Rep. Arthur Turner
Filed: 3/27/2014
 
 


 




09800HB4084ham001LRB098 15642 RLC 57754 a



1
AMENDMENT TO HOUSE BILL 4084




2 AMENDMENT NO. ______. Amend House Bill 4084 by replacing 
3everything after the enacting clause with the following:


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



6 (705 ILCS 405/5-915)


7 Sec. 5-915. Expungement of juvenile law enforcement and 
8court records. 

9 (0.05) For purposes of this Section and Section 5-622:
10  "Expunge" means to physically destroy the records and 
11 to obliterate the minor's name from any official index or 
12 public record, or both. Nothing in this Act shall require 
13 the physical destruction of the internal office records, 
14 files, or databases maintained by a State's Attorney's 
15 Office or other prosecutor.
16  "Law enforcement record" includes but is not limited to 
 
 
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1 records of arrest, station adjustments, fingerprints, 
2 probation adjustments, the issuance of a notice to appear, 
3 or any other records maintained by a law enforcement agency 
4 relating to a minor suspected of committing an offense. 
5 (1) Whenever any person has attained the age of 18 or 
6whenever all juvenile
court proceedings relating to that person 
7have been terminated, whichever is
later, the person may 
8petition the court to expunge law enforcement records
relating 
9to incidents occurring before his or her 18th birthday or his 
10or her
juvenile court
records, or both, but only in the 
11following circumstances:


12  (a) the minor was arrested and no petition for 
13 delinquency was filed with
the clerk of the circuit court; 
14 or


15  (b) the minor was charged with an offense and was found 
16 not delinquent of
that offense; or


17  (c) the minor was placed under supervision pursuant to 
18 Section 5-615, and
the order of
supervision has since been 
19 successfully terminated; or


20  (d)
the minor was adjudicated for an offense which 
21 would be a Class B
misdemeanor, Class C misdemeanor, or a 
22 petty or business offense if committed by an adult.
23 (1.5) The Department of State Police shall automatically 
24expunge, on an annual basis, law enforcement records pertaining 
25to a minor who has been arrested if:

26  (a) the minor has been arrested and no petition for 
 
 
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1 delinquency was filed with the clerk of the circuit court;
2  (b) the minor has attained the age of 18 years; and 
3  (c) since the date of the minor's most recent arrest, 
4 at least 6 months have elapsed without an additional 
5 arrest.
6 The Department of State Police shall establish a process 
7for an individual to confirm that all law enforcement records 
8described in this subsection (1.5) have been expunged on an 
9annual basis. 
10 (2) Any person may petition the court to expunge all law 
11enforcement records
relating to any
incidents occurring before 
12his or her 18th birthday which did not result in
proceedings in 
13criminal court and all juvenile court records with respect to

14any adjudications except those based upon first degree
murder 
15and
sex offenses which would be felonies if committed by an 
16adult, if the person
for whom expungement is sought has had no

17convictions for any crime since his or her 18th birthday and:


18  (a) has attained the age of 21 years; or


19  (b) 5 years have elapsed since all juvenile court 
20 proceedings relating to
him or her have been terminated or 
21 his or her commitment to the Department of
Juvenile Justice

22 pursuant to this Act has been terminated;

23whichever is later of (a) or (b). Nothing in this Section 5-915 
24precludes a minor from obtaining expungement under Section 
255-622. 
26 (2.5) If a minor is arrested and no petition for 
 
 
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1delinquency is filed with the clerk of the circuit court as 
2provided in paragraph (a) of subsection (1) at the time the 
3minor is released from custody, the youth officer, if 
4applicable, or other designated person from the arresting 
5agency, shall notify verbally and in writing to the minor or 
6the minor's parents or guardians that if the State's Attorney 
7does not file a petition for delinquency, the minor has a right 
8to petition to have his or her arrest record expunged when the 
9minor attains the age of 18 or when all juvenile court 
10proceedings relating to that minor have been terminated and 
11that unless a petition to expunge is filed, the minor shall 
12have an arrest record and shall provide the minor and the 
13minor's parents or guardians with an expungement information 
14packet, including a petition to expunge juvenile records 
15obtained from the clerk of the circuit court.
16 (2.6) If a minor is charged with an offense and is found 
17not delinquent of that offense; or if a minor is placed under 
18supervision under Section 5-615, and the order of supervision 
19is successfully terminated; or if a minor is adjudicated for an 
20offense that would be a Class B misdemeanor, a Class C 
21misdemeanor, or a business or petty offense if committed by an 
22adult; or if a minor has incidents occurring before his or her 
2318th birthday that have not resulted in proceedings in criminal 
24court, or resulted in proceedings in juvenile court, and the 
25adjudications were not based upon first degree murder or sex 
26offenses that would be felonies if committed by an adult; then 
 
