||||
| 7 | pursuant to orders of the juvenile court
or directives from | ||||||
| 8 | officials of the Department of Children and Family
Services | ||||||
| 9 | or the Department of Human Services who certify in writing | ||||||
| 10 | that the
information will not be disclosed to any other | ||||||
| 11 | party except as provided under
law or order of court;
| ||||||
| 12 | (h) The appropriate school official only if the agency | ||||||
| 13 | or officer believes that there is an imminent threat of | ||||||
| 14 | physical harm to students, school personnel, or others who | ||||||
| 15 | are present in the school or on school grounds. | ||||||
| 16 | (A) Inspection and copying
shall be limited to law | ||||||
| 17 | enforcement records transmitted to the appropriate
| ||||||
| 18 | school official or officials whom the school has | ||||||
| 19 | determined to have a legitimate educational or safety | ||||||
| 20 | interest by a local law enforcement agency under a | ||||||
| 21 | reciprocal reporting
system established and maintained | ||||||
| 22 | between the school district and the local law
| ||||||
| 23 | enforcement agency under Section 10-20.14 of the | ||||||
| 24 | School Code concerning a minor
enrolled in a school | ||||||
| 25 | within the school district who has been arrested
or | ||||||
| 26 | taken into custody for any of the following offenses: | ||||||
| |||||||
| |||||||
| 1 | (i) any violation of Article 24 of the Criminal | ||||||
| 2 | Code of
1961 or the Criminal Code of 2012; | ||||||
| 3 | (ii) a violation of the Illinois Controlled | ||||||
| 4 | Substances Act; | ||||||
| 5 | (iii) a violation of the Cannabis Control Act; | ||||||
| 6 | (iv) a forcible felony as defined in Section | ||||||
| 7 | 2-8 of the Criminal Code
of 1961 or the Criminal | ||||||
| 8 | Code of 2012; | ||||||
| 9 | (v) a violation of the Methamphetamine Control | ||||||
| 10 | and Community Protection Act; | ||||||
| 11 | (vi) a violation of Section 1-2 of the | ||||||
| 12 | Harassing and Obscene Communications Act; | ||||||
| 13 | (vii) a violation of the Hazing Act; or | ||||||
| 14 | (viii) a violation of Section 12-1, 12-2, | ||||||
| 15 | 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, | ||||||
| 16 | 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the | ||||||
| 17 | Criminal Code of 1961 or the Criminal Code of 2012. | ||||||
| 18 | The information derived from the law enforcement | ||||||
| 19 | records shall be kept separate from and shall not | ||||||
| 20 | become a part of the official school record of that | ||||||
| 21 | child and shall not be a public record. The information | ||||||
| 22 | shall be used solely by the appropriate school official | ||||||
| 23 | or officials whom the school has determined to have a | ||||||
| 24 | legitimate educational or safety interest to aid in the | ||||||
| 25 | proper rehabilitation of the child and to protect the | ||||||
| 26 | safety of students and employees in the school. If the | ||||||
| |||||||
| |||||||
| 1 | designated law enforcement and school officials deem | ||||||
| 2 | it to be in the best interest of the minor, the student | ||||||
| 3 | may be referred to in-school or community based social | ||||||
| 4 | services if those services are available. | ||||||
| 5 | "Rehabilitation services" may include interventions by | ||||||
| 6 | school support personnel, evaluation for eligibility | ||||||
| 7 | for special education, referrals to community-based | ||||||
| 8 | agencies such as youth services, behavioral healthcare | ||||||
| 9 | service providers, drug and alcohol prevention or | ||||||
| 10 | treatment programs, and other interventions as deemed | ||||||
| 11 | appropriate for the student. | ||||||
| 12 | (B) Any information provided to appropriate school | ||||||
| 13 | officials whom the school has determined to have a | ||||||
| 14 | legitimate educational or safety interest by local law | ||||||
| 15 | enforcement officials about a minor who is the subject | ||||||
| 16 | of a current police investigation that is directly | ||||||
| 17 | related to school safety shall consist of oral | ||||||
| 18 | information only, and not written law enforcement | ||||||
| 19 | records, and shall be used solely by the appropriate | ||||||
| 20 | school official or officials to protect the safety of | ||||||
| 21 | students and employees in the school and aid in the | ||||||
| 22 | proper rehabilitation of the child. The information | ||||||
| 23 | derived orally from the local law enforcement | ||||||
| 24 | officials shall be kept separate from and shall not | ||||||
| 25 | become a part of the official school record of the | ||||||
| 26 | child and shall not be a public record. This limitation | ||||||
| |||||||
| |||||||
| 1 | on the use of information about a minor who is the | ||||||
| 2 | subject of a current police investigation shall in no | ||||||
| 3 | way limit the use of this information by prosecutors in | ||||||
| 4 | pursuing criminal charges arising out of the | ||||||
| 5 | information disclosed during a police investigation of | ||||||
| 6 | the minor. For purposes of this paragraph, | ||||||
| 7 | "investigation" means an official systematic inquiry | ||||||
| 8 | by a law enforcement agency into actual or suspected | ||||||
| 9 | criminal activity;
| ||||||
| 10 | (i) The president of a park district. Inspection and | ||||||
| 11 | copying shall be limited to law enforcement records | ||||||
| 12 | transmitted to the president of the park district by the | ||||||
| 13 | Illinois State Police under Section 8-23 of the Park | ||||||
| 14 | District Code or Section 16a-5 of the Chicago Park District | ||||||
| 15 | Act concerning a person who is seeking employment with that | ||||||
| 16 | park district and who has been adjudicated a juvenile | ||||||
| 17 | delinquent for any of the offenses listed in subsection (c) | ||||||
| 18 | of Section 8-23 of the Park District Code or subsection (c) | ||||||
| 19 | of Section 16a-5 of the Chicago Park District Act. | ||||||
| 20 | (2) Information identifying victims and alleged victims of | ||||||
| 21 | sex offenses,
shall not be disclosed or open to public | ||||||
| 22 | inspection under any circumstances.
