Bill Text: IL HB1126 | 2009-2010 | 96th General Assembly | Engrossed

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Bill Title: Amends the Criminal Identification Act. Provides that all policing bodies of this State shall furnish to the Department of State Police, daily, in the form and detail the Department requires, fingerprints and descriptions of minors who are the subject of a petition for adjudication of delinquency under the Juvenile Court Act of 1987 (rather than minors arrested for Class A or B misdemeanors). Amends the Juvenile Court Act of 1987. Provides that whenever a minor has attained the age of 17, any local law enforcement agency maintaining law enforcement records pertaining to that minor shall automatically expunge those records only if (1) the minor has been arrested but no petitions for delinquency have ever been filed with the clerk of the circuit court and no criminal proceedings have been instituted, and (2) the minor has not been arrested within the year prior to his or her 17th birthday. Makes other changes.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Introduced - Dead) 2009-04-01 - Third Reading - Short Debate - Lost 041-066-010 [HB1126 Detail]

Download: Illinois-2009-HB1126-Engrossed.html

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AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Criminal Identification Act is amended by
changing Section 5 as follows:
(20 ILCS 2630/5) (from Ch. 38, par. 206-5)
Sec. 5. Arrest reports; expungement.
(a) All policing bodies of this State shall furnish to the
Department, daily, in the form and detail the Department
requires, fingerprints and descriptions of all persons who are
arrested on charges of violating any penal statute of this
State for offenses that are classified as felonies and Class A
or B misdemeanors and of all minors of the age of 10 and over
who have been arrested for an offense which would be a felony
if committed by an adult and who are the subject of a petition
for adjudication of delinquency under Article V of the Juvenile
Court Act of 1987 , and may forward such fingerprints and
descriptions for minors arrested for Class A or B misdemeanors.
Moving or nonmoving traffic violations under the Illinois
Vehicle Code shall not be reported except for violations of
Chapter 4, Section 11-204.1, or Section 11-501 of that Code. In
addition, conservation offenses, as defined in the Supreme
Court Rule 501(c), that are classified as Class B misdemeanors

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shall not be reported.
Whenever an adult or minor prosecuted as an adult, not
having previously been convicted of any criminal offense or
municipal ordinance violation, charged with a violation of a
municipal ordinance or a felony or misdemeanor, is acquitted or
released without being convicted, whether the acquittal or
release occurred before, on, or after the effective date of
this amendatory Act of 1991, the Chief Judge of the circuit
wherein the charge was brought, any judge of that circuit
designated by the Chief Judge, or in counties of less than
3,000,000 inhabitants, the presiding trial judge at the
defendant's trial may upon verified petition of the defendant
order the record of arrest expunged from the official records
of the arresting authority and the Department and order that
the records of the clerk of the circuit court be sealed until
further order of the court upon good cause shown and the name
of the defendant obliterated on the official index required to
be kept by the circuit court clerk under Section 16 of the
Clerks of Courts Act, but the order shall not affect any index
issued by the circuit court clerk before the entry of the
order. The Department may charge the petitioner a fee
equivalent to the cost of processing any order to expunge or
seal the records, and the fee shall be deposited into the State
Police Services Fund. The records of those arrests, however,
that result in a disposition of supervision for any offense
shall not be expunged from the records of the arresting

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authority or the Department nor impounded by the court until 2
years after discharge and dismissal of supervision. Those
records that result from a supervision for a violation of
Section 3-707, 3-708, 3-710, 5-401.3, or 11-503 of the Illinois
Vehicle Code or a similar provision of a local ordinance, or
for a violation of Section 12-3.2, 12-15 or 16A-3 of the
Criminal Code of 1961, or probation under Section 10 of the
Cannabis Control Act, Section 410 of the Illinois Controlled
Substances Act, Section 70 of the Methamphetamine Control and
Community Protection Act, Section 12-4.3(b)(1) and (2) of the
Criminal Code of 1961 (as those provisions existed before their
deletion by Public Act 89-313), Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act when the judgment of
conviction has been vacated, Section 40-10 of the Alcoholism
and Other Drug Abuse and Dependency Act when the judgment of
conviction has been vacated, or Section 10 of the Steroid
Control Act shall not be expunged from the records of the
arresting authority nor impounded by the court until 5 years
after termination of probation or supervision. Those records
that result from a supervision for a violation of Section
11-501 of the Illinois Vehicle Code or a similar provision of a
local ordinance, shall not be expunged. All records set out
above may be ordered by the court to be expunged from the
records of the arresting authority and impounded by the court
after 5 years, but shall not be expunged by the Department, but
shall, on court order be sealed by the Department and may be

