Rep. Elaine Nekritz
Filed: 3/21/2017
 
 


 




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1
AMENDMENT TO HOUSE BILL 3817




2 AMENDMENT NO. ______. Amend House Bill 3817, AS AMENDED, by 
3replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Juvenile Court Act of 1987 is amended by 
6changing Sections 1-7, 1-8, and 5-915 as follows:




7 (705 ILCS 405/1-7) (from Ch. 37, par. 801-7)


8 Sec. 1-7. Confidentiality of law enforcement and municipal 
9ordinance violation records. 

10 (A) All juvenile records which have not been expunged are 
11sealed and may never be disclosed to the general public or 
12otherwise made widely available. Sealed records may be obtained 
13only under this Section and Section 1-8 and 5-915 of this Act, 
14when their use is needed for good cause and with an order from 
15the juvenile court, as required by those not authorized to 
16retain them. Inspection and copying of law enforcement records 
 
 
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1maintained by law
enforcement agencies or records of municipal 
2ordinance violations maintained by any State, local, or 
3municipal agency that relate to a minor who has been 
4investigated, arrested, or taken
into custody before his or her 
518th birthday shall be restricted to the
following:

6  (1) Any local, State or federal law enforcement 
7 officers of any
jurisdiction or agency when necessary for 
8 the discharge of their official
duties during the 
9 investigation or prosecution of a crime or relating to a

10 minor who has been adjudicated delinquent and there has 
11 been a previous finding
that the act which constitutes the 
12 previous offense was committed in
furtherance of criminal 
13 activities by a criminal street gang, or, when necessary 
14 for the discharge of its official duties in connection with 
15 a particular investigation of the conduct of a law 
16 enforcement officer, an independent agency or its staff 
17 created by ordinance and charged by a unit of local 
18 government with the duty of investigating the conduct of 
19 law enforcement officers. For purposes of
this Section, 
20 "criminal street gang" has the meaning ascribed to it in

21 Section 10 of the Illinois Streetgang Terrorism Omnibus 
22 Prevention Act.

23  (2) Prosecutors, probation officers, social workers, 
24 or other
individuals assigned by the court to conduct a 
25 pre-adjudication or
pre-disposition investigation, and 
26 individuals responsible for supervising
or providing 
 
 
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1 temporary or permanent care and custody for minors pursuant 
2 to
the order of the juvenile court, when essential to 
3 performing their
responsibilities.

4  (3) Prosecutors and probation officers:

5   (a) in the course of a trial when institution of 
6 criminal proceedings
has been permitted or required 
7 under Section 5-805; or

8   (b) when institution of criminal proceedings has 
9 been permitted or required under Section 5-805 and such 
10 minor is the
subject
of a proceeding to determine the 
11 amount of bail; or

12   (c) when criminal proceedings have been permitted

13 or
required under Section 5-805 and such minor is the 
14 subject of a
pre-trial
investigation, pre-sentence 
15 investigation, fitness hearing, or proceedings
on an 
16 application for probation.

17  (4) Adult and Juvenile Prisoner Review Board.

18  (5) Authorized military personnel.

19  (6) Persons engaged in bona fide research, with the 
20 permission of the
Presiding Judge of the Juvenile Court and 
21 the chief executive of the respective
law enforcement 
22 agency; provided that publication of such research results

23 in no disclosure of a minor's identity and protects the 
24 confidentiality
of the minor's record.

25  (7) Department of Children and Family Services child 
26 protection
investigators acting in their official 
 
 
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1 capacity.