Nothing in this Section | ||||||
| 23 | shall prohibit the victim or alleged victim of any sex
offense | ||||||
| 24 | from voluntarily disclosing his or her identity.
| ||||||
| 25 | (2.5) If the minor is a victim of aggravated battery, | ||||||
| 26 | battery, attempted first degree murder, or other non-sexual | ||||||
| |||||||
| |||||||
| 1 | violent offense, the identity of the victim may be disclosed to | ||||||
| 2 | appropriate school officials, for the purpose of preventing | ||||||
| 3 | foreseeable future violence involving minors, by a local law | ||||||
| 4 | enforcement agency pursuant to an agreement established | ||||||
| 5 | between the school district and a local law enforcement agency | ||||||
| 6 | subject to the approval by the presiding judge of the juvenile | ||||||
| 7 | court. | ||||||
| 8 | (3) Relevant information, reports and records shall be made | ||||||
| 9 | available to the
Department of Juvenile Justice when a juvenile | ||||||
| 10 | offender has been placed in the
custody of the Department of | ||||||
| 11 | Juvenile Justice.
| ||||||
| 12 | (4) Nothing in this Section shall prohibit the inspection | ||||||
| 13 | or disclosure to
victims and witnesses of photographs contained | ||||||
| 14 | in the records of law
enforcement agencies when the inspection | ||||||
| 15 | or disclosure is conducted in the
presence of a law enforcement | ||||||
| 16 | officer for purposes of identification or
apprehension of any | ||||||
| 17 | person in the course of any criminal investigation or
| ||||||
| 18 | prosecution.
| ||||||
| 19 | (5) The records of law enforcement officers, or of an | ||||||
| 20 | independent agency created by ordinance and charged by a unit | ||||||
| 21 | of local government with the duty of investigating the conduct | ||||||
| 22 | of law enforcement officers, concerning all minors under
18 | ||||||
| 23 | years of age must be maintained separate from the records of | ||||||
| 24 | adults and
may not be open to public inspection or their | ||||||
| 25 | contents disclosed to the
public except by order of the court | ||||||
| 26 | or when the institution of criminal
proceedings has been | ||||||
| |||||||
| |||||||
| 1 | permitted under Section 5-130 or 5-805 or required
under | ||||||
| 2 | Section
5-130 or 5-805 or such a person has been convicted of a | ||||||
| 3 | crime and is the
subject of
pre-sentence investigation or when | ||||||
| 4 | provided by law.
| ||||||
| 5 | (6) Except as otherwise provided in this subsection (6), | ||||||
| 6 | law enforcement
officers, and personnel of an independent | ||||||
| 7 | agency created by ordinance and charged by a unit of local | ||||||
| 8 | government with the duty of investigating the conduct of law | ||||||
| 9 | enforcement officers, may not disclose the identity of any | ||||||
| 10 | minor
in releasing information to the general public as to the | ||||||
| 11 | arrest, investigation
or disposition of any case involving a | ||||||
| 12 | minor.
Any victim or parent or legal guardian of a victim may | ||||||
| 13 | petition the court to
disclose the name and address of the | ||||||
| 14 | minor and the minor's parents or legal
guardian, or both. Upon | ||||||
| 15 | a finding by clear and convincing evidence that the
disclosure | ||||||
| 16 | is either necessary for the victim to pursue a civil remedy | ||||||
| 17 | against
the minor or the minor's parents or legal guardian, or | ||||||
| 18 | both, or to protect the
victim's person or property from the | ||||||
| 19 | minor, then the court may order the
disclosure of the | ||||||
| 20 | information to the victim or to the parent or legal guardian
of | ||||||
| 21 | the victim only for the purpose of the victim pursuing a civil | ||||||
| 22 | remedy
against the minor or the minor's parents or legal | ||||||
| 23 | guardian, or both, or to
protect the victim's person or | ||||||
| 24 | property from the minor.
| ||||||
| 25 | (7) Nothing contained in this Section shall prohibit law | ||||||
| 26 | enforcement
agencies when acting in their official capacity | ||||||
| |||||||
| |||||||
| 1 | from communicating with each
other by letter, memorandum, | ||||||
| 2 | teletype or
intelligence alert bulletin or other means the | ||||||
| 3 | identity or other relevant
information pertaining to a person | ||||||
| 4 | under 18 years of age. The information
provided under this | ||||||
| 5 | subsection (7) shall remain confidential and shall not
be | ||||||
| 6 | publicly disclosed, except as otherwise allowed by law.
| ||||||
| 7 | (8) No person shall disclose information under this Section | ||||||
| 8 | except when
acting in his or her official capacity and as | ||||||
| 9 | provided by law or order of
court.
| ||||||
| 10 | (9) The changes made to this Section by Public Act 98-61 | ||||||
| 11 | this amendatory Act of the 98th General Assembly apply to law | ||||||
| 12 | enforcement records of a minor who has been arrested or taken | ||||||
| 13 | into custody on or after January 1, 2014 (the effective date of | ||||||
| 14 | Public Act 98-61) this amendatory Act. | ||||||
| 15 | (Source: P.A. 97-700, eff. 6-22-12; 97-1104, eff. 1-1-13; | ||||||
| 16 | 97-1150, eff. 1-25-13; 98-61, eff. 1-1-14; revised 11-22-13.)
| ||||||
| 17 | (705 ILCS 405/5-910)
| ||||||
| 18 | Sec. 5-910. Social, psychological and medical records.