 
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1at the time of sentencing or dismissal of the case, the judge 
2shall inform the delinquent minor of his or her right to 
3petition for expungement as provided by law, and the clerk of 
4the circuit court shall provide an expungement information 
5packet to the delinquent minor, written in plain language, 
6including a petition for expungement, a sample of a completed 
7petition, expungement instructions that shall include 
8information informing the minor that (i) once the case is 
9expunged, it shall be treated as if it never occurred, (ii) he 
10or she may apply to have petition fees waived, (iii) once he or 
11she obtains an expungement, he or she may not be required to 
12disclose that he or she had a juvenile record, and (iv) he or 
13she may file the petition on his or her own or with the 
14assistance of an attorney. The failure of the judge to inform 
15the delinquent minor of his or her right to petition for 
16expungement as provided by law does not create a substantive 
17right, nor is that failure grounds for: (i) a reversal of an 
18adjudication of delinquency, (ii) a new trial; or (iii) an 
19appeal.
20 (2.7) For counties with a population over 3,000,000, the 
21clerk of the circuit court shall send a "Notification of a 
22Possible Right to Expungement" post card to the minor at the 
23address last received by the clerk of the circuit court on the 
24date that the minor attains the age of 18 based on the 
25birthdate provided to the court by the minor or his or her 
26guardian in cases under paragraphs (b), (c), and (d) of 
 
 
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1subsection (1); and when the minor attains the age of 21 based 
2on the birthdate provided to the court by the minor or his or 
3her guardian in cases under subsection (2).
4 (2.8) The petition for expungement for subsection (1) may 
5include multiple offenses on the same petition and shall be 
6substantially in the following form:
7
IN THE CIRCUIT COURT OF ......, ILLINOIS
 

8
........ JUDICIAL CIRCUIT



9IN THE INTEREST OF ) NO.

10 )

11 )

12...................)

13(Name of Petitioner)

14
PETITION TO EXPUNGE JUVENILE RECORDS
15
(705 ILCS 405/5-915 (SUBSECTION 1))
16
(Please prepare a separate petition for each offense)
17Now comes ............., petitioner, and respectfully requests

18that this Honorable Court enter an order expunging all juvenile 
19law enforcement and court records of petitioner and in support 
20thereof states that:
Petitioner has attained the age of 18, 
21his/her birth date being ......, or all
Juvenile Court 
22proceedings terminated as of ......, whichever occurred later.

23Petitioner was arrested on ..... by the ....... Police 
24Department for the offense or offenses of ......., and:

 
 
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1(Check All That Apply One:)

2( ) a. no petition or petitions were was filed with the Clerk 
3of the Circuit Court.
4( ) b. was charged with ...... and was found not delinquent
of 
5the offense or offenses.
6( ) c. a petition or petitions were was filed and the petition 
7or petitions were was dismissed without a finding of 
8delinquency on .....
9( ) d. on ....... placed under supervision pursuant to Section 
105-615 of the Juvenile Court Act of 1987 and such order of 
11supervision successfully terminated on ........
12( ) e. was adjudicated for the offense or offenses, which would 
13have been a Class B misdemeanor, a Class C misdemeanor, or a 
14petty offense or business offense if committed by an adult.

15Petitioner .... has .... has not been arrested on charges in 
16this or any county other than the charges listed above. If 
17petitioner has been arrested on additional charges, please list 
18the charges below:

19Charge(s): ......
20Arresting Agency or Agencies: ...........
21Disposition/Result: (choose from a. through e., above): .....

22WHEREFORE, the petitioner respectfully requests this Honorable 
23Court to (1) order all law enforcement agencies to expunge all 
24records of petitioner to this incident or incidents, and (2) to 
25order the Clerk of the Court to expunge all records concerning 
26the petitioner regarding this incident or incidents.

 
 
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1
......................

2
Petitioner (Signature)




3
..........................



4
Petitioner's Street Address


5
.....................



6
City, State, Zip Code


7
.............................
8
Petitioner's Telephone Number


9Pursuant to the penalties of perjury under the Code of Civil 
10Procedure, 735 ILCS 5/1-109, I hereby certify that the 
11statements in this petition are true and correct, or on 
12information and belief I believe the same to be true.

13
......................
14
Petitioner (Signature)

15The Petition for Expungement for subsection (2) shall be 
16substantially in the following form:

17
IN THE CIRCUIT COURT OF ........, ILLINOIS
18
........ JUDICIAL CIRCUIT


 
 
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1IN THE INTEREST OF ) NO.