2  (8) The appropriate school official only if the agency 
3 or officer believes that there is an imminent threat of 
4 physical harm to students, school personnel, or others who 
5 are present in the school or on school grounds.
6    (A) Inspection and copying
shall be limited to law 
7 enforcement records transmitted to the appropriate

8 school official or officials whom the school has 
9 determined to have a legitimate educational or safety 
10 interest by a local law enforcement agency under a 
11 reciprocal reporting
system established and maintained 
12 between the school district and the local law

13 enforcement agency under Section 10-20.14 of the 
14 School Code concerning a minor
enrolled in a school 
15 within the school district who has been arrested or 
16 taken
into custody for any of the following offenses:

17    (i) any violation of Article 24 of the Criminal 
18 Code of
1961 or the Criminal Code of 2012;

19    (ii) a violation of the Illinois Controlled 
20 Substances Act;

21    (iii) a violation of the Cannabis Control Act;

22    (iv) a forcible felony as defined in Section 
23 2-8 of the Criminal Code
of 1961 or the Criminal 
24 Code of 2012;
25    (v) a violation of the Methamphetamine Control 
26 and Community Protection Act;


 
 
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1    (vi) a violation of Section 1-2 of the 
2 Harassing and Obscene Communications Act; 
3    (vii) a violation of the Hazing Act; or 
4    (viii) a violation of Section 12-1, 12-2, 
5 12-3, 12-3.05, 12-3.1, 12-3.2, 12-3.4, 12-3.5, 
6 12-5, 12-7.3, 12-7.4, 12-7.5, 25-1, or 25-5 of the 
7 Criminal Code of 1961 or the Criminal Code of 2012. 
8   The information derived from the law enforcement 
9 records shall be kept separate from and shall not 
10 become a part of the official school record of that 
11 child and shall not be a public record. The information 
12 shall be used solely by the appropriate school official 
13 or officials whom the school has determined to have a 
14 legitimate educational or safety interest to aid in the 
15 proper rehabilitation of the child and to protect the 
16 safety of students and employees in the school. If the 
17 designated law enforcement and school officials deem 
18 it to be in the best interest of the minor, the student 
19 may be referred to in-school or community based social 
20 services if those services are available. 
21 "Rehabilitation services" may include interventions by 
22 school support personnel, evaluation for eligibility 
23 for special education, referrals to community-based 
24 agencies such as youth services, behavioral healthcare 
25 service providers, drug and alcohol prevention or 
26 treatment programs, and other interventions as deemed 
 
 
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1 appropriate for the student. 
2   (B) Any information provided to appropriate school 
3 officials whom the school has determined to have a 
4 legitimate educational or safety interest by local law 
5 enforcement officials about a minor who is the subject 
6 of a current police investigation that is directly 
7 related to school safety shall consist of oral 
8 information only, and not written law enforcement 
9 records, and shall be used solely by the appropriate 
10 school official or officials to protect the safety of 
11 students and employees in the school and aid in the 
12 proper rehabilitation of the child. The information 
13 derived orally from the local law enforcement 
14 officials shall be kept separate from and shall not 
15 become a part of the official school record of the 
16 child and shall not be a public record. This limitation 
17 on the use of information about a minor who is the 
18 subject of a current police investigation shall in no 
19 way limit the use of this information by prosecutors in 
20 pursuing criminal charges arising out of the 
21 information disclosed during a police investigation of 
22 the minor. For purposes of this paragraph, 
23 "investigation" means an official systematic inquiry 
24 by a law enforcement agency into actual or suspected 
25 criminal activity. 
26  (9) Mental health professionals on behalf of the 
 
 
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1 Illinois Department of
Corrections or the Department of 
2 Human Services or prosecutors who are
evaluating, 
3 prosecuting, or investigating a potential or actual 
4 petition
brought
under the Sexually Violent Persons 
5 Commitment Act relating to a person who is
the
subject of 
6 juvenile law enforcement records or the respondent to a 
7 petition
brought under the Sexually Violent Persons 
8 Commitment Act who is the subject of
the
juvenile law 
9 enforcement records sought.
Any records and any 
10 information obtained from those records under this

11 paragraph (9) may be used only in sexually violent persons 
12 commitment
proceedings.