| ||||||
| 19 | (1) The social investigation, psychological and medical | ||||||
| 20 | records of any
juvenile offender
and of a minor charged with a | ||||||
| 21 | municipal or county ordinance violation shall be privileged and | ||||||
| 22 | shall not be disclosed except:
| ||||||
| 23 | (a) upon the written consent of the former juvenile or, | ||||||
| 24 | if the juvenile
offender is under 18 years of age, by the | ||||||
| 25 | parent of the juvenile; or
| ||||||
| |||||||
| |||||||
| 1 | (b) upon a determination by the head of the treatment | ||||||
| 2 | facility, who has
the records, that disclosure to another | ||||||
| 3 | individual or facility providing
treatment to the minor is | ||||||
| 4 | necessary for the further treatment of the
juvenile | ||||||
| 5 | offender; or
| ||||||
| 6 | (c) when any court having jurisdiction of the juvenile | ||||||
| 7 | offender orders
disclosure; or
| ||||||
| 8 | (d) when requested by any attorney representing the
| ||||||
| 9 | juvenile offender, but the records shall not be further | ||||||
| 10 | disclosed by the
attorney unless approved by the court or | ||||||
| 11 | presented as admissible evidence; or
| ||||||
| 12 | (e) upon a written request of a juvenile probation | ||||||
| 13 | officer in regard to an
alleged juvenile
offender when the | ||||||
| 14 | information is needed for screening and assessment | ||||||
| 15 | purposes,
for preparation of a social investigation or | ||||||
| 16 | presentence investigation,
or placement decisions; but the | ||||||
| 17 | records shall not be further disclosed by the
probation | ||||||
| 18 | officer unless approved by the court; or
| ||||||
| 19 | (f) when the State's Attorney requests a copy of the | ||||||
| 20 | social investigation
for use at a sentencing hearing or | ||||||
| 21 | upon written request of the State's Attorney
for | ||||||
| 22 | psychological or medical records when the minor contests | ||||||
| 23 | his fitness for
trial or relies on an affirmative defense | ||||||
| 24 | of intoxication or insanity.
| ||||||
| 25 | (2) Willful violation of this Section is a Class C | ||||||
| 26 | misdemeanor.
| ||||||
| |||||||
| |||||||
| 1 | (3) Nothing in this Section shall operate to extinguish any | ||||||
| 2 | rights of a
juvenile offender established by attorney-client, | ||||||
| 3 | physician-patient,
psychologist-client or social worker-client | ||||||
| 4 | privileges except as otherwise
provided by law.
| ||||||
| 5 | (Source: P.A. 90-590, eff. 1-1-99.)
| ||||||
| 6 | (705 ILCS 405/5-915)
| ||||||
| 7 | Sec. 5-915. Expungement of juvenile law enforcement and | ||||||
| 8 | court records.
| ||||||
| 9 | For purposes of this Section and Section 5-622, the | ||||||
| 10 | expungement of law enforcement and court records of a minor | ||||||
| 11 | charged with a municipal or county ordinance violation shall be | ||||||
| 12 | governed by this Section and not Section 5.2 of the Criminal | ||||||
| 13 | Identification Act. | ||||||
| 14 | (0.05) For purposes of this Section and Section 5-622: | ||||||
| 15 | "Expunge" means to physically destroy the records and | ||||||
| 16 | to obliterate the minor's name from any official index or | ||||||
| 17 | public record, or both. Nothing in this Act shall require | ||||||
| 18 | the physical destruction of the internal office records, | ||||||
| 19 | files, or databases maintained by a State's Attorney's | ||||||
| 20 | Office or other prosecutor. | ||||||
| 21 | "Law enforcement record" includes but is not limited to | ||||||
| 22 | records of arrest, station adjustments, fingerprints, | ||||||
| 23 | probation adjustments, the issuance of a notice to appear, | ||||||
| 24 | or any other records maintained by a law enforcement agency | ||||||
| 25 | relating to a minor suspected of committing an offense. | ||||||
| |||||||
| |||||||
| 1 | (1) Whenever any person has attained the age of 18 or | ||||||
| 2 | whenever all juvenile
court proceedings relating to that person | ||||||
| 3 | have been terminated, whichever is
later, the person may | ||||||
| 4 | petition the court to expunge law enforcement records
relating | ||||||
| 5 | to incidents occurring before his or her 18th birthday or his | ||||||
| 6 | or her
juvenile court
records, or both, but only in the | ||||||
| 7 | following circumstances:
| ||||||
| 8 | (a) the minor was arrested and no petition for | ||||||
| 9 | delinquency was filed with
the clerk of the circuit court; | ||||||
| 10 | or
| ||||||
| 11 | (b) the minor was charged with an offense and was found | ||||||
| 12 | not delinquent of
that offense; or
| ||||||
| 13 | (c) the minor was placed under supervision pursuant to | ||||||
| 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 | (2) Any person may petition the court to expunge all law | ||||||
| 20 | enforcement records
relating to any
incidents occurring before | ||||||
| 21 | his or her 18th birthday which did not result in
proceedings in | ||||||
| 22 | criminal court and all juvenile court records with respect to
| ||||||
| 23 | any adjudications except those based upon first degree
murder | ||||||
| 24 | and
sex offenses which would be felonies if committed by an | ||||||
| 25 | adult, if the person
for whom expungement is sought has had no
| ||||||
| 26 | convictions for any crime since his or her 18th birthday and:
| ||||||
| |||||||
| |||||||
| 1 | (a) has attained the age of 21 years; or
| ||||||
| 2 | (b) 5 years have elapsed since all juvenile court | ||||||
| 3 | proceedings relating to