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disseminated by the Department only as required by law or to
the arresting authority, the State's Attorney, and the court
upon a later arrest for the same or a similar offense or for
the purpose of sentencing for any subsequent felony. Upon
conviction for any offense, the Department of Corrections shall
have access to all sealed records of the Department pertaining
to that individual.
(a-5) Those records maintained by the Department for
persons arrested prior to their 17th birthday shall be expunged
as provided in Section 5-915 of the Juvenile Court Act of 1987.
(b) Whenever a person has been convicted of a crime or of
the violation of a municipal ordinance, in the name of a person
whose identity he has stolen or otherwise come into possession
of, the aggrieved person from whom the identity was stolen or
otherwise obtained without authorization, upon learning of the
person having been arrested using his identity, may, upon
verified petition to the chief judge of the circuit wherein the
arrest was made, have a court order entered nunc pro tunc by
the chief judge to correct the arrest record, conviction
record, if any, and all official records of the arresting
authority, the Department, other criminal justice agencies,
the prosecutor, and the trial court concerning such arrest, if
any, by removing his name from all such records in connection
with the arrest and conviction, if any, and by inserting in the
records the name of the offender, if known or ascertainable, in
lieu of the aggrieved's name. The records of the clerk of the

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circuit court clerk shall be sealed until further order of the
court upon good cause shown and the name of the aggrieved
person obliterated on the official index required to be kept by
the circuit court clerk under Section 16 of the Clerks of
Courts Act, but the order shall not affect any index issued by
the circuit court clerk before the entry of the order. Nothing
in this Section shall limit the Department of State Police or
other criminal justice agencies or prosecutors from listing
under an offender's name the false names he or she has used.
For purposes of this Section, convictions for moving and
nonmoving traffic violations other than convictions for
violations of Chapter 4, Section 11-204.1 or Section 11-501 of
the Illinois Vehicle Code shall not be a bar to expunging the
record of arrest and court records for violation of a
misdemeanor or municipal ordinance.
(c) Whenever a person who has been convicted of an offense
is granted a pardon by the Governor which specifically
authorizes expungement, he may, upon verified petition to the
chief judge of the circuit where the person had been convicted,
any judge of the circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the defendant's trial, may have a court order
entered expunging the record of arrest from the official
records of the arresting authority and order that the records
of the clerk of the circuit court and the Department be sealed
until further order of the court upon good cause shown or as

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otherwise provided herein, and the name of the defendant
obliterated from the official index requested to be kept by the
circuit court clerk under Section 16 of the Clerks of Courts
Act in connection with the arrest and conviction for the
offense for which he had been pardoned but the order shall not
affect any index issued by the circuit court clerk before the
entry of the order. All records sealed by the Department may be
disseminated by the Department only as required by law or to
the arresting authority, the State's Attorney, and the court
upon a later arrest for the same or similar offense or for the
purpose of sentencing for any subsequent felony. Upon
conviction for any subsequent offense, the Department of
Corrections shall have access to all sealed records of the
Department pertaining to that individual. Upon entry of the
order of expungement, the clerk of the circuit court shall
promptly mail a copy of the order to the person who was
pardoned.
(c-5) Whenever a person has been convicted of criminal
sexual assault, aggravated criminal sexual assault, predatory
criminal sexual assault of a child, criminal sexual abuse, or
aggravated criminal sexual abuse, the victim of that offense
may request that the State's Attorney of the county in which
the conviction occurred file a verified petition with the
presiding trial judge at the defendant's trial to have a court
order entered to seal the records of the clerk of the circuit
court in connection with the proceedings of the trial court

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concerning that offense. However, the records of the arresting
authority and the Department of State Police concerning the
offense shall not be sealed. The court, upon good cause shown,
shall make the records of the clerk of the circuit court in
connection with the proceedings of the trial court concerning
the offense available for public inspection.
(c-6) If a conviction has been set aside on direct review
or on collateral attack and the court determines by clear and
convincing evidence that the defendant was factually innocent
of the charge, the court shall enter an expungement order as
provided in subsection (b) of Section 5-5-4 of the Unified Code
of Corrections.
(d) Notice of the petition for subsections (a), (b), and
(c) shall be served by the clerk upon the State's Attorney or
prosecutor charged with the duty of prosecuting the offense,
the Department of State Police, the arresting agency and the
chief legal officer of the unit of local government affecting
the arrest. Unless the State's Attorney or prosecutor, the
Department of State Police, the arresting agency or such chief
legal officer objects to the petition within 30 days from the
date of the notice, the court shall enter an order granting or
denying the petition. The clerk of the court shall promptly
mail a copy of the order to the person, the arresting agency,
the prosecutor, the Department of State Police and such other
criminal justice agencies as may be ordered by the judge.
(e) Nothing herein shall prevent the Department of State

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Police from maintaining all records of any person who is
admitted to probation upon terms and conditions and who
fulfills those terms and conditions pursuant to Section 10 of
the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, Section 70 of the Methamphetamine
Control and Community Protection Act, Section 12-4.3 of the
Criminal Code of 1961, Section 10-102 of the Illinois
Alcoholism and Other Drug Dependency Act, Section 40-10 of the
Alcoholism and Other Drug Abuse and Dependency Act, or Section
10 of the Steroid Control Act.
(f) No court order issued under the expungement provisions
of this Section shall become final for purposes of appeal until
30 days after notice is received by the Department. Any court
order contrary to the provisions of this Section is void.
(g) Except as otherwise provided in subsection (c-5) of
this Section, the court shall not order the sealing or
expungement of the arrest records and records of the circuit
court clerk of any person granted supervision for or convicted
of any sexual offense committed against a minor under 18 years
of age. For the purposes of this Section, "sexual offense
committed against a minor" includes but is not limited to the
offenses of indecent solicitation of a child or criminal sexual
abuse when the victim of such offense is under 18 years of age.
(h) (1) Applicability. Notwithstanding any other provision
of this Act to the contrary and cumulative with any rights to
expungement of criminal records, this subsection authorizes