2 )

3 )

4...................)

5(Name of Petitioner)

6
PETITION TO EXPUNGE JUVENILE RECORDS
 

7
(705 ILCS 405/5-915 (SUBSECTION 2))

8
(Please prepare a separate petition for each offense)

9Now comes ............, petitioner, and respectfully requests 
10that this Honorable Court enter an order expunging all Juvenile 
11Law Enforcement and Court records of petitioner and in support 
12thereof states that:
13The incident for which the Petitioner seeks expungement 
14occurred before the Petitioner's 18th birthday and did not 
15result in proceedings in criminal court and the Petitioner has 
16not had any convictions for any crime since his/her 18th 
17birthday; and

18The incident for which the Petitioner seeks expungement 
19occurred before the Petitioner's 18th birthday and the 
20adjudication was not based upon first-degree murder or sex 
21offenses which would be felonies if committed by an adult, and 
22the Petitioner has not had any convictions for any crime since 
23his/her 18th birthday.
24Petitioner was arrested on ...... by the ....... Police 
25Department for the offense of ........, and:
 
 
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1(Check whichever one occurred the latest:)
2( ) a. The Petitioner has attained the age of 21 years, his/her 
3birthday being .......; or
4( ) b. 5 years have elapsed since all juvenile court 
5proceedings relating to the Petitioner have been terminated; or 
6the Petitioner's commitment to the Department of Juvenile 
7Justice
pursuant to the expungement of juvenile law enforcement 
8and court records provisions of the Juvenile Court Act of 1987 
9has been terminated.
Petitioner ...has ...has not been arrested 
10on charges in this or any other county other than the charge 
11listed above. If petitioner has been arrested on additional 
12charges, please list the charges below:
13Charge(s): ..........
14Arresting Agency or Agencies: .......
15Disposition/Result: (choose from a or b, above): ..........
16WHEREFORE, the petitioner respectfully requests this Honorable 
17Court to (1) order all law enforcement agencies to expunge all 
18records of petitioner related to this incident, and (2) to 
19order the Clerk of the Court to expunge all records concerning 
20the petitioner regarding this incident.

21
.......................

22
Petitioner (Signature)


23
......................
24
Petitioner's Street Address




 
 
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1
.....................
2
City, State, Zip Code
3
.............................
4
Petitioner's Telephone Number



5Pursuant to the penalties of perjury under the Code of Civil 
6Procedure, 735 ILCS 5/1-109, I hereby certify that the 
7statements in this petition are true and correct, or on 
8information and belief I believe the same to be true.
9
......................
10
Petitioner (Signature)

11 (3) The chief judge of the circuit in which an arrest was 
12made or a charge
was brought or any
judge of that circuit 
13designated by the chief judge
may, upon verified petition
of a 
14person who is the subject of an arrest or a juvenile court 
15proceeding
under subsection (1) or (2) of this Section, order 
16the law enforcement
records or official court file, or both, to 
17be expunged from the official
records of the arresting 
18authority, the clerk of the circuit court and the
Department of 
19State Police. The person whose records are to be expunged shall 
20petition the court using the appropriate form containing his or 
21her current address and shall promptly notify the clerk of the 
22circuit court of any change of address. Notice
of the petition 
23shall be served upon the State's Attorney or prosecutor charged 
24with the duty of prosecuting the offense, the Department of 
 
 
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1State Police, and the arresting agency or agencies by the clerk 
2of the circuit court. If an objection is filed within 45
days 
3of the notice of the petition, the clerk of the circuit court 
4shall set a date for hearing after the 45
day objection period. 
5At the hearing the court shall hear evidence on whether the 
6expungement should or should not be granted. Unless the State's 
7Attorney or prosecutor, the Department of State Police, or an 
8arresting agency objects to the expungement within 45
days of 
9the notice, the court may enter an order granting expungement. 
10The person whose records are to be expunged shall pay the clerk 
11of the circuit court a fee equivalent to the cost associated 
12with expungement of records by the clerk and the Department of 
13State Police. The clerk shall forward a certified copy of the 
14order to the Department of State Police, the appropriate 
15portion of the fee to the Department of State Police for 
16processing, and deliver a certified copy of the order to the 
17arresting agency.

18 (3.1) The Notice of Expungement shall be in substantially 
19the following form:
20
IN THE CIRCUIT COURT OF ....., ILLINOIS

21
.... JUDICIAL CIRCUIT



22IN THE INTEREST OF ) NO.

23 )

24 )

25...................)