him or her have been terminated or | ||||||
| 4 | his or her commitment to the Department of
Juvenile Justice
| ||||||
| 5 | pursuant to this Act has been terminated;
| ||||||
| 6 | whichever is later of (a) or (b). Nothing in this Section 5-915 | ||||||
| 7 | precludes a minor from obtaining expungement under Section | ||||||
| 8 | 5-622. | ||||||
| 9 | (2.5) If a minor is arrested and no petition for | ||||||
| 10 | delinquency is filed with the clerk of the circuit court as | ||||||
| 11 | provided in paragraph (a) of subsection (1) at the time the | ||||||
| 12 | minor is released from custody, the youth officer, if | ||||||
| 13 | applicable, or other designated person from the arresting | ||||||
| 14 | agency, shall notify verbally and in writing to the minor or | ||||||
| 15 | the minor's parents or guardians that if the State's Attorney | ||||||
| 16 | does not file a petition for delinquency, the minor has a right | ||||||
| 17 | to petition to have his or her arrest record expunged when the | ||||||
| 18 | minor attains the age of 18 or when all juvenile court | ||||||
| 19 | proceedings relating to that minor have been terminated and | ||||||
| 20 | that unless a petition to expunge is filed, the minor shall | ||||||
| 21 | have an arrest record and shall provide the minor and the | ||||||
| 22 | minor's parents or guardians with an expungement information | ||||||
| 23 | packet, including a petition to expunge juvenile records | ||||||
| 24 | obtained from the clerk of the circuit court. | ||||||
| 25 | (2.6) If a minor is charged with an offense and is found | ||||||
| 26 | not delinquent of that offense; or if a minor is placed under | ||||||
| |||||||
| |||||||
| 1 | supervision under Section 5-615, and the order of supervision | ||||||
| 2 | is successfully terminated; or if a minor is adjudicated for an | ||||||
| 3 | offense that would be a Class B misdemeanor, a Class C | ||||||
| 4 | misdemeanor, or a business or petty offense if committed by an | ||||||
| 5 | adult; or if a minor has incidents occurring before his or her | ||||||
| 6 | 18th birthday that have not resulted in proceedings in criminal | ||||||
| 7 | court, or resulted in proceedings in juvenile court, and the | ||||||
| 8 | adjudications were not based upon first degree murder or sex | ||||||
| 9 | offenses that would be felonies if committed by an adult; then | ||||||
| 10 | at the time of sentencing or dismissal of the case, the judge | ||||||
| 11 | shall inform the delinquent minor of his or her right to | ||||||
| 12 | petition for expungement as provided by law, and the clerk of | ||||||
| 13 | the circuit court shall provide an expungement information | ||||||
| 14 | packet to the delinquent minor, written in plain language, | ||||||
| 15 | including a petition for expungement, a sample of a completed | ||||||
| 16 | petition, expungement instructions that shall include | ||||||
| 17 | information informing the minor that (i) once the case is | ||||||
| 18 | expunged, it shall be treated as if it never occurred, (ii) he | ||||||
| 19 | or she may apply to have petition fees waived, (iii) once he or | ||||||
| 20 | she obtains an expungement, he or she may not be required to | ||||||
| 21 | disclose that he or she had a juvenile record, and (iv) he or | ||||||
| 22 | she may file the petition on his or her own or with the | ||||||
| 23 | assistance of an attorney. The failure of the judge to inform | ||||||
| 24 | the delinquent minor of his or her right to petition for | ||||||
| 25 | expungement as provided by law does not create a substantive | ||||||
| 26 | right, nor is that failure grounds for: (i) a reversal of an | ||||||
| |||||||
| |||||||
| 1 | adjudication of delinquency, (ii) a new trial; or (iii) an | ||||||
| 2 | appeal. | ||||||
| 3 | (2.7) For counties with a population over 3,000,000, the | ||||||
| 4 | clerk of the circuit court shall send a "Notification of a | ||||||
| 5 | Possible Right to Expungement" post card to the minor at the | ||||||
| 6 | address last received by the clerk of the circuit court on the | ||||||
| 7 | date that the minor attains the age of 18 based on the | ||||||
| 8 | birthdate provided to the court by the minor or his or her | ||||||
| 9 | guardian in cases under paragraphs (b), (c), and (d) of | ||||||
| 10 | subsection (1); and when the minor attains the age of 21 based | ||||||
| 11 | on the birthdate provided to the court by the minor or his or | ||||||
| 12 | her guardian in cases under subsection (2). | ||||||
| 13 | (2.8) The petition for expungement for subsection (1) shall | ||||||
| 14 | be substantially in the following form: | ||||||
| 15 | IN THE CIRCUIT COURT OF ......, ILLINOIS
| ||||||
| 16 | ........ JUDICIAL CIRCUIT
| ||||||
| 17 | IN THE INTEREST OF ) NO.
| ||||||
| 18 | )
| ||||||
| 19 | )
| ||||||
| 20 | ...................)
| ||||||
| 21 | (Name of Petitioner)
| ||||||
| 22 | PETITION TO EXPUNGE JUVENILE RECORDS | ||||||
| 23 | (705 ILCS 405/5-915 (SUBSECTION 1)) | ||||||
| 24 | (Please prepare a separate petition for each offense) | ||||||
| |||||||
| |||||||
| 1 | Now comes ............., petitioner, and respectfully requests
| ||||||
| 2 | that this Honorable Court enter an order expunging all juvenile | ||||||
| 3 | law enforcement and court records of petitioner and in support | ||||||
| 4 | thereof states that:
Petitioner has attained the age of 18, | ||||||
| 5 | his/her birth date being ......, or all
Juvenile Court | ||||||
| 6 | proceedings terminated as of ......, whichever occurred later.
