Sen. Kwame Raoul
Filed: 3/26/2012
 
 


 




09700SB2777sam001LRB097 16187 RLC 68022 a



1
AMENDMENT TO SENATE BILL 2777




2 AMENDMENT NO. ______. Amend Senate Bill 2777 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 (0.06) Expungement proceedings shall be initiated by the 
6filing of a petition requesting an order of expungement, in 
7juvenile court. No filing fee shall be required. 
8 (0.07) There shall be no waiting period to petition for the 
9expungement of law enforcement or juvenile court records 
10relating to incidents occurring before a person's 18th birthday 
11in the following 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. 
17 The notice and objection provisions found in subsection (3) 
18shall apply to a petition filed under this subsection (0.07). 
19 If an objection is filed, the court may hear evidence as to 
20whether or not expungement shall be granted.
21 No more than 3 offenses may be expunged under this 
22subsection (0.07). 
23 (1) Notwithstanding any other provision of law, whenever 
24Whenever any person has attained the age of 18 17 or whenever 
25all juvenile
court proceedings relating to that person have 
26been terminated, whichever is
later, the person may petition 
 
 
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1the court to expunge law enforcement records
relating to 
2incidents occurring before his or her 18th 17th birthday or his 
3or her
juvenile court
records, or both, but only in the 
4following circumstances:


5  (a) the minor was arrested and no petition for 
6 delinquency or criminal charge was filed with
the clerk of 
7 the circuit court; or


8  (b) the minor was charged with an offense in juvenile 
9 court and was found not delinquent of
that offense; or


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


13  (d)
the minor was adjudicated for an offense which 
14 would be a Class B
misdemeanor, Class C misdemeanor, or a 
15 petty or business offense if committed by an adult.

16 (2) Any person may petition the court to expunge all law 
17enforcement records
relating to any
incidents occurring before 
18his or her 18th 17th birthday which did not result in

19proceedings in criminal court and all juvenile court records 
20with respect to
any adjudications except those based upon first 
21degree
murder and
sex offenses which would be felonies if 
22committed by an adult, if the person
for whom expungement is 
23sought has had no
convictions for any crime since his or her 
2418th 17th birthday and:


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


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

3 pursuant to this Act has been terminated;

4whichever is later of (a) or (b). Nothing in this Section 5-915 
5precludes a minor from obtaining expungement under Section 
65-622. 
7 (2.5) If a minor is arrested and no petition for 
8delinquency is filed with the clerk of the circuit court as 
9provided in paragraph (a) of subsection (1) at the time the 
10minor is released from custody, the youth officer, if 
11applicable, or other designated person from the arresting 
12agency, shall notify verbally and in writing to the minor or 
13the minor's parents or guardians that if the State's Attorney 
14does not file a petition for delinquency or criminal charge (i) 
15, the minor has a right under subsection (0.07) to petition at 
16any time to have his or her law enforcement arrest record 
17expunged, (ii) if the minor does not petition to have his or 
18her law enforcement record expunged under subsection (0.07), 
19the minor has a right, when the minor attains the age of 18 17 
20or when all juvenile court proceedings relating to that minor 
21have been terminated, to petition to have his or her record 
22expunged under subsection (1), and (iii) that unless a petition 
23to expunge is filed, the minor will shall have a law 
24enforcement an arrest record. The youth officer, if applicable, 
25or other designated person from the arresting agency and shall 
26provide the minor and the minor's parents or guardians with an 
 
 
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1expungement information packet, written in plain language, 
2including a petition to expunge juvenile records obtained from 
3the clerk of the circuit court, a sample completed petition, 
4information about the adverse consequences of having a law 
5enforcement record, and expungement instructions. These 
6instructions shall include information informing the minor 
7that (i) the minor may file a petition on his or her own or with 
8the assistance of an attorney, (ii) once the arrest is expunged 
9under either subsection (0.07) or subsection (1), it shall be 
10treated as if it never occurred, and (iii) once the minor 
11obtains an expungement under either subsection (0.07) or 
12subsection (1), the minor shall not be required to disclose 
13that he or she had a law enforcement record.
14 (2.6) If a minor is charged with an offense and is found 
15not delinquent of that offense; or if a minor is placed under 
16supervision under Section 5-615, and the order of supervision 
17is successfully terminated; or if a minor is adjudicated for an 
18offense that would be a Class B misdemeanor, a Class C 
19misdemeanor, or a business or petty offense if committed by an 
20adult; or if a minor has incidents occurring before his or her 
2118th 17th birthday that have not resulted in proceedings in 
22criminal court, or resulted in proceedings in juvenile court, 
23and the adjudications were not based upon first degree murder 
24or sex offenses that would be felonies if committed by an 
25adult; then at the time of sentencing or dismissal of the case, 
26the judge shall inform the delinquent minor of his or her right 
 