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the sealing of criminal records of adults and of minors
prosecuted as adults.
(2) Sealable offenses. The following offenses may be
sealed:
(A) All municipal ordinance violations and
misdemeanors, with the exception of the following:
(i) violations of Section 11-501 of the Illinois
Vehicle Code or a similar provision of a local
ordinance;
(ii) violations of Article 11 of the Criminal Code
of 1961 or a similar provision of a local ordinance,
except Section 11-14 of the Criminal Code of 1961 as
provided in clause B(i) of this subsection (h);
(iii) violations of Section 12-15, 12-30, or 26-5
of the Criminal Code of 1961 or a similar provision of
a local ordinance;
(iv) violations that are a crime of violence as
defined in Section 2 of the Crime Victims Compensation
Act or a similar provision of a local ordinance;
(v) Class A misdemeanor violations of the Humane
Care for Animals Act; and
(vi) any offense or attempted offense that would
subject a person to registration under the Sex Offender
Registration Act.
(B) Misdemeanor and Class 4 felony violations of:
(i) Section 11-14 of the Criminal Code of 1961;

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(ii) Section 4 of the Cannabis Control Act;
(iii) Section 402 of the Illinois Controlled
Substances Act; and
(iv) Section 60 of the Methamphetamine Control and
Community Protection Act.
However, for purposes of this subsection (h), a
sentence of first offender probation under Section 10 of
the Cannabis Control Act, Section 410 of the Illinois
Controlled Substances Act, or Section 70 of the
Methamphetamine Control and Community Protection Act shall
be treated as a Class 4 felony conviction.
(3) Requirements for sealing. Records identified as
sealable under clause (h) (2) may be sealed when the individual
was:
(A) Acquitted of the offense or offenses or released
without being convicted.
(B) Convicted of the offense or offenses and the
conviction or convictions were reversed.
(C) Placed on misdemeanor supervision for an offense or
offenses; and
(i) at least 3 years have elapsed since the
completion of the term of supervision, or terms of
supervision, if more than one term has been ordered;
and
(ii) the individual has not been convicted of a
felony or misdemeanor or placed on supervision for a

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misdemeanor or felony during the period specified in
clause (i).
(D) Convicted of an offense or offenses; and
(i) at least 4 years have elapsed since the last
such conviction or term of any sentence, probation,
parole, or supervision, if any, whichever is last in
time; and
(ii) the individual has not been convicted of a
felony or misdemeanor or placed on supervision for a
misdemeanor or felony during the period specified in
clause (i).
(4) Requirements for sealing of records when more than one
charge and disposition have been filed. When multiple offenses
are petitioned to be sealed under this subsection (h), the
requirements of the relevant provisions of clauses (h)(3)(A)
through (D) each apply. In instances in which more than one
waiting period is applicable under clauses (h)(C)(i) and (ii)
and (h)(D)(i) and (ii), the longer applicable period applies,
and the requirements of clause (h) (3) shall be considered met
when the petition is filed after the passage of the longer
applicable waiting period. That period commences on the date of
the completion of the last sentence or the end of supervision,
probation, or parole, whichever is last in time.
(5) Subsequent convictions. A person may not have
subsequent felony conviction records sealed as provided in this
subsection (h) if he or she is convicted of any felony offense

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after the date of the sealing of prior felony records as
provided in this subsection (h).
(6) Notice of eligibility for sealing. Upon acquittal,
release without conviction, or being placed on supervision for
a sealable offense, or upon conviction of a sealable offense,
the person shall be informed by the court of the right to have
the records sealed and the procedures for the sealing of the
records.
(7) Procedure. Upon becoming eligible for the sealing of
records under this subsection (h), the person who seeks the
sealing of his or her records shall file a petition requesting
the sealing of records with the clerk of the court where the
charge or charges were brought. The records may be sealed by
the Chief Judge of the circuit wherein the charge was brought,
any judge of that circuit designated by the Chief Judge, or in
counties of less than 3,000,000 inhabitants, the presiding
trial judge at the defendant's trial, if any. If charges were
brought in multiple jurisdictions, a petition must be filed in
each such jurisdiction. The petitioner shall pay the applicable
fee, if not waived.
(A) Contents of petition. The petition shall contain
the petitioner's name, date of birth, current address, each
charge, each case number, the date of each charge, the
identity of the arresting authority, and such other
information as the court may require. During the pendency
of the proceeding, the petitioner shall promptly notify the