| ||||||
| 7 | Petitioner was arrested on ..... by the ....... Police | ||||||
| 8 | Department for the offense of ......., and:
| ||||||
| 9 | (Check One:)
| ||||||
| 10 | ( ) a. no petition was filed with the Clerk of the Circuit | ||||||
| 11 | Court. | ||||||
| 12 | ( ) b. was charged with ...... and was found not delinquent
of | ||||||
| 13 | the offense. | ||||||
| 14 | ( ) c. a petition was filed and the petition was dismissed | ||||||
| 15 | without a finding of delinquency on ..... | ||||||
| 16 | ( ) d. on ....... placed under supervision pursuant to Section | ||||||
| 17 | 5-615 of the Juvenile Court Act of 1987 and such order of | ||||||
| 18 | supervision successfully terminated on ........ | ||||||
| 19 | ( ) e. was adjudicated for the offense, which would have been a | ||||||
| 20 | Class B misdemeanor, a Class C misdemeanor, or a petty offense | ||||||
| 21 | or business offense if committed by an adult.
| ||||||
| 22 | Petitioner .... has .... has not been arrested on charges in | ||||||
| 23 | this or any county other than the charges listed above. If | ||||||
| 24 | petitioner has been arrested on additional charges, please list | ||||||
| 25 | the charges below:
| ||||||
| 26 | Charge(s): ...... | ||||||
| |||||||
| |||||||
| 1 | Arresting Agency or Agencies: ........... | ||||||
| 2 | Disposition/Result: (choose from a. through e., above): .....
| ||||||
| 3 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
| 4 | Court to (1) order all law enforcement agencies to expunge all | ||||||
| 5 | records of petitioner to this incident, and (2) to order the | ||||||
| 6 | Clerk of the Court to expunge all records concerning the | ||||||
| 7 | petitioner regarding this incident.
| ||||||
| 8 | ......................
| ||||||
| 9 | Petitioner (Signature)
| ||||||
| 10 | ..........................
| ||||||
| 11 | Petitioner's Street Address | ||||||
| 12 | .....................
| ||||||
| 13 | City, State, Zip Code | ||||||
| 14 | ............................. | ||||||
| 15 | Petitioner's Telephone Number | ||||||
| 16 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
| 17 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
| 18 | statements in this petition are true and correct, or on | ||||||
| 19 | information and belief I believe the same to be true.
| ||||||
| 20 | ...................... | ||||||
| |||||||
| |||||||
| 1 | Petitioner (Signature)
| ||||||
| 2 | The Petition for Expungement for subsection (2) shall be | ||||||
| 3 | substantially in the following form:
| ||||||
| 4 | IN THE CIRCUIT COURT OF ........, ILLINOIS | ||||||
| 5 | ........ JUDICIAL CIRCUIT | ||||||
| 6 | IN THE INTEREST OF ) NO.
| ||||||
| 7 | )
| ||||||
| 8 | )
| ||||||
| 9 | ...................)
| ||||||
| 10 | (Name of Petitioner)
| ||||||
| 11 | PETITION TO EXPUNGE JUVENILE RECORDS
| ||||||
| 12 | (705 ILCS 405/5-915 (SUBSECTION 2))
| ||||||
| 13 | (Please prepare a separate petition for each offense)
| ||||||
| 14 | Now comes ............, petitioner, and respectfully requests | ||||||
| 15 | that this Honorable Court enter an order expunging all Juvenile | ||||||
| 16 | Law Enforcement and Court records of petitioner and in support | ||||||
| 17 | thereof states that: | ||||||
| 18 | The incident for which the Petitioner seeks expungement | ||||||
| 19 | occurred before the Petitioner's 18th birthday and did not | ||||||
| 20 | result in proceedings in criminal court and the Petitioner has | ||||||
| 21 | not had any convictions for any crime since his/her 18th | ||||||
| 22 | birthday; and
| ||||||
| 23 | The incident for which the Petitioner seeks expungement | ||||||
| |||||||
| |||||||
| 1 | occurred before the Petitioner's 18th birthday and the | ||||||
| 2 | adjudication was not based upon first-degree murder or sex | ||||||
| 3 | offenses which would be felonies if committed by an adult, and | ||||||
| 4 | the Petitioner has not had any convictions for any crime since | ||||||
| 5 | his/her 18th birthday. | ||||||
| 6 | Petitioner was arrested on ...... by the ....... Police | ||||||
| 7 | Department for the offense of ........, and: | ||||||
| 8 | (Check whichever one occurred the latest:) | ||||||
| 9 | ( ) a. The Petitioner has attained the age of 21 years, his/her | ||||||
| 10 | birthday being .......; or | ||||||
| 11 | ( ) b. 5 years have elapsed since all juvenile court | ||||||
| 12 | proceedings relating to the Petitioner have been terminated; or | ||||||
| 13 | the Petitioner's commitment to the Department of Juvenile | ||||||
| 14 | Justice
pursuant to the expungement of juvenile law enforcement | ||||||
| 15 | and court records provisions of the Juvenile Court Act of 1987 | ||||||
| 16 | has been terminated.
Petitioner ...has ...has not been arrested | ||||||
| 17 | on charges in this or any other county other than the charge | ||||||
| 18 | listed above. If petitioner has been arrested on additional | ||||||
| 19 | charges, please list the charges below: | ||||||
| 20 | Charge(s): .......... | ||||||
| 21 | Arresting Agency or Agencies: ....... | ||||||
| 22 | Disposition/Result: (choose from a or b, above): .......... | ||||||
| 23 | WHEREFORE, the petitioner respectfully requests this Honorable | ||||||
| 24 | Court to (1) order all law enforcement agencies to expunge all | ||||||
| 25 | records of petitioner related to this incident, and (2) to | ||||||
| 26 | order the Clerk of the Court to expunge all records concerning | ||||||
| |||||||
| |||||||
| 1 | the petitioner regarding this incident.
| ||||||
| 2 | .......................