 
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1to petition for expungement as provided by law, and the clerk 
2of the circuit court shall provide an expungement information 
3packet to the delinquent minor, written in plain language, 
4including a petition for expungement, a sample of a completed 
5petition, information about the adverse consequences of having 
6a law enforcement and juvenile court record, and expungement 
7instructions. These instructions that shall include 
8information informing the minor that (i) the minor may file a 
9petition on his or her own or with the assistance of an 
10attorney, (ii) once the case is expunged, it shall be treated 
11as if it never occurred, and (iii) once the minor obtains an 
12expungement, the court shall provide a certified copy of the 
13expungement order, and the minor shall not be required to 
14disclose that he or she had a juvenile court or law enforcement 
15record (ii) he or she may apply to have petition fees waived, 
16(iii) once he or she obtains an expungement, he or she may not 
17be required to disclose that he or she had a juvenile record, 
18and (iv) he or she may file the petition on his or her own or 
19with the assistance of an attorney. The failure of the judge to 
20inform the delinquent minor of his or her right to petition for 
21expungement as provided by law does not create a substantive 
22right, nor is that failure grounds for: (i) a reversal of an 
23adjudication of delinquency, (ii) a new trial; or (iii) an 
24appeal.
25 (2.7) For counties with a population over 3,000,000, the 
26clerk of the circuit court shall send a "Notification of a 
 
 
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1Possible Right to Expungement" post card to the minor at the 
2address last received by the clerk of the circuit court on the 
3date that the minor attains the age of 18 17 based on the 
4birthdate provided to the court by the minor or his or her 
5guardian in cases under paragraphs (b), (c), and (d) of 
6subsection (1); and when the minor attains the age of 21 based 
7on the birthdate provided to the court by the minor or his or 
8her guardian in cases under subsection (2).
9 (2.8) The petition for expungement for subsection (0.07) 
10and (1) may include multiple offenses on the same petition and 
11shall be substantially in the following form:
12
IN THE CIRCUIT COURT OF ......, ILLINOIS
 

13
........ JUDICIAL CIRCUIT



14IN THE INTEREST OF ) NO.

15 )

16 )

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

18(Name of Petitioner)

19
PETITION TO EXPUNGE JUVENILE RECORDS
20
(705 ILCS 405/5-915 ( SUBSECTIONS (0.07) and   SUBSECTION  1))
21
( If this is a petition for multiple offenses, please attach an 
22
Appendix listing each offense   Please prepare a separate 
23
petition for each offense )
24Now comes ............., Petitioner petitioner, and 
 
 
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1respectfully requests
that this Honorable Court enter an order 
2expunging all juvenile law enforcement and court records of 
3Petitioner petitioner and in support thereof states that:
4( ) 1. This petition is being filed under subsection (0.07) 
5and:
6(Check One:)
7( ) a. no petition was filed with the Clerk of the Circuit 
8Court.
9( ) b. was charged with .... and was found not delinquent of 
10the offense; or

11( ) 2. This petition is being filed under subsection (1), 
12Petitioner has attained the age of 18 17, his/her birth date 
13being ......, or all
Juvenile Court proceedings terminated as 
14of ......, whichever occurred later.
Petitioner was arrested on 
15..... by the ....... Police Department for the offense of 
16......., and:

17(Check One:)

18( ) a. no petition was filed with the Clerk of the Circuit 
19Court.
20( ) b. was charged with ...... and was found not delinquent
of 
21the offense.
22( ) c. a petition was filed and the petition was dismissed 
23without a finding of delinquency on .....
24( ) d. on ....... placed under supervision pursuant to Section 
255-615 of the Juvenile Court Act of 1987 and such order of 
26supervision successfully terminated on ........
 
 
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1( ) e. was adjudicated for the offense, which would have been a 
2Class B misdemeanor, a Class C misdemeanor, or a petty offense 
3or business offense if committed by an adult.