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clerk of the court of any change of address.
(B) Drug test. A person filing a petition to have his
or her records sealed for a Class 4 felony violation of
Section 4 of the Cannabis Control Act or for a Class 4
felony violation of Section 402 of the Illinois Controlled
Substances Act must attach to the petition proof that the
petitioner has passed a test taken within the previous 30
days before the filing of the petition showing the absence
within his or her body of all illegal substances in
violation of either the Illinois Controlled Substances Act
or the Cannabis Control Act.
(C) Service of petition. The clerk shall promptly serve
a copy of the petition on the State's Attorney or
prosecutor charged with the duty of prosecuting the
offense, the Department of State Police, the arresting
agency and the chief legal officer of the unit of local
government effecting the arrest.
(D) Entry of order. Unless the State's Attorney or
prosecutor, the Department of State Police, the arresting
agency or such chief legal officer objects to sealing of
the records within 90 days of notice the court shall enter
an order sealing the defendant's records.
(E) Hearing upon objection. If an objection is filed,
the court shall set a date for a hearing and notify the
petitioner and the parties on whom the petition had been
served, and shall hear evidence on whether the sealing of

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the records should or should not be granted, and shall make
a determination on whether to issue an order to seal the
records based on the evidence presented at the hearing.
(F) Service of order. After entering the order to seal
records, the court must provide copies of the order to the
Department, in a form and manner prescribed by the
Department, to the petitioner, to the State's Attorney or
prosecutor charged with the duty of prosecuting the
offense, to the arresting agency, to the chief legal
officer of the unit of local government effecting the
arrest, and to such other criminal justice agencies as may
be ordered by the court.
(8) Fees. Notwithstanding any provision of the Clerk of the
Courts Act to the contrary, and subject to the approval of the
county board, the clerk may charge a fee equivalent to the cost
associated with the sealing of records by the clerk and the
Department of State Police. The clerk shall forward the
Department of State Police portion of the fee to the Department
and it shall be deposited into the State Police Services Fund.
(i) Subject to available funding, the Illinois Department
of Corrections shall conduct a study of the impact of sealing,
especially on employment and recidivism rates, utilizing a
random sample of those who apply for the sealing of their
criminal records under Public Act 93-211, in accordance to
rules adopted by the Department. At the request of the Illinois
Department of Corrections, records of the Illinois Department

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of Employment Security shall be utilized as appropriate to
assist in the study. The study shall not disclose any data in a
manner that would allow the identification of any particular
individual or employing unit. The study shall be made available
to the General Assembly no later than September 1, 2006.
(j) Notwithstanding any provision of the Clerks of Courts
Act to the contrary, the clerk may charge a fee equivalent to
the cost associated with the sealing or expungement of records
by the clerk. From the total filing fee collected for the
Petition to seal or expunge, the clerk shall deposit $10 into
the Circuit Court Clerk Operation and Administrative Fund, to
be used to offset the costs incurred by the Circuit Court Clerk
in performing the additional duties required to serve the
Petition to Seal or Expunge on all parties. The clerk shall
also charge a filing fee equivalent to the cost of sealing or
expunging the record by the Department of State Police. The
clerk shall collect and forward the Department of State Police
portion of the fee to the Department and it shall be deposited
in the State Police Services Fund.
(Source: P.A. 94-556, eff. 9-11-05; 95-955, eff. 1-1-09;
revised 10-28-08.)
Section 10. The Juvenile Court Act of 1987 is amended by
changing Sections 5-105, 5-301, 5-305, and 5-915 as follows:
(705 ILCS 405/5-105)

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Sec. 5-105. Definitions. As used in this Article:
(1) "Court" means the circuit court in a session or
division assigned to hear proceedings under this Act, and
includes the term Juvenile Court.
(2) "Community service" means uncompensated labor for a
community service agency as hereinafter defined.
(2.5) "Community service agency" means a not-for-profit
organization, community organization, church, charitable
organization, individual, public office, or other public body
whose purpose is to enhance the physical or mental health of a
delinquent minor or to rehabilitate the minor, or to improve
the environmental quality or social welfare of the community
which agrees to accept community service from juvenile
delinquents and to report on the progress of the community
service to the State's Attorney pursuant to an agreement or to
the court or to any agency designated by the court or to the
authorized diversion program that has referred the delinquent
minor for community service.
(3) "Delinquent minor" means any minor who prior to his or
her 17th birthday has violated or attempted to violate,
regardless of where the act occurred, any federal or State law,
county or municipal ordinance.
(4) "Department" means the Department of Human Services
unless specifically referenced as another department.
(5) "Detention" means the temporary care of a minor who is
alleged to be or has been adjudicated delinquent and who

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requires secure custody for the minor's own protection or the
community's protection in a facility designed to physically
restrict the minor's movements, pending disposition by the
court or execution of an order of the court for placement or
commitment. Design features that physically restrict movement
include, but are not limited to, locked rooms and the secure
handcuffing of a minor to a rail or other stationary object. In
addition, "detention" includes the court ordered care of an
alleged or adjudicated delinquent minor who requires secure
custody pursuant to Section 5-125 of this Act.
(6) "Diversion" means the referral of a juvenile, without
court intervention, into a program that provides services
designed to educate the juvenile and develop a productive and
responsible approach to living in the community.
(6.5) "Expungement" means the removal and destruction of
the physical and electronic law enforcement or juvenile court
records by law enforcement officers and other public offices
and agencies.
(7) "Juvenile detention home" means a public facility with
specially trained staff that conforms to the county juvenile
detention standards promulgated by the Department of
Corrections.
(8) "Juvenile justice continuum" means a set of delinquency
prevention programs and services designed for the purpose of
preventing or reducing delinquent acts, including criminal
activity by youth gangs, as well as intervention,