| ||||||
| 3 | Petitioner (Signature) | ||||||
| 4 | ...................... | ||||||
| 5 | Petitioner's Street Address
| ||||||
| 6 | ..................... | ||||||
| 7 | City, State, Zip Code | ||||||
| 8 | ............................. | ||||||
| 9 | Petitioner's Telephone Number
| ||||||
| 10 | Pursuant to the penalties of perjury under the Code of Civil | ||||||
| 11 | Procedure, 735 ILCS 5/1-109, I hereby certify that the | ||||||
| 12 | statements in this petition are true and correct, or on | ||||||
| 13 | information and belief I believe the same to be true. | ||||||
| 14 | ...................... | ||||||
| 15 | Petitioner (Signature)
| ||||||
| 16 | (3) The chief judge of the circuit in which an arrest was | ||||||
| 17 | made or a charge
was brought or any
judge of that circuit | ||||||
| 18 | designated by the chief judge
may, upon verified petition
of a | ||||||
| 19 | person who is the subject of an arrest or a juvenile court | ||||||
| 20 | proceeding
under subsection (1) or (2) of this Section, order | ||||||
| 21 | the law enforcement
records or official court file, or both, to | ||||||
| 22 | be expunged from the official
records of the arresting | ||||||
| |||||||
| |||||||
| 1 | authority, the clerk of the circuit court and the
Department of | ||||||
| 2 | State Police. The person whose records are to be expunged shall | ||||||
| 3 | petition the court using the appropriate form containing his or | ||||||
| 4 | her current address and shall promptly notify the clerk of the | ||||||
| 5 | circuit court of any change of address. Notice
of the petition | ||||||
| 6 | shall be served upon the State's Attorney or prosecutor charged | ||||||
| 7 | with the duty of prosecuting the offense, the Department of | ||||||
| 8 | State Police, and the arresting agency or agencies by the clerk | ||||||
| 9 | of the circuit court. If an objection is filed within 45
days | ||||||
| 10 | of the notice of the petition, the clerk of the circuit court | ||||||
| 11 | shall set a date for hearing after the 45
day objection period. | ||||||
| 12 | At the hearing the court shall hear evidence on whether the | ||||||
| 13 | expungement should or should not be granted. Unless the State's | ||||||
| 14 | Attorney or prosecutor, the Department of State Police, or an | ||||||
| 15 | arresting agency objects to the expungement within 45
days of | ||||||
| 16 | the notice, the court may enter an order granting expungement. | ||||||
| 17 | The person whose records are to be expunged shall pay the clerk | ||||||
| 18 | of the circuit court a fee equivalent to the cost associated | ||||||
| 19 | with expungement of records by the clerk and the Department of | ||||||
| 20 | State Police. The clerk shall forward a certified copy of the | ||||||
| 21 | order to the Department of State Police, the appropriate | ||||||
| 22 | portion of the fee to the Department of State Police for | ||||||
| 23 | processing, and deliver a certified copy of the order to the | ||||||
| 24 | arresting agency.
| ||||||
| 25 | (3.1) The Notice of Expungement shall be in substantially | ||||||
| 26 | the following form: | ||||||
| |||||||
| |||||||
| 1 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| 2 | .... JUDICIAL CIRCUIT
| ||||||
| 3 | IN THE INTEREST OF ) NO.
| ||||||
| 4 | )
| ||||||
| 5 | )
| ||||||
| 6 | ...................)
| ||||||
| 7 | (Name of Petitioner)
| ||||||
| 8 | NOTICE
| ||||||
| 9 | TO: State's Attorney
| ||||||
| 10 | TO: Arresting Agency
| ||||||
| 11 |
| ||||||
| 12 | ................
| ||||||
| 13 | ................
| ||||||
| 14 |
| ||||||
| 15 | ................
| ||||||
| 16 | ................
| ||||||
| 17 | TO: Illinois State Police
| ||||||
| 18 |
| ||||||
| 19 | .....................
| ||||||
| 20 |
| ||||||
| 21 | .....................
| ||||||
| 22 | ATTENTION: Expungement
| ||||||
| 23 | You are hereby notified that on ....., at ....., in courtroom | ||||||
| 24 | ..., located at ..., before the Honorable ..., Judge, or any | ||||||
| |||||||
| |||||||
| 1 | judge sitting in his/her stead, I shall then and there present | ||||||
| 2 | a Petition to Expunge Juvenile records in the above-entitled | ||||||
| 3 | matter, at which time and place you may appear. | ||||||
| 4 | ...................... | ||||||
| 5 | Petitioner's Signature | ||||||
| 6 | ...........................
| ||||||
| 7 | Petitioner's Street Address | ||||||
| 8 | .....................
| ||||||
| 9 | City, State, Zip Code | ||||||
| 10 | ............................. | ||||||
| 11 | Petitioner's Telephone Number | ||||||
| 12 | PROOF OF SERVICE
| ||||||
| 13 | On the ....... day of ......, 20..., I on oath state that I | ||||||
| 14 | served this notice and true and correct copies of the | ||||||
| 15 | above-checked documents by: | ||||||
| 16 | (Check One:) | ||||||
| 17 | delivering copies personally to each entity to whom they are | ||||||
| 18 | directed; | ||||||
| 19 | or | ||||||
| 20 | by mailing copies to each entity to whom they are directed by | ||||||
| 21 | depositing the same in the U.S. Mail, proper postage fully | ||||||
| 22 | prepaid, before the hour of 5:00 p.m., at the United States | ||||||
| 23 | Postal Depository located at ................. | ||||||
| 24 | .........................................