13  (10) The president of a park district. Inspection and 
14 copying shall be limited to law enforcement records 
15 transmitted to the president of the park district by the 
16 Illinois State Police under Section 8-23 of the Park 
17 District Code or Section 16a-5 of the Chicago Park District 
18 Act concerning a person who is seeking employment with that 
19 park district and who has been adjudicated a juvenile 
20 delinquent for any of the offenses listed in subsection (c) 
21 of Section 8-23 of the Park District Code or subsection (c) 
22 of Section 16a-5 of the Chicago Park District Act. 
23  (B)(1) Except as provided in paragraph (2), no law 
24 enforcement
officer or other person or agency may knowingly 
25 transmit to the Department of
Corrections or the Department 
26 of State Police or to the Federal
Bureau of Investigation 
 
 
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1 any fingerprint or photograph relating to a minor who
has 
2 been arrested or taken into custody before his or her 18th 
3 birthday,
unless the court in proceedings under this Act 
4 authorizes the transmission or
enters an order under 
5 Section 5-805 permitting or requiring the
institution of

6 criminal proceedings.

7  (2) Law enforcement officers or other persons or 
8 agencies shall transmit
to the Department of State Police 
9 copies of fingerprints and descriptions
of all minors who 
10 have been arrested or taken into custody before their
18th 
11 birthday for the offense of unlawful use of weapons under 
12 Article 24 of
the Criminal Code of 1961 or the Criminal 
13 Code of 2012, a Class X or Class 1 felony, a forcible 
14 felony as
defined in Section 2-8 of the Criminal Code of 
15 1961 or the Criminal Code of 2012, or a Class 2 or greater

16 felony under the Cannabis Control Act, the Illinois 
17 Controlled Substances Act, the Methamphetamine Control and 
18 Community Protection Act,
or Chapter 4 of the Illinois 
19 Vehicle Code, pursuant to Section 5 of the
Criminal 
20 Identification Act. Information reported to the Department 
21 pursuant
to this Section may be maintained with records 
22 that the Department files
pursuant to Section 2.1 of the 
23 Criminal Identification Act. Nothing in this
Act prohibits 
24 a law enforcement agency from fingerprinting a minor taken 
25 into
custody or arrested before his or her 18th birthday 
26 for an offense other than
those listed in this paragraph 
 
 
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1 (2).

2 (C) The records of law enforcement officers, or of an 
3independent agency created by ordinance and charged by a unit 
4of local government with the duty of investigating the conduct 
5of law enforcement officers, concerning all minors under
18 
6years of age must be maintained separate from the records of 
7arrests and
may not be open to public inspection or their 
8contents disclosed to the
public except by order of the court 
9presiding over matters pursuant to this Act or when the 
10institution of criminal
proceedings has been permitted or 
11required under Section
5-805 or such a person has been 
12convicted of a crime and is the
subject of
pre-sentence 
13investigation or proceedings on an application for probation
or 
14when provided by law. For purposes of obtaining documents under 
15pursuant to this Section, a civil subpoena is not an order of 
16the court.
17  (1) In cases where the law enforcement, or independent 
18 agency, records concern a pending juvenile court case, the 
19 party seeking to inspect the records shall provide actual 
20 notice to the attorney or guardian ad litem of the minor 
21 whose records are sought.
22  (2) In cases where the records concern a juvenile court 
23 case that is no longer pending, the party seeking to 
24 inspect the records shall provide actual notice to the 
25 minor or the minor's parent or legal guardian, and the 
26 matter shall be referred to the chief judge presiding over 
 
 
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1 matters pursuant to this Act.
2  (3) In determining whether the records should be 
3 available for inspection, the court shall consider the 
4 minor's interest in confidentiality and rehabilitation 
5 over the moving party's interest in obtaining the 
6 information. Any records obtained in violation of this 
7 subsection (C) shall not be admissible in any criminal or 
8 civil proceeding, or operate to disqualify a minor from 
9 subsequently holding public office or securing employment, 
10 or operate as a forfeiture of any public benefit, right, 
11 privilege, or right to receive any license granted by 
12 public authority.


13 (D) Nothing contained in subsection (C) of this Section 
14shall prohibit
the inspection or disclosure to victims and 
15witnesses of photographs
contained in the records of law 
16enforcement agencies when the
inspection and disclosure is 
17conducted in the presence of a law enforcement
officer for the 
18purpose of the identification or apprehension of any person

19subject to the provisions of this Act or for the investigation 
20or
prosecution of any crime.