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rehabilitation, and prevention services targeted at minors who
have committed delinquent acts, and minors who have previously
been committed to residential treatment programs for
delinquents. The term includes children-in-need-of-services
and families-in-need-of-services programs; aftercare and
reentry services; substance abuse and mental health programs;
community service programs; community service work programs;
and alternative-dispute resolution programs serving
youth-at-risk of delinquency and their families, whether
offered or delivered by State or local governmental entities,
public or private for-profit or not-for-profit organizations,
or religious or charitable organizations. This term would also
encompass any program or service consistent with the purpose of
those programs and services enumerated in this subsection.
(9) "Juvenile police officer" means a sworn police officer
who has completed a Basic Recruit Training Course, has been
assigned to the position of juvenile police officer by his or
her chief law enforcement officer and has completed the
necessary juvenile officers training as prescribed by the
Illinois Law Enforcement Training Standards Board, or in the
case of a State police officer, juvenile officer training
approved by the Director of State Police.
(10) "Minor" means a person under the age of 21 years
subject to this Act.
(11) "Non-secure custody" means confinement where the
minor is not physically restricted by being placed in a locked

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cell or room, by being handcuffed to a rail or other stationary
object, or by other means. Non-secure custody may include, but
is not limited to, electronic monitoring, foster home
placement, home confinement, group home placement, or physical
restriction of movement or activity solely through facility
staff.
(12) "Public or community service" means uncompensated
labor for a not-for-profit organization or public body whose
purpose is to enhance physical or mental stability of the
offender, environmental quality or the social welfare and which
agrees to accept public or community service from offenders and
to report on the progress of the offender and the public or
community service to the court or to the authorized diversion
program that has referred the offender for public or community
service.
(13) "Sentencing hearing" means a hearing to determine
whether a minor should be adjudged a ward of the court, and to
determine what sentence should be imposed on the minor. It is
the intent of the General Assembly that the term "sentencing
hearing" replace the term "dispositional hearing" and be
synonymous with that definition as it was used in the Juvenile
Court Act of 1987.
(14) "Shelter" means the temporary care of a minor in
physically unrestricting facilities pending court disposition
or execution of court order for placement.
(15) "Site" means a not-for-profit organization, public

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body, church, charitable organization, or individual agreeing
to accept community service from offenders and to report on the
progress of ordered or required public or community service to
the court or to the authorized diversion program that has
referred the offender for public or community service.
(16) "Station adjustment" means the informal or formal
handling of an alleged offender by a juvenile police officer.
(17) "Trial" means a hearing to determine whether the
allegations of a petition under Section 5-520 that a minor is
delinquent are proved beyond a reasonable doubt. It is the
intent of the General Assembly that the term "trial" replace
the term "adjudicatory hearing" and be synonymous with that
definition as it was used in the Juvenile Court Act of 1987.
(Source: P.A. 90-590, eff. 1-1-99; 91-820, eff. 6-13-00.)
(705 ILCS 405/5-301)
Sec. 5-301. Station adjustments. A minor arrested for any
offense or a violation of a condition of previous station
adjustment may receive a station adjustment for that arrest as
provided herein. In deciding whether to impose a station
adjustment, either informal or formal, a juvenile police
officer shall consider the following factors:
(A) The seriousness of the alleged offense.
(B) The prior history of delinquency of the minor.
(C) The age of the minor.
(D) The culpability of the minor in committing the alleged

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offense.
(E) Whether the offense was committed in an aggressive or
premeditated manner.
(F) Whether the minor used or possessed a deadly weapon
when committing the alleged offenses.
(1) Informal station adjustment.
(a) An informal station adjustment is defined as a
procedure when a juvenile police officer determines that
there is probable cause to believe that the minor has
committed an offense.
(b) A minor shall receive no more than 3 informal
station adjustments statewide for a misdemeanor offense
within 3 years without prior approval from the State's
Attorney's Office.
(c) A minor shall receive no more than 3 informal
station adjustments statewide for a felony offense within 3
years without prior approval from the State's Attorney's
Office.
(d) A minor shall receive a combined total of no more
than 5 informal station adjustments statewide during his or
her minority.
(e) The juvenile police officer may make reasonable
conditions of an informal station adjustment which may
include but are not limited to:
(i) Curfew.
(ii) Conditions restricting entry into designated

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geographical areas.
(iii) No contact with specified persons.
(iv) School attendance.
(v) Performing up to 25 hours of community service
work.
(vi) Community mediation.
(vii) Teen court or a peer court.
(viii) Restitution limited to 90 days.
(f) If the minor refuses or fails to abide by the
conditions of an informal station adjustment, the juvenile
police officer may impose a formal station adjustment or
refer the matter to the State's Attorney's Office.
(g) An informal station adjustment does not constitute
an adjudication of delinquency or a criminal conviction.
Beginning January 1, 2000, a record shall be maintained
with the Department of State Police for informal station
adjustments for offenses that would be a felony if
committed by an adult, and may be maintained if the offense
would be a misdemeanor.
(2) Formal station adjustment.
(a) A formal station adjustment is defined as a
procedure when a juvenile police officer determines that
there is probable cause to believe the minor has committed
an offense and an admission by the minor of involvement in
the offense.
(b) The minor and parent, guardian, or legal custodian