 
 
09800HB4084ham001- 13 -LRB098 15642 RLC 57754 a


1(Name of Petitioner)

2
NOTICE

3TO: State's Attorney

4TO: Arresting Agency

5

6................

7................

8

9................

10................

11TO: Illinois State Police

12

13.....................

14

15.....................


16ATTENTION: Expungement

17You are hereby notified that on ....., at ....., in courtroom 
18..., located at ..., before the Honorable ..., Judge, or any 
19judge sitting in his/her stead, I shall then and there present 
20a Petition to Expunge Juvenile records in the above-entitled 
21matter, at which time and place you may appear.
22
......................
23
Petitioner's Signature
24
...........................

25
Petitioner's Street Address
 
 
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1
.....................


2
City, State, Zip Code
3
.............................
4
Petitioner's Telephone Number
5
PROOF OF SERVICE

6On the ....... day of ......, 20..., I on oath state that I 
7served this notice and true and correct copies of the 
8above-checked documents by:
9(Check One:)
10delivering copies personally to each entity to whom they are 
11directed;
12or
13by mailing copies to each entity to whom they are directed by 
14depositing the same in the U.S. Mail, proper postage fully 
15prepaid, before the hour of 5:00 p.m., at the United States 
16Postal Depository located at .................
17
.........................................


18

19Signature
20
Clerk of the Circuit Court or Deputy Clerk
21Printed Name of Delinquent Minor/Petitioner: ....
22Address: ........................................
23Telephone Number: ...............................
24 (3.2) The Order of Expungement shall be in substantially 
25the following form:
26
IN THE CIRCUIT COURT OF ....., ILLINOIS

 
 
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1
.... JUDICIAL CIRCUIT



2IN THE INTEREST OF ) NO.

3 )

4 )

5...................)

6(Name of Petitioner)


7DOB ................
8Arresting Agency/Agencies ......
9
ORDER OF EXPUNGEMENT

10
(705 ILCS 405/5-915 (SUBSECTION 3))



11This matter having been heard on the petitioner's motion and 
12the court being fully advised in the premises does find that 
13the petitioner is indigent or has presented reasonable cause to 
14waive all costs in this matter, IT IS HEREBY ORDERED that:
15 ( ) 1. Clerk of Court and Department of State Police costs 
16are hereby waived in this matter.
17 ( ) 2. The Illinois State Police Bureau of Identification 
18and the following law enforcement agencies expunge all records 
19of petitioner relating to an arrest dated ...... for the 
20offense of ......
21
Law Enforcement Agencies:

22
.........................

23
.........................

24 ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit 
 
 
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1Court expunge all records regarding the above-captioned case.
2
ENTER: ......................

3

4JUDGE
5DATED: .......
6Name:

7Attorney for:

8Address:
City/State/Zip:

9Attorney Number:
10 (3.3) The Notice of Objection shall be in substantially the 
11following form:
12
IN THE CIRCUIT COURT OF ....., ILLINOIS

13
....................... JUDICIAL CIRCUIT



14IN THE INTEREST OF ) NO.

15 )

16 )

17...................)

18(Name of Petitioner)

19
NOTICE OF OBJECTION

20TO:(Attorney, Public Defender, Minor)

21.................................

22.................................

23TO:(Illinois State Police)

24.................................

 
 
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1.................................
2TO:(Clerk of the Court)

3.................................

4.................................

5TO:(Judge)

6.................................

7.................................

8TO:(Arresting Agency/Agencies)

9.................................

10.................................
11ATTENTION:
You are hereby notified that an objection has been 
12filed by the following entity regarding the above-named minor's 
13petition for expungement of juvenile records:
14( ) State's Attorney's Office;

15( ) Prosecutor (other than State's Attorney's Office) charged 
16with the duty of prosecuting the offense sought to be expunged;

17( ) Department of Illinois State Police; or

18( ) Arresting Agency or Agencies.

19The agency checked above respectfully requests that this case 
20be continued and set for hearing on whether the expungement 
21should or should not be granted.

22DATED: .......
23Name:
24Attorney For:

25Address:
26City/State/Zip:

 
 
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1Telephone:

2Attorney No.: 

3
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY



4This matter has been set for hearing on the foregoing 
5objection, on ...... in room ...., located at ....., before the 
6Honorable ....., Judge, or any judge sitting in his/her stead.

7(Only one hearing shall be set, regardless of the number of 
8Notices of Objection received on the same case).