4Petitioner .... has .... has not been arrested on charges in 
5this or any county other than the charges listed above. If 
6petitioner has been arrested on additional charges, please list 
7the charges below:

8Charge(s): ......
9Arresting Agency or Agencies: ...........
10Disposition/Result: (choose from a. through e., above): .....

11WHEREFORE, the petitioner respectfully requests this Honorable 
12Court to (1) order all law enforcement agencies to expunge all 
13records of petitioner to this incident, and (2) to order the 
14Clerk of the Court to expunge all records concerning the 
15petitioner regarding this incident.

16
......................

17
Petitioner (Signature)




18
..........................



19
Petitioner's Street Address


20
.....................



21
City, State, Zip Code


22
.............................
 
 
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1
Petitioner's Telephone Number


2Pursuant to the penalties of perjury under the Code of Civil 
3Procedure, 735 ILCS 5/1-109, I hereby certify that the 
4statements in this petition are true and correct, or on 
5information and belief I believe the same to be true.

6
......................
7
Petitioner (Signature)

8The Petition for Expungement for subsection (2) shall be 
9substantially in the following form:

10
IN THE CIRCUIT COURT OF ........, ILLINOIS
11
........ JUDICIAL CIRCUIT


12IN THE INTEREST OF ) NO.

13 )

14 )

15...................)

16(Name of Petitioner)

17
PETITION TO EXPUNGE JUVENILE RECORDS
 

18
(705 ILCS 405/5-915 (SUBSECTION 2))

19
( If this is a petition for multiple offenses, please attach an 
20
Appendix listing each offense   Please prepare a separate 
21
petition for each offense )

 
 
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1Now comes ............, Petitioner petitioner, and 
2respectfully requests that this Honorable Court enter an order 
3expunging all Juvenile Law Enforcement and Court records of 
4Petitioner petitioner and in support thereof states that:
5The incident for which the Petitioner seeks expungement 
6occurred before the Petitioner's 18th 17th birthday and did not 
7result in proceedings in criminal court and the Petitioner has 
8not had any convictions for any crime since his/her 18th 17th 
9birthday; and

10The incident for which the Petitioner seeks expungement 
11occurred before the Petitioner's 18th 17th birthday and the 
12adjudication was not based upon first-degree murder or sex 
13offenses which would be felonies if committed by an adult, and 
14the Petitioner has not had any convictions for any crime since 
15his/her 18th 17th birthday.
16Petitioner was arrested on ...... by the ....... Police 
17Department for the offense of ........, and:
18(Check whichever one occurred the latest:)
19( ) a. The Petitioner has attained the age of 21 years, his/her 
20birthday being .......; or
21( ) b. 5 years have elapsed since all juvenile court 
22proceedings relating to the Petitioner have been terminated; or 
23the Petitioner's commitment to the Department of Juvenile 
24Justice
pursuant to the expungement of juvenile law enforcement 
25and court records provisions of the Juvenile Court Act of 1987 
26has been terminated.
Petitioner ...has ...has not been arrested 
 
 
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1on charges in this or any other county other than the charge 
2listed above. If Petitioner petitioner has been arrested on 
3additional charges, please list the charges below:
4Charge(s): ..........
5Arresting Agency or Agencies: .......
6Disposition/Result: (choose from a or b, above): ..........
7WHEREFORE, the Petitioner petitioner respectfully requests 
8this Honorable Court to (1) order all law enforcement agencies 
9to expunge all records of petitioner related to this incident, 
10and (2) to order the Clerk of the Court to expunge all records 
11concerning the Petitioner petitioner regarding this incident.

12
.......................

13
Petitioner (Signature)


14
......................
15
Petitioner's Street Address




16
.....................
17
City, State, Zip Code
18
.............................
19
Petitioner's Telephone Number



20Pursuant to the penalties of perjury under the Code of Civil 
21Procedure, 735 ILCS 5/1-109, I hereby certify that the 
22statements in this petition are true and correct, or on 
 
 
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1information and belief I believe the same to be true.
2
......................
3
Petitioner (Signature)

4 (3) The chief judge of the circuit in which an arrest was 
5made or a charge
was brought or any
judge of that circuit 
6designated by the chief judge
may, upon verified petition
of a 
7person who is the subject of an arrest or a juvenile court 
8proceeding
under subsection (0.07), (1), or (2) of this 
9Section, order the law enforcement
records or official court 
10file, or both, to be expunged from the official
records of the 
11arresting authority, the clerk of the circuit court and the