HB1126 Engrossed - 23 - LRB096 07475 RLC 17568 b
must agree in writing to the formal station adjustment and
must be advised of the consequences of violation of any
term of the agreement.
(c) The minor and parent, guardian or legal custodian
shall be provided a copy of the signed agreement of the
formal station adjustment. The agreement shall include:
(i) The offense which formed the basis of the
formal station adjustment.
(ii) An acknowledgment that the terms of the formal
station adjustment and the consequences for violation
have been explained.
(iii) An acknowledgment that the formal station
adjustments record may be expunged under Section 5-915
of this Act.
(iv) An acknowledgement that the minor understands
that his or her admission of involvement in the offense
may be admitted into evidence in future court hearings.
(v) A statement that all parties understand the
terms and conditions of formal station adjustment and
agree to the formal station adjustment process.
(d) Conditions of the formal station adjustment may
include, but are not be limited to:
(i) The time shall not exceed 120 days.
(ii) The minor shall not violate any laws.
(iii) The juvenile police officer may require the
minor to comply with additional conditions for the

HB1126 Engrossed - 24 - LRB096 07475 RLC 17568 b
formal station adjustment which may include but are not
limited to:
(a) Attending school.
(b) Abiding by a set curfew.
(c) Payment of restitution.
(d) Refraining from possessing a firearm or
other weapon.
(e) Reporting to a police officer at
designated times and places, including reporting
and verification that the minor is at home at
designated hours.
(f) Performing up to 25 hours of community
service work.
(g) Refraining from entering designated
geographical areas.
(h) Participating in community mediation.
(i) Participating in teen court or peer court.
(j) Refraining from contact with specified
persons.
(e) A formal station adjustment does not constitute an
adjudication of delinquency or a criminal conviction.
Beginning January 1, 2000, a record shall be maintained
with the Department of State Police for formal station
adjustments.
(f) A minor or the minor's parent, guardian, or legal
custodian, or both the minor and the minor's parent,

HB1126 Engrossed - 25 - LRB096 07475 RLC 17568 b
guardian, or legal custodian, may refuse a formal station
adjustment and have the matter referred for court action or
other appropriate action.
(g) A minor or the minor's parent, guardian, or legal
custodian, or both the minor and the minor's parent,
guardian, or legal custodian, may within 30 days of the
commencement of the formal station adjustment revoke their
consent and have the matter referred for court action or
other appropriate action. This revocation must be in
writing and personally served upon the police officer or
his or her supervisor.
(h) The admission of the minor as to involvement in the
offense shall be admissible at further court hearings as
long as the statement would be admissible under the rules
of evidence.
(i) If the minor violates any term or condition of the
formal station adjustment the juvenile police officer
shall provide written notice of violation to the minor and
the minor's parent, guardian, or legal custodian. After
consultation with the minor and the minor's parent,
guardian, or legal custodian, the juvenile police officer
may take any of the following steps upon violation:
(i) Warn the minor of consequences of continued
violations and continue the formal station adjustment.
(ii) Extend the period of the formal station
adjustment up to a total of 180 days.

HB1126 Engrossed - 26 - LRB096 07475 RLC 17568 b
(iii) Extend the hours of community service work up
to a total of 40 hours.
(iv) Terminate the formal station adjustment
unsatisfactorily and take no other action.
(v) Terminate the formal station adjustment
unsatisfactorily and refer the matter to the juvenile
court.
(j) A minor shall receive no more than 2 formal station
adjustments statewide for a felony offense without the
State's Attorney's approval within a 3 year period.
(k) A minor shall receive no more than 3 formal station
adjustments statewide for a misdemeanor offense without
the State's Attorney's approval within a 3 year period.
(l) The total for formal station adjustments statewide
within the period of minority may not exceed 4 without the
State's Attorney's approval.
(m) If the minor is arrested in a jurisdiction where
the minor does not reside, the formal station adjustment
may be transferred to the jurisdiction where the minor does
reside upon written agreement of that jurisdiction to
monitor the formal station adjustment.
(3) Beginning January 1, 2000, the juvenile police officer
making a station adjustment shall assure that information about
any offense which would constitute a felony if committed by an
adult and may assure that information about a misdemeanor is
transmitted to the Department of State Police.