9A copy of this completed Notice of Objection containing the 
10court date, time, and location, has been sent via regular U.S. 
11Mail to the following entities. (If more than one Notice of 
12Objection is received on the same case, each one must be 
13completed with the court date, time and location and mailed to 
14the following entities):

15( ) Attorney, Public Defender or Minor;

16( ) State's Attorney's Office;
17( ) Prosecutor (other than State's Attorney's Office) charged 
18with the duty of prosecuting the offense sought to be expunged;
19( ) Department of Illinois State Police; and
20( ) Arresting agency or agencies.

21Date: ......
22Initials of Clerk completing this section: .....


23 (4) Upon entry of an order expunging records or files, the 
24offense, which
the records or files concern shall be treated as 
25if it never occurred. Law
enforcement officers and other public 
26offices and agencies shall properly reply
on inquiry that no 
 
 
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1record or file exists with respect to the
person. 

2 (5) Records which have not been expunged are sealed, and 
3may be obtained
only under the provisions of Sections 5-901, 
45-905 and 5-915.

5 (6) Nothing in this Section shall be construed to prohibit 
6the maintenance
of information relating to an offense after 
7records or files concerning the
offense have been expunged if 
8the information is kept in a manner that does not
enable 
9identification of the offender. This information may only be 
10used for
statistical and bona fide research purposes.
11 (7)(a) The State Appellate Defender shall establish, 
12maintain, and carry out, by December 31, 2004, a juvenile 
13expungement program
to provide information and assistance to 
14minors eligible to have their juvenile records expunged.

15 (b) The State Appellate Defender shall develop brochures, 
16pamphlets, and
other
materials in
printed form and through the 
17agency's World Wide Web site. The pamphlets and
other materials 
18shall
include at a minimum the following information:


19  (i) An explanation of the State's juvenile expungement 
20 process;
21  (ii) The circumstances under which juvenile 
22 expungement may occur;
23  (iii) The juvenile offenses that may be expunged;
24  (iv) The steps necessary to initiate and complete the 
25 juvenile expungement process;
and
26  (v) Directions on how to contact the State Appellate 
 
 
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1 Defender.
2 (c) The State Appellate Defender shall establish and 
3maintain a statewide
toll-free telephone
number that a person 
4may use to receive information or assistance concerning
the 
5expungement of juvenile records. The State Appellate
Defender 
6shall advertise
the toll-free telephone number statewide. The 
7State Appellate Defender shall
develop an expungement

8information packet that may be sent to eligible persons seeking 
9expungement of
their juvenile records,
which may include, but 
10is not limited to, a pre-printed expungement petition
with 
11instructions on how
to complete the petition and a pamphlet 
12containing information that would
assist individuals through

13the juvenile expungement process.
14 (d) The State Appellate Defender shall compile a statewide 
15list of volunteer
attorneys willing
to assist eligible 
16individuals through the juvenile expungement process.
17 (e) This Section shall be implemented from funds 
18appropriated by the General
Assembly to the State
Appellate 
19Defender
for this purpose. The State Appellate Defender shall 
20employ the necessary staff
and adopt the
necessary rules for 
21implementation of this Section.
22 (8)(a) Except with respect to law enforcement agencies, the 
23Department of Corrections, State's Attorneys, or other 
24prosecutors, an expunged juvenile record may not be considered 
25by any private or public entity in employment matters, 
26certification, licensing, revocation of certification or 
 
 
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1licensure, or registration. Applications for employment must 
2contain specific language that states that the applicant is not 
3obligated to disclose expunged juvenile records of conviction 
4or arrest. Employers may not ask if an applicant has had a 
5juvenile record expunged. Effective January 1, 2005, the 
6Department of Labor shall develop a link on the Department's 
7website to inform employers that employers may not ask if an 
8applicant had a juvenile record expunged and that application 
9for employment must contain specific language that states that 
10the applicant is not obligated to disclose expunged juvenile 
11records of arrest or conviction.
12 (b) A person whose juvenile records have been expunged is 
13not entitled to remission of any fines, costs, or other money 
14paid as a consequence of expungement. This amendatory Act of 
15the 93rd General Assembly does not affect the right of the 
16victim of a crime to prosecute or defend a civil action for 
17damages.

18 (c) The expungement of juvenile records under Section 5-622 
19shall be funded by the additional fine imposed under Section 
205-9-1.17 of the Unified Code of Corrections and additional 
21appropriations made by the General Assembly for such purpose. 
22 (9) The changes made to this Section by Public Act 98-61 
23this amendatory Act of the 98th General Assembly apply to law 
24enforcement records of a minor who has been arrested or taken 
25into custody on or after January 1, 2014 (the effective date of 
26Public Act 98-61) this amendatory Act. 
 
 
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1(Source: P.A. 98-61, eff. 1-1-14; revised 11-22-13.)".