12Department of State Police. The person whose records are to be 
13expunged shall petition the court using the appropriate form 
14containing his or her current address and shall promptly notify 
15the clerk of the circuit court of any change of address. Notice

16of the petition shall be served upon the State's Attorney or 
17prosecutor charged with the duty of prosecuting the offense, 
18the Department of State Police, and the arresting agency or 
19agencies by the clerk of the circuit court. If an objection is 
20filed within 45
days of the notice of the petition, the clerk 
21of the circuit court shall set a date for hearing after the 45

22day objection period. At the hearing the court shall hear 
23evidence on whether the expungement should or should not be 
24granted. Unless the State's Attorney or prosecutor, the 
25Department of State Police, or an arresting agency objects to 
26the expungement within 45
days of the notice, the court may 
 
 
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1enter an order granting expungement. The person whose records 
2are to be expunged shall pay the clerk of the circuit court a 
3fee equivalent to the cost associated with expungement of 
4records by the clerk and the Department of State Police. The 
5clerk shall forward a certified copy of the order to the 
6Department of State Police, the appropriate portion of the fee 
7to the Department of State Police for processing, and deliver a 
8certified copy of the order to the arresting agency.

9 (3.1) The Notice of Expungement shall be in substantially 
10the following form:
11
IN THE CIRCUIT COURT OF ....., ILLINOIS

12
.... JUDICIAL CIRCUIT



13IN THE INTEREST OF ) NO.

14 )

15 )

16...................)

17(Name of Petitioner)

18
NOTICE

19TO: State's Attorney

20TO: Arresting Agency

21

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

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

24

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

2................

3TO: Illinois State Police

4

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

6

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


8ATTENTION: Expungement

9You are hereby notified that on ....., at ....., in courtroom 
10..., located at ..., before the Honorable ..., Judge, or any 
11judge sitting in his/her stead, I shall then and there present 
12a Petition to Expunge Juvenile records in the above-entitled 
13matter, at which time and place you may appear.
14
......................
15
Petitioner's Signature
16
...........................

17
Petitioner's Street Address
18
.....................


19
City, State, Zip Code
20
.............................
21
Petitioner's Telephone Number
22
PROOF OF SERVICE

23On the ....... day of ......, 20..., I on oath state that I 
24served this notice and true and correct copies of the 
25above-checked documents by:
26(Check One:)
 
 
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1delivering copies personally to each entity to whom they are 
2directed;
3or
4by mailing copies to each entity to whom they are directed by 
5depositing the same in the U.S. Mail, proper postage fully 
6prepaid, before the hour of 5:00 p.m., at the United States 
7Postal Depository located at .................
8
.........................................


9

10Signature
11
Clerk of the Circuit Court or Deputy Clerk
12Printed Name of Delinquent Minor/Petitioner: ....
13Address: ........................................
14Telephone Number: ...............................
15 (3.2) The Order of Expungement shall be in substantially 
16the following form:
17
IN THE CIRCUIT COURT OF ....., ILLINOIS

18
.... JUDICIAL CIRCUIT



19IN THE INTEREST OF ) NO.

20 )

21 )

22...................)

23(Name of Petitioner)


24DOB ................
 
 
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1Arresting Agency/Agencies ......
2
ORDER OF EXPUNGEMENT

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



4This matter having been heard on the petitioner's motion and 
5the court being fully advised in the premises does find that 
6the petitioner is indigent or has presented reasonable cause to 
7waive all costs in this matter, IT IS HEREBY ORDERED that:
8 ( ) 1. Clerk of Court and Department of State Police costs 
9are hereby waived in this matter.
10 ( ) 1. 2. The Illinois State Police Bureau of 
11Identification and the following law enforcement agencies 
12expunge all records of petitioner relating to an arrest dated 
13...... for the offense of ......
14
Law Enforcement Agencies:

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

16
.........................

17 ( ) 2. 3. IT IS FURTHER ORDERED that the Clerk of the 
18Circuit Court expunge all records regarding the 
19above-captioned case.
20
ENTER: ......................