HB1126 Engrossed - 27 - LRB096 07475 RLC 17568 b
(3) (4) The total number of station adjustments, both
formal and informal, shall not exceed 9 without the State's
Attorney's approval for any minor arrested anywhere in the
State.
(Source: P.A. 90-590, eff. 1-1-99.)
(705 ILCS 405/5-305)
Sec. 5-305. Probation adjustment.
(1) The court may authorize the probation officer to confer
in a preliminary conference with a minor who is alleged to have
committed an offense, his or her parent, guardian or legal
custodian, the victim, the juvenile police officer, the State's
Attorney, and other interested persons concerning the
advisability of filing a petition under Section 5-520, with a
view to adjusting suitable cases without the filing of a
petition as provided for in this Article, the probation officer
should schedule a conference promptly except when the State's
Attorney insists on court action or when the minor has
indicated that he or she will demand a judicial hearing and
will not comply with a probation adjustment.
(1-b) In any case of a minor who is in custody, the holding
of a probation adjustment conference does not operate to
prolong temporary custody beyond the period permitted by
Section 5-415.
(2) This Section does not authorize any probation officer
to compel any person to appear at any conference, produce any

HB1126 Engrossed - 28 - LRB096 07475 RLC 17568 b
papers, or visit any place.
(3) No statement made during a preliminary conference in
regard to the offense that is the subject of the conference may
be admitted into evidence at an adjudicatory hearing or at any
proceeding against the minor under the criminal laws of this
State prior to his or her conviction under those laws.
(4) When a probation adjustment is appropriate, the
probation officer shall promptly formulate a written,
non-judicial adjustment plan following the initial conference.
(5) Non-judicial probation adjustment plans include but
are not limited to the following:
(a) up to 6 months informal supervision within the
family;
(b) up to 12 months informal supervision with a
probation officer involved which may include any
conditions of probation provided in Section 5-715;
(c) up to 6 months informal supervision with release to
a person other than a parent;
(d) referral to special educational, counseling, or
other rehabilitative social or educational programs;
(e) referral to residential treatment programs;
(f) participation in a public or community service
program or activity; and
(g) any other appropriate action with the consent of
the minor and a parent.
(6) The factors to be considered by the probation officer

HB1126 Engrossed - 29 - LRB096 07475 RLC 17568 b
in formulating a non-judicial probation adjustment plan shall
be the same as those limited in subsection (4) of Section
5-405.
(7) Beginning January 1, 2000, the probation officer who
imposes a probation adjustment plan shall assure that
information about an offense which would constitute a felony if
committed by an adult, and may assure that information about a
misdemeanor offense, is transmitted to the Department of State
Police.
(Source: P.A. 92-329, eff. 8-9-01.)
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement and
court records.
(1) Automatic expungement. Whenever a minor has attained
the age of 17, any local law enforcement agency maintaining law
enforcement records pertaining to that minor shall
automatically expunge those records only if (a) the minor has
been arrested but no petitions for delinquency have ever been
filed with the clerk of the circuit court and no criminal
proceedings have been instituted pursuant to Section 5-805, and
(b) the minor has not been arrested within the year prior to
his or her 17th birthday.
(1.5) If a minor is arrested and no petition for
delinquency has ever been filed with the clerk of the circuit
court, at the time the minor is released from custody the youth

HB1126 Engrossed - 30 - LRB096 07475 RLC 17568 b
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 upon the minor
turning 17 the minor's law enforcement records will be
automatically expunged if (a) at the time of the minor's 17th
birthday the minor has never had a petition for delinquency
filed with the clerk of the circuit court and no criminal
proceedings have been instituted pursuant to Section 5-805, and
(b) the minor is not arrested within the year prior to his or
her 17th birthday.
(2) (1) Whenever any person has attained the age of 17 or
whenever all juvenile court proceedings relating to that person
have been terminated, whichever is later, the person may
petition the court to expunge law enforcement records relating
to incidents occurring before his or her 17th birthday or his
or her juvenile court records, or both, but only in the
following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court
and the minor does not meet the requirements for automatic
expungement under paragraph 1 of Section 5-915; or
(b) the minor was charged with an offense and was found
not delinquent of that offense; or
(c) the minor was placed under supervision pursuant to
Section 5-615, and the order of supervision has since been
successfully terminated; or

HB1126 Engrossed - 31 - LRB096 07475 RLC 17568 b
(d) the minor was adjudicated for an offense which
would be a Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(2.5) (2) Any person may petition the court to expunge all
law enforcement records relating to any incidents occurring
before his or her 17th birthday which did not result in
proceedings in criminal court and all juvenile court records
with respect to any adjudications except those based upon first
degree murder and sex offenses which would be felonies if
committed by an adult, if the person for whom expungement is
sought has had no convictions for any crime since his or her
17th birthday and:
(a) has attained the age of 21 years; or
(b) 5 years have elapsed since all juvenile court
proceedings relating to him or her have been terminated or
his or her commitment to the Department of Juvenile Justice
pursuant to this Act has been terminated;
whichever is later of (a) or (b).
(2.6) (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 (2) (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

HB1126 Engrossed - 32 - LRB096 07475 RLC 17568 b
to petition to have his or her law enforcement 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 or
the minor's law enforcement records are automatically expunged
pursuant to subsection (1), the minor shall have a law
enforcement an arrest record. The youth officer, if applicable,
or other designated person from the arresting agency 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.
(2.7) (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

HB1126 Engrossed - 33 - LRB096 07475 RLC 17568 b
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.
(2.8) (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 (2) (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).

HB1126 Engrossed - 34 - LRB096 07475 RLC 17568 b
(2.9) (2.8) The petition for expungement for subsection (2)
(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 2 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

HB1126 Engrossed - 35 - LRB096 07475 RLC 17568 b
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)
..........................