| ||||||
| 25 |
| ||||||
| 26 | Signature | ||||||
| |||||||
| |||||||
| 1 | Clerk of the Circuit Court or Deputy Clerk | ||||||
| 2 | Printed Name of Delinquent Minor/Petitioner: .... | ||||||
| 3 | Address: ........................................ | ||||||
| 4 | Telephone Number: ............................... | ||||||
| 5 | (3.2) The Order of Expungement shall be in substantially | ||||||
| 6 | the following form: | ||||||
| 7 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| 8 | .... JUDICIAL CIRCUIT
| ||||||
| 9 | IN THE INTEREST OF ) NO.
| ||||||
| 10 | )
| ||||||
| 11 | )
| ||||||
| 12 | ...................)
| ||||||
| 13 | (Name of Petitioner)
| ||||||
| 14 | DOB ................ | ||||||
| 15 | Arresting Agency/Agencies ...... | ||||||
| 16 | ORDER OF EXPUNGEMENT
| ||||||
| 17 | (705 ILCS 405/5-915 (SUBSECTION 3))
| ||||||
| 18 | This matter having been heard on the petitioner's motion and | ||||||
| 19 | the court being fully advised in the premises does find that | ||||||
| 20 | the petitioner is indigent or has presented reasonable cause to | ||||||
| 21 | waive all costs in this matter, IT IS HEREBY ORDERED that: | ||||||
| 22 | ( ) 1. Clerk of Court and Department of State Police costs | ||||||
| 23 | are hereby waived in this matter. | ||||||
| 24 | ( ) 2. The Illinois State Police Bureau of Identification | ||||||
| |||||||
| |||||||
| 1 | and the following law enforcement agencies expunge all records | ||||||
| 2 | of petitioner relating to an arrest dated ...... for the | ||||||
| 3 | offense of ...... | ||||||
| 4 | Law Enforcement Agencies:
| ||||||
| 5 | .........................
| ||||||
| 6 | .........................
| ||||||
| 7 | ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit | ||||||
| 8 | Court expunge all records regarding the above-captioned case. | ||||||
| 9 | ENTER: ......................
| ||||||
| 10 |
| ||||||
| 11 | JUDGE | ||||||
| 12 | DATED: ....... | ||||||
| 13 | Name:
| ||||||
| 14 | Attorney for:
| ||||||
| 15 | Address:
City/State/Zip:
| ||||||
| 16 | Attorney Number: | ||||||
| 17 | (3.3) The Notice of Objection shall be in substantially the | ||||||
| 18 | following form: | ||||||
| 19 | IN THE CIRCUIT COURT OF ....., ILLINOIS
| ||||||
| 20 | ....................... JUDICIAL CIRCUIT
| ||||||
| 21 | IN THE INTEREST OF ) NO.
| ||||||
| 22 | )
| ||||||
| 23 | )
| ||||||
| 24 | ...................)
| ||||||
| 25 | (Name of Petitioner)
| ||||||
| |||||||
| |||||||
| 1 | NOTICE OF OBJECTION
| ||||||
| 2 | TO:(Attorney, Public Defender, Minor)
| ||||||
| 3 | .................................
| ||||||
| 4 | .................................
| ||||||
| 5 | TO:(Illinois State Police)
| ||||||
| 6 | .................................
| ||||||
| 7 | ................................. | ||||||
| 8 | TO:(Clerk of the Court)
| ||||||
| 9 | .................................
| ||||||
| 10 | .................................
| ||||||
| 11 | TO:(Judge)
| ||||||
| 12 | .................................
| ||||||
| 13 | .................................
| ||||||
| 14 | TO:(Arresting Agency/Agencies)
| ||||||
| 15 | .................................
| ||||||
| 16 | ................................. | ||||||
| 17 | ATTENTION:
You are hereby notified that an objection has been | ||||||
| 18 | filed by the following entity regarding the above-named minor's | ||||||
| 19 | petition for expungement of juvenile records: | ||||||
| 20 | ( ) State's Attorney's Office;
| ||||||
| 21 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
| 22 | with the duty of prosecuting the offense sought to be expunged;
| ||||||
| 23 | ( ) Department of Illinois State Police; or
| ||||||
| 24 | ( ) Arresting Agency or Agencies.
| ||||||
| 25 | The agency checked above respectfully requests that this case | ||||||
| |||||||
| |||||||
| 1 | be continued and set for hearing on whether the expungement | ||||||
| 2 | should or should not be granted.
| ||||||
| 3 | DATED: ....... | ||||||
| 4 | Name: | ||||||
| 5 | Attorney For:
| ||||||
| 6 | Address: | ||||||
| 7 | City/State/Zip:
| ||||||
| 8 | Telephone:
| ||||||
| 9 | Attorney No.:
| ||||||
| 10 | FOR USE BY CLERK OF THE COURT PERSONNEL ONLY
| ||||||
| 11 | This matter has been set for hearing on the foregoing | ||||||
| 12 | objection, on ...... in room ...., located at ....., before the | ||||||
| 13 | Honorable ....., Judge, or any judge sitting in his/her stead.
| ||||||
| 14 | (Only one hearing shall be set, regardless of the number of | ||||||
| 15 | Notices of Objection received on the same case).
| ||||||
| 16 | A copy of this completed Notice of Objection containing the | ||||||
| 17 | court date, time, and location, has been sent via regular U.S. | ||||||
| 18 | Mail to the following entities. (If more than one Notice of | ||||||
| 19 | Objection is received on the same case, each one must be | ||||||
| 20 | completed with the court date, time and location and mailed to | ||||||
| 21 | the following entities):
| ||||||
| 22 | ( ) Attorney, Public Defender or Minor;
| ||||||
| 23 | ( ) State's Attorney's Office; | ||||||
| 24 | ( ) Prosecutor (other than State's Attorney's Office) charged | ||||||
| 25 | with the duty of prosecuting the offense sought to be expunged; | ||||||
| 26 | ( ) Department of Illinois State Police; and | ||||||
| |||||||
| |||||||
| 1 | ( ) Arresting agency or agencies.