21 (E) Law enforcement officers, and personnel of an 
22independent agency created by ordinance and charged by a unit 
23of local government with the duty of investigating the conduct 
24of law enforcement officers, may not disclose the identity of 
25any minor
in releasing information to the general public as to 
26the arrest, investigation
or disposition of any case involving 
 
 
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1a minor.

2 (F) Nothing contained in this Section shall prohibit law 
3enforcement
agencies from communicating with each other by 
4letter, memorandum, teletype or
intelligence alert bulletin or 
5other means the identity or other relevant
information 
6pertaining to a person under 18 years of age if there are

7reasonable grounds to believe that the person poses a real and 
8present danger
to the safety of the public or law enforcement 
9officers. The information
provided under this subsection (F) 
10shall remain confidential and shall not
be publicly disclosed, 
11except as otherwise allowed by law.

12 (G) Nothing in this Section shall prohibit the right of a 
13Civil Service
Commission or appointing authority of any state, 
14county or municipality
examining the character and fitness of 
15an applicant for employment with a law
enforcement agency, 
16correctional institution, or fire department
from obtaining 
17and examining the
records of any law enforcement agency 
18relating to any record of the applicant
having been arrested or 
19taken into custody before the applicant's 18th
birthday.

20 (H) The changes made to this Section by Public Act 98-61 
21apply to law enforcement records of a minor who has been 
22arrested or taken into custody on or after January 1, 2014 (the 
23effective date of Public Act 98-61). 
24 (I) Willful violation of this Section is a Class C 
25misdemeanor and each violation is subject to a fine of $1,000. 
26This subsection (I) shall not apply to the person who is the 
 
 
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1subject of the record.
2 (J) A person convicted of violating this Section is liable 
3for damages in the amount of $1,000 or actual damages, 
4whichever is greater. 
5(Source: P.A. 98-61, eff. 1-1-14; 98-756, eff. 7-16-14; 99-298, 
6eff. 8-6-15.)




7 (705 ILCS 405/1-8) (from Ch. 37, par. 801-8)



8 Sec. 1-8. Confidentiality and accessibility of juvenile 
9court records. 

10 (A) A juvenile adjudication shall never be considered a 
11conviction nor shall an adjudicated individual be considered a 
12criminal. Unless expressly allowed by law, a juvenile 
13adjudication shall not operate to impose upon the individual 
14any of the civil disabilities ordinarily imposed by or 
15resulting from conviction. Adjudications shall not prejudice 
16or disqualify the individual in any civil service application 
17or appointment, from holding public office, or from receiving 
18any license granted by public authority. All juvenile records 
19which have not been expunged are sealed and may never be 
20disclosed to the general public or otherwise made widely 
21available. Sealed records may be obtained only under this 
22Section and Section 1-7 and Section 5-915 of this Act, when 
23their use is needed for good cause and with an order from the 
24juvenile court, as required by those not authorized to retain 
25them. Inspection and copying of juvenile court records relating 
 
 
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1to a minor
who is the subject of a proceeding under this Act 
2shall be restricted to the
following:


3  (1) The minor who is the subject of record, his 
4 parents, guardian
and counsel.


5  (2) Law enforcement officers and law enforcement 
6 agencies when such
information is essential to executing an 
7 arrest or search warrant or other
compulsory process, or to 
8 conducting an ongoing investigation
or relating to a minor 
9 who
has been adjudicated delinquent and there has been a 
10 previous finding that
the act which constitutes the 
11 previous offense was committed in furtherance
of criminal 
12 activities by a criminal street gang.


13  Before July 1, 1994, for the purposes of this Section, 
14 "criminal street
gang" means any ongoing
organization, 
15 association, or group of 3 or more persons, whether formal 
16 or
informal, having as one of its primary activities the 
17 commission of one or
more criminal acts and that has a 
18 common name or common identifying sign,
symbol or specific 
19 color apparel displayed, and whose members individually
or 
20 collectively engage in or have engaged in a pattern of 
21 criminal activity.