HB1126 Engrossed - 36 - LRB096 07475 RLC 17568 b
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 (2.5) (2) shall be
substantially in the following form:
IN THE CIRCUIT COURT OF ........, ILLINOIS
........ JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)
...................)
(Name of Petitioner)

HB1126 Engrossed - 37 - LRB096 07475 RLC 17568 b
PETITION TO EXPUNGE JUVENILE RECORDS
(705 ILCS 405/5-915 (SUBSECTION 2.5 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

HB1126 Engrossed - 38 - LRB096 07475 RLC 17568 b
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

HB1126 Engrossed - 39 - LRB096 07475 RLC 17568 b
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) or (2.5) of this
Section, order the law enforcement records or official court
file, or both, to be expunged from the official records of the
arresting authority, the clerk of the circuit court and the
Department of State Police. The person whose records are to be
expunged shall petition the court using the appropriate form
containing his or her current address and shall promptly notify
the clerk of the circuit court of any change of address. Notice
of the petition shall be served upon the State's Attorney or
prosecutor charged with the duty of prosecuting the offense,
the Department of State Police, and the arresting agency or
agencies by the clerk of the circuit court. If an objection is
filed within 45 days of the notice of the petition, the clerk
of the circuit court shall set a date for hearing after the 45
day objection period. At the hearing the court shall hear

HB1126 Engrossed - 40 - LRB096 07475 RLC 17568 b
evidence on whether the expungement should or should not be
granted. Unless the State's Attorney or prosecutor, the
Department of State Police, or an arresting agency objects to
the expungement within 45 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

HB1126 Engrossed - 41 - LRB096 07475 RLC 17568 b
................
................
................
................
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

HB1126 Engrossed - 42 - LRB096 07475 RLC 17568 b
On the ....... day of ......, 20..., I on oath state that I
served this notice and true and correct copies of the
above-checked documents by:
(Check One:)
delivering copies personally to each entity to whom they are
directed;
or
by mailing copies to each entity to whom they are directed by
depositing the same in the U.S. Mail, proper postage fully
prepaid, before the hour of 5:00 p.m., at the United States
Postal Depository located at .................
.........................................
Signature
Clerk of the Circuit Court or Deputy Clerk
Printed Name of Delinquent Minor/Petitioner: ....
Address: ........................................
Telephone Number: ...............................
(3.2) The Order of Expungement shall be in substantially
the following form:
IN THE CIRCUIT COURT OF ....., ILLINOIS
.... JUDICIAL CIRCUIT
IN THE INTEREST OF ) NO.
)
)

HB1126 Engrossed - 43 - LRB096 07475 RLC 17568 b
...................)
(Name of Petitioner)
DOB ................
Arresting Agency/Agencies ......
ORDER OF EXPUNGEMENT
(705 ILCS 405/5-915 (SUBSECTION 3))
This matter having been heard on the petitioner's motion and
the court being fully advised in the premises does find that
the petitioner is indigent or has presented reasonable cause to
waive all costs in this matter, IT IS HEREBY ORDERED that:
( ) 1. Clerk of Court and Department of State Police costs
are hereby waived in this matter.
( ) 2. The Illinois State Police Bureau of Identification
and the following law enforcement agencies expunge all records
of petitioner relating to an arrest dated ...... for the
offense of ......
Law Enforcement Agencies:
.........................
.........................
( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit
Court expunge all records regarding the above-captioned case.
ENTER: ......................
JUDGE
DATED: .......

HB1126 Engrossed - 44 - LRB096 07475 RLC 17568 b
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)

HB1126 Engrossed - 45 - LRB096 07475 RLC 17568 b
.................................
.................................
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

HB1126 Engrossed - 46 - LRB096 07475 RLC 17568 b
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

HB1126 Engrossed - 47 - LRB096 07475 RLC 17568 b
the maintenance of information relating to an offense after
records or files concerning the offense have been expunged if
the information is kept in a manner that does not enable
identification of the offender. This information may only be
used for statistical and bona fide research purposes.
(7)(a) The State Appellate Defender shall establish,
maintain, and carry out, by December 31, 2004, a juvenile
expungement program to provide information and assistance to
minors eligible to have their juvenile records expunged.
(b) The State Appellate Defender shall develop brochures,
pamphlets, and other materials in printed form and through the
agency's World Wide Web site. The pamphlets and other materials
shall include at a minimum the following information:
(i) An explanation of the State's juvenile expungement
process;
(ii) The circumstances under which juvenile
expungement may occur;
(iii) The juvenile offenses that may be expunged;
(iv) The steps necessary to initiate and complete the
juvenile expungement process; and
(v) Directions on how to contact the State Appellate
Defender.
(c) The State Appellate Defender shall establish and
maintain a statewide toll-free telephone number that a person
may use to receive information or assistance concerning the
expungement of juvenile records. The State Appellate Defender

HB1126 Engrossed - 48 - LRB096 07475 RLC 17568 b
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

HB1126 Engrossed - 49 - LRB096 07475 RLC 17568 b
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. 94-696, eff. 6-1-06; 95-861, eff. 1-1-09.)