| ||||||
| 2 | Date: ...... | ||||||
| 3 | Initials of Clerk completing this section: .....
| ||||||
| 4 | (4) Upon entry of an order expunging records or files, the | ||||||
| 5 | offense, which
the records or files concern shall be treated as | ||||||
| 6 | if it never occurred. Law
enforcement officers and other public | ||||||
| 7 | offices and agencies shall properly reply
on inquiry that no | ||||||
| 8 | record or file exists with respect to the
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 prohibit | ||||||
| 13 | the maintenance
of information relating to an offense after | ||||||
| 14 | records or files concerning the
offense have been expunged if | ||||||
| 15 | the information is kept in a manner that does not
enable | ||||||
| 16 | identification of the offender. This information may only be | ||||||
| 17 | used for
statistical and bona fide research purposes. | ||||||
| 18 | (7)(a) The State Appellate Defender shall establish, | ||||||
| 19 | maintain, and carry out, by December 31, 2004, a juvenile | ||||||
| 20 | expungement program
to provide information and assistance to | ||||||
| 21 | minors eligible to have their juvenile records expunged.
| ||||||
| 22 | (b) The State Appellate Defender shall develop brochures, | ||||||
| 23 | pamphlets, and
other
materials in
printed form and through the | ||||||
| 24 | agency's World Wide Web site. The pamphlets and
other materials | ||||||
| 25 | shall
include at a minimum the following information:
| ||||||
| 26 | (i) An explanation of the State's juvenile expungement | ||||||
| |||||||
| |||||||
| 1 | process; | ||||||
| 2 | (ii) The circumstances under which juvenile | ||||||
| 3 | expungement may occur; | ||||||
| 4 | (iii) The juvenile offenses that may be expunged; | ||||||
| 5 | (iv) The steps necessary to initiate and complete the | ||||||
| 6 | juvenile expungement process;
and | ||||||
| 7 | (v) Directions on how to contact the State Appellate | ||||||
| 8 | Defender. | ||||||
| 9 | (c) The State Appellate Defender shall establish and | ||||||
| 10 | maintain a statewide
toll-free telephone
number that a person | ||||||
| 11 | may use to receive information or assistance concerning
the | ||||||
| 12 | expungement of juvenile records. The State Appellate
Defender | ||||||
| 13 | shall advertise
the toll-free telephone number statewide. The | ||||||
| 14 | State Appellate Defender shall
develop an expungement
| ||||||
| 15 | information packet that may be sent to eligible persons seeking | ||||||
| 16 | expungement of
their juvenile records,
which may include, but | ||||||
| 17 | is not limited to, a pre-printed expungement petition
with | ||||||
| 18 | instructions on how
to complete the petition and a pamphlet | ||||||
| 19 | containing information that would
assist individuals through
| ||||||
| 20 | the juvenile expungement process. | ||||||
| 21 | (d) The State Appellate Defender shall compile a statewide | ||||||
| 22 | list of volunteer
attorneys willing
to assist eligible | ||||||
| 23 | individuals through the juvenile expungement process. | ||||||
| 24 | (e) This Section shall be implemented from funds | ||||||
| 25 | appropriated by the General
Assembly to the State
Appellate | ||||||
| 26 | Defender
for this purpose. The State Appellate Defender shall | ||||||
| |||||||
| |||||||
| 1 | employ the necessary staff
and adopt the
necessary rules for | ||||||
| 2 | implementation of this Section. | ||||||
| 3 | (8)(a) Except with respect to law enforcement agencies, the | ||||||
| 4 | Department of Corrections, State's Attorneys, or other | ||||||
| 5 | prosecutors, an expunged juvenile record may not be considered | ||||||
| 6 | by any private or public entity in employment matters, | ||||||
| 7 | certification, licensing, revocation of certification or | ||||||
| 8 | licensure, or registration. Applications for employment must | ||||||
| 9 | contain specific language that states that the applicant is not | ||||||
| 10 | obligated to disclose expunged juvenile records of conviction | ||||||
| 11 | or arrest. Employers may not ask if an applicant has had a | ||||||
| 12 | juvenile record expunged. Effective January 1, 2005, the | ||||||
| 13 | Department of Labor shall develop a link on the Department's | ||||||
| 14 | website to inform employers that employers may not ask if an | ||||||
| 15 | applicant had a juvenile record expunged and that application | ||||||
| 16 | for employment must contain specific language that states that | ||||||
| 17 | the applicant is not obligated to disclose expunged juvenile | ||||||
| 18 | records of arrest or conviction. | ||||||
| 19 | (b) A person whose juvenile records have been expunged is | ||||||
| 20 | not entitled to remission of any fines, costs, or other money | ||||||
| 21 | paid as a consequence of expungement. This amendatory Act of | ||||||
| 22 | the 93rd General Assembly does not affect the right of the | ||||||
| 23 | victim of a crime to prosecute or defend a civil action for | ||||||
| 24 | damages.
| ||||||
| 25 | (c) The expungement of juvenile records under Section 5-622 | ||||||
| 26 | shall be funded by the additional fine imposed under Section | ||||||
| |||||||
| |||||||
| 1 | 5-9-1.17 of the Unified Code of Corrections and additional | ||||||
| 2 | appropriations made by the General Assembly for such purpose. | ||||||
| 3 | (9) The changes made to Public Act 98-61 this Section by | ||||||
| 4 | this amendatory Act of the 98th General Assembly apply to law | ||||||
| 5 | enforcement records of a minor who has been arrested or taken | ||||||
| 6 | into custody on or after January 1, 2014 (the effective date of | ||||||
| 7 | Public Act 98-61) this amendatory Act. | ||||||
| 8 | (Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)
| ||||||