21

22JUDGE
23DATED: .......
24Name:

25Attorney for:

26Address:
City/State/Zip:

 
 
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1Attorney Number:
2 (3.3) The Notice of Objection shall be in substantially the 
3following form:
4
IN THE CIRCUIT COURT OF ....., ILLINOIS

5
....................... JUDICIAL CIRCUIT



6IN THE INTEREST OF ) NO.

7 )

8 )

9...................)

10(Name of Petitioner)

11
NOTICE OF OBJECTION

12TO:(Attorney, Public Defender, Minor)

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

14.................................

15TO:(Illinois State Police)

16.................................

17.................................
18TO:(Clerk of the Court)

19.................................

20.................................

21TO:(Judge)

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

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

24TO:(Arresting Agency/Agencies)

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

2.................................
3ATTENTION:
You are hereby notified that an objection has been 
4filed by the following entity regarding the above-named minor's 
5petition for expungement of juvenile records:
6( ) State's Attorney's Office;

7( ) Prosecutor (other than State's Attorney's Office) charged 
8with the duty of prosecuting the offense sought to be expunged;

9( ) Department of Illinois State Police; or

10( ) Arresting Agency or Agencies.

11The agency checked above respectfully requests that this case 
12be continued and set for hearing on whether the expungement 
13should or should not be granted.

14DATED: .......
15Name:
16Attorney For:

17Address:
18City/State/Zip:

19Telephone:

20Attorney No.: 

21
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY



22This matter has been set for hearing on the foregoing 
23objection, on ...... in room ...., located at ....., before the 
24Honorable ....., Judge, or any judge sitting in his/her stead.

25(Only one hearing shall be set, regardless of the number of 
26Notices of Objection received on the same case).

 
 
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1A copy of this completed Notice of Objection containing the 
2court date, time, and location, has been sent via regular U.S. 
3Mail to the following entities. (If more than one Notice of 
4Objection is received on the same case, each one must be 
5completed with the court date, time and location and mailed to 
6the following entities):

7( ) Attorney, Public Defender or Minor;

8( ) State's Attorney's Office;
9( ) Prosecutor (other than State's Attorney's Office) charged 
10with the duty of prosecuting the offense sought to be expunged;
11( ) Department of Illinois State Police; and
12( ) Arresting agency or agencies.

13Date: ......
14Initials of Clerk completing this section: .....


15 (4) Upon entry of an order expunging records or files, the 
16offense, which
the records or files concern shall be treated as 
17if it never occurred. Law
enforcement officers and other public 
18offices and agencies shall properly reply
on inquiry that no 
19record or file exists with respect to the
person. The person 
20whose records are expunged shall not have to disclose the fact 
21of the records or any matter relating to the record on an 
22application for employment, credit, or other type of 
23application. 

24 (5) Records which have not been expunged remain are sealed, 
25and may be obtained
only under the provisions of Sections 
265-901, 5-905 and 5-915.

 
 
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1 (6) Nothing in this Section shall be construed to prohibit 
2the maintenance
of information relating to an offense after 
3records or files concerning the
offense have been expunged if 
4the information is kept in a manner that does not
enable 
5identification of the offender. This information may only be 
6used for
statistical and bona fide research purposes.
7 (7)(a) The State Appellate Defender shall establish, 
8maintain, and carry out, by December 31, 2004, a juvenile 
9expungement program
to provide information and assistance to 
10minors eligible to have their juvenile records expunged.

11 (b) The State Appellate Defender shall develop brochures, 
12pamphlets, and
other
materials in
printed form and through the 
13agency's World Wide Web site. The pamphlets and
other materials 
14shall
include at a minimum the following information:


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

4information packet that may be sent to eligible persons seeking 
5expungement of
their juvenile records,
which may include, but 
6is not limited to, a pre-printed expungement petition
with 
7instructions on how
to complete the petition and a pamphlet 
8containing information that would
assist individuals through

9the juvenile expungement process.
10 (d) The State Appellate Defender shall compile a statewide 
11list of volunteer
attorneys willing
to assist eligible 
12individuals through the juvenile expungement process.
13 (e) This Section shall be implemented from funds 
14appropriated by the General
Assembly to the State
Appellate 
15Defender
for this purpose. The State Appellate Defender shall 
16employ the necessary staff
and adopt the
necessary rules for 
17implementation of this Section.
18 (8)(a) Except with respect to law enforcement agencies, the 
19Department of Corrections, State's Attorneys, or other 
20prosecutors, an expunged juvenile record may not be considered 
21by any private or public entity in employment matters, 
22certification, licensing, revocation of certification or 
23licensure, or registration. Applications for employment must 
24contain specific language that states that the applicant is not 
25obligated to disclose expunged juvenile records of conviction 
26or arrest. Employers may not ask if an applicant has had a 
 