22  Beginning July 1, 1994, for purposes of this Section, 
23 "criminal street
gang" has the meaning ascribed to it in 
24 Section 10 of the Illinois Streetgang
Terrorism Omnibus 
25 Prevention Act.


26  (3) Judges, hearing officers, prosecutors, probation 
 
 
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1 officers, social
workers or other
individuals assigned by 
2 the court to conduct a pre-adjudication or
predisposition 
3 investigation, and individuals responsible for supervising

4 or providing temporary or permanent care and custody for 
5 minors pursuant
to the order of the juvenile court when 
6 essential to performing their
responsibilities.


7  (4) Judges, prosecutors and probation officers:


8   (a) in the course of a trial when institution of 
9 criminal proceedings
has been permitted or required 
10 under Section 5-805; or


11   (b) when criminal proceedings have been permitted

12 or
required under Section 5-805 and a minor is the 
13 subject of a
proceeding to
determine the amount of 
14 bail; or


15   (c) when criminal proceedings have been permitted

16 or
required under Section 5-805 and a minor is the 
17 subject of a
pre-trial
investigation, pre-sentence 
18 investigation or fitness hearing, or
proceedings on an 
19 application for probation; or


20   (d) when a minor becomes 18 years of age or older, 
21 and is the subject
of criminal proceedings, including a 
22 hearing to determine the amount of
bail, a pre-trial 
23 investigation, a pre-sentence investigation, a fitness

24 hearing, or proceedings on an application for 
25 probation.


26  (5) Adult and Juvenile Prisoner Review Boards.


 
 
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1  (6) Authorized military personnel.


2  (7) Victims, their subrogees and legal 
3 representatives; however, such
persons shall have access 
4 only to the name and address of the minor and
information 
5 pertaining to the disposition or alternative adjustment 
6 plan
of the juvenile court.


7  (8) Persons engaged in bona fide research, with the 
8 permission of the
presiding judge of the juvenile court and 
9 the chief executive of the agency
that prepared the 
10 particular records; provided that publication of such

11 research results in no disclosure of a minor's identity and 
12 protects the
confidentiality of the record.


13  (9) The Secretary of State to whom the Clerk of the 
14 Court shall report
the disposition of all cases, as 
15 required in Section 6-204 of the Illinois
Vehicle Code. 
16 However, information reported relative to these offenses 
17 shall
be privileged and available only to the Secretary of 
18 State, courts, and police
officers.


19  (10) The administrator of a bonafide substance abuse 
20 student
assistance program with the permission of the 
21 presiding judge of the
juvenile court.


22  (11) Mental health professionals on behalf of the 
23 Illinois Department of
Corrections or the Department of 
24 Human Services or prosecutors who are
evaluating, 
25 prosecuting, or investigating a potential or actual 
26 petition
brought
under the Sexually Violent Persons 
 
 
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1 Commitment Act relating to a person who is the
subject of

2 juvenile court records or the respondent to a petition 
3 brought under
the
Sexually Violent Persons Commitment Act, 
4 who is the subject of juvenile
court records
sought. Any 
5 records and any information obtained from those records 
6 under this
paragraph (11) may be used only in sexually 
7 violent persons commitment
proceedings.

8 (A-1) Findings and exclusions of paternity entered in 
9proceedings occurring under Article II of this Act shall be 
10disclosed, in a manner and form approved by the Presiding Judge 
11of the Juvenile Court, to the Department of Healthcare and 
12Family Services when necessary to discharge the duties of the 
13Department of Healthcare and Family Services under Article X of 
14the Illinois Public Aid Code. 
15 (B) A minor who is the victim in a juvenile proceeding 
16shall be
provided the same confidentiality regarding 
17disclosure of identity as the
minor who is the subject of 
18record.

19 (C) Juvenile Except as otherwise provided in this 
20subsection (C), juvenile court
records shall not be made 
21available to the general public. Subject to the limitations in 
22paragraphs (0.1) through (0.4) of this subsection (C), the 
23judge presiding over a juvenile court proceeding brought under 
24this Act, in his or her discretion, may order that juvenile 
25court records of an individual case be made available for 
26inspection upon request by a representative of an agency, 
 
 
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1association, or news media entity or by a properly interested 
2person. For purposes of inspecting documents under this Section 
3subsection (C), a civil subpoena is not an order of the court.

4  (0.1) In cases where the records concern a pending 
5 juvenile court case, the requesting party seeking to 
6 inspect the juvenile court records shall provide actual 
7 notice to the attorney or guardian ad litem of the minor 
8 whose records are sought.
9  (0.2) In cases where the records concern a juvenile 
10 court case that is no longer pending, the requesting party 
11 seeking to inspect the juvenile court records shall provide 
12 actual notice to the minor or the minor's parent or legal 
13 guardian, and the matter shall be referred to the chief 
14 judge presiding over matters pursuant to this Act.
15  (0.3) In determining whether records should be made 
16 available for inspection and whether inspection should be 
17 limited to certain parts of the file, the court shall 
18 consider the minor's interest in confidentiality and 
19 rehabilitation over the requesting party's interest in 
20 obtaining the information. The State's Attorney, the 
21 minor, and the minor's parents, guardian, and counsel shall 
22 at all times have the right to examine court files and 
23 records.
24  (0.4) Any records obtained in violation of this Section 
25 subsection (C) shall not be admissible in any criminal or 
26 civil proceeding, or operate to disqualify a minor from 
 
 
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1 subsequently holding public office, or operate as a 
2 forfeiture of any public benefit, right, privilege, or 
3 right to receive any license granted by public authority.



4  (1) The
court shall allow the general public to have 
5 access to the name, address, and offense of a minor
who is 
6 adjudicated a delinquent minor under this Act under either 
7 of the
following circumstances:


8   (A) The
adjudication of
delinquency was based upon 
9 the
minor's
commission of first degree murder, attempt 
10 to commit first degree
murder, aggravated criminal 
11 sexual assault, or criminal sexual assault; or


12   (B) The court has made a finding that the minor was 
13 at least 13 years of
age
at the time the act was 
14 committed and the adjudication of delinquency was 
15 based
upon the minor's commission of: (i)
an act in 
16 furtherance of the commission of a felony as a member 
17 of or on
behalf of a criminal street
gang, (ii) an act 
18 involving the use of a firearm in the commission of a

19 felony, (iii) an act that would be a Class X felony 
20 offense
under or
the minor's second or subsequent
Class 
21 2 or greater felony offense under the Cannabis Control 
22 Act if committed by an adult,
(iv) an act that would be 
23 a second or subsequent offense under Section 402 of
the 
24 Illinois Controlled Substances Act if committed by an 
25 adult, (v) an act
that would be an offense under 
26 Section 401 of the Illinois Controlled
Substances Act 
 
 
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1 if committed by an adult, (vi) an act that would be a 
2 second or subsequent offense under Section 60 of the 
3 Methamphetamine Control and Community Protection Act, 
4 or (vii) an act that would be an offense under another 
5 Section of the Methamphetamine Control and Community 
6 Protection Act.


7  (2) The court
shall allow the general public to have 
8 access to the name, address, and offense of a minor who is 
9 at least 13 years of age at
the time the offense
is 
10 committed and who is convicted, in criminal proceedings

11 permitted or required under Section 5-4, under either of 
12 the following
circumstances:


13   (A) The minor has been convicted of first degree 
14 murder, attempt
to commit first degree
murder, 
15 aggravated criminal sexual
assault, or criminal sexual 
16 assault,


17   (B) The court has made a finding that the minor was 
18 at least 13 years
of age
at the time the offense was 
19 committed and the conviction was based upon the
minor's 
20 commission of: (i)
an offense in
furtherance of the 
21 commission of a felony as a member of or on behalf of a

22 criminal street gang, (ii) an offense
involving the use 
23 of a firearm in the commission of a felony, (iii)
a 
24 Class X felony offense under or a second or subsequent 
25 Class 2 or
greater felony offense under the Cannabis 
26 Control Act, (iv) a
second or subsequent offense under 
 
 
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1 Section 402 of the Illinois
Controlled Substances Act, 
2 (v) an offense under Section 401 of the Illinois

3 Controlled Substances Act, (vi) an act that would be a 
4 second or subsequent offense under Section 60 of the 
5 Methamphetamine Control and Community Protection Act, 
6 or (vii) an act that would be an offense under another 
7 Section of the Methamphetamine Control and Community 
8 Protection Act.

9 (D) Pending or following any adjudication of delinquency 
10for
any offense defined
in Sections 11-1.20 through 11-1.60 or 
1112-13 through 12-16 of the Criminal Code of 1961 or the 
12Criminal Code of 2012,
the victim of any such offense shall 
13receive the
rights set out in Sections 4 and 6 of the Bill of

14Rights for Victims and Witnesses of Violent Crime Act; and the

15juvenile who is the subject of the adjudication, 
16notwithstanding any other
provision of this Act, shall be 
17treated
as an adult for the purpose of affording such rights to 
18the victim.

19 (E) Nothing in this Section shall affect the right of a 
20Civil Service
Commission or appointing authority of any state, 
21county or municipality
examining the character and fitness of

22an applicant for employment with a law enforcement
agency, 
23correctional institution, or fire department to
ascertain

24whether that applicant was ever adjudicated to be a delinquent 
25minor and,
if so, to examine the records of disposition or 
26evidence which were made in
proceedings under this Act.

 
 
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1 (F) Following any adjudication of delinquency for a crime 
2which would be
a felony if committed by an adult, or following 
3any adjudication of delinquency
for a violation of Section 
424-1, 24-3, 24-3.1, or 24-5
of the Criminal Code of 1961 or the 
5Criminal Code of 2012, the State's Attorney shall ascertain

6whether the minor respondent is enrolled in school and, if so, 
7shall provide
a copy of the dispositional order to the 
8principal or chief administrative
officer of the school. Access 
9to such juvenile records shall be limited
to the principal or 
10chief administrative officer of the school and any guidance

11counselor designated by him.

12 (G) Nothing contained in this Act prevents the sharing or

13disclosure of information or records relating or pertaining to 
14juveniles
subject to the provisions of the Serious Habitual 
15Offender Comprehensive
Action Program when that information is 
16used to assist in the early
identification and treatment of 
17habitual juvenile offenders.

18 (H) When a Court hearing a proceeding under Article II of 
19this Act becomes
aware that an earlier proceeding under Article 
20II had been heard in a different
county, that Court shall 
21request, and the Court in which the earlier
proceedings were 
22initiated shall transmit, an authenticated copy of the Court

23record, including all documents, petitions, and orders filed 
24therein and the
minute orders, transcript of proceedings, and 
25docket entries of the Court.

26 (I) The Clerk of the Circuit Court shall report to the 
 
 
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1Department of
State
Police, in the form and manner required by 
2the Department of State Police, the
final disposition of each 
3minor who has been arrested or taken into custody
before his or 
4her 18th birthday for those offenses required to be reported

5under Section 5 of the Criminal Identification Act. Information 
6reported to
the Department under this Section may be maintained 
7with records that the
Department files under Section 2.1 of the 
8Criminal Identification Act.

9 (J) The changes made to this Section by Public Act 98-61 
10apply to law enforcement records of a minor who has been 
11arrested or taken into custody on or after January 1, 2014 (the 
12effective date of Public Act 98-61). 
13 (K) Willful violation of this Section is a Class C 
14misdemeanor and each violation is subject to a fine of $1,000. 
15This subsection (K) shall not apply to the person who is the 
16subject of the record.
17 (L) A person convicted of violating this Section is liable 
18for damages in the amount of $1,000 or actual damages, 
19whichever is greater. 
20(Source: P.