 
09700SB2777sam001- 23 -LRB097 16187 RLC 68022 a


1juvenile record expunged. Effective January 1, 2005, the 
2Department of Labor shall develop a link on the Department's 
3website to inform employers that employers may not ask if an 
4applicant had a juvenile record expunged and that application 
5for employment must contain specific language that states that 
6the applicant is not obligated to disclose expunged juvenile 
7records of arrest or conviction.
8 (b) A person whose juvenile records have been expunged is 
9not entitled to remission of any fines, costs, or other money 
10paid as a consequence of expungement. This amendatory Act of 
11the 93rd General Assembly does not affect the right of the 
12victim of a crime to prosecute or defend a civil action for 
13damages.

14 (c) The expungement of juvenile records under this Section 
155-622 shall be funded by the additional fine imposed under 
16Section 5-9-1.17 of the Unified Code of Corrections and 
17additional appropriations made by the General Assembly for such 
18purpose. 
19(Source: P.A. 95-861, eff. 1-1-09; 96-707, eff. 1-1-10.)


20 (705 ILCS 405/5-622 rep.)
21 Section 10. The Juvenile Court Act of 1987 is amended by 
22repealing Section 5-622.

23 Section 15. The Unified Code of Corrections is amended by 
24changing Section 5-9-1.17 as follows:

 
 
09700SB2777sam001- 24 -LRB097 16187 RLC 68022 a


1 (730 ILCS 5/5-9-1.17)
2 Sec. 5-9-1.17. Additional fine to fund expungement of 
3juvenile records.
4 (a) There shall be added to every penalty imposed in 
5sentencing for a criminal offense an additional fine of $30 to 
6be imposed upon a plea of guilty or finding of guilty resulting 
7in a judgment of conviction.
8 (b) Ten dollars of each such additional fine shall be 
9remitted to the State Treasurer for deposit into the State 
10Police Services Fund to be used to implement the expungement of 
11juvenile records as provided in Section 5-915 5-622 of the 
12Juvenile Court Act of 1987, $10 shall be paid to the State's 
13Attorney's Office that prosecuted the criminal offense, and $10 
14shall be retained by the Circuit Clerk for administrative costs 
15associated with the expungement of juvenile records and shall 
16be deposited into the Circuit Court Clerk Operation and 
17Administrative Fund. 

18(Source: P.A. 96-707, eff. 1-1-10; 96-1000, eff. 7-2-10.)

19 Section 20. The Illinois Human Rights Act is amended by 
20changing Section 2-103 as follows:



21 (775 ILCS 5/2-103) (from Ch. 68, par. 2-103)


22 Sec. 2-103. Arrest Record. 

23 (A) Unless otherwise authorized by law,
it is a civil 
 
 
09700SB2777sam001- 25 -LRB097 16187 RLC 68022 a


1rights violation for any
employer, employment agency or labor 
2organization to inquire
into or to use the fact of an arrest or 
3criminal history
record information
ordered expunged, sealed 
4or impounded under Section 5.2 of the Criminal
Identification 
5Act or ordered expunged under Section 5-915 of the Juvenile 
6Court Act of 1987 as a basis to
refuse to hire, to segregate, 
7or to act
with respect to recruitment, hiring, promotion, 
8renewal of employment,
selection for training or 
9apprenticeship, discharge, discipline, tenure or
terms, 
10privileges or conditions of employment. This Section
does not 
11prohibit a State agency, unit of local government or school

12district, or private organization from requesting or utilizing 
13sealed felony
conviction information obtained from the 
14Department of State Police under
the provisions of Section 3 of 
15the
Criminal Identification Act or under other State or federal 
16laws or regulations that require criminal background checks in 
17evaluating the qualifications
and character of an employee or a 
18prospective employee.

19 (B) The prohibition against the use of the fact of an 
20arrest contained in
this Section shall not be construed to 
21prohibit an employer, employment agency,
or labor organization 
22from obtaining or using other information which indicates
that 
23a person actually engaged in the conduct for which he or she 
24was
arrested.

25(Source: P.A. 96-409, eff. 1-1-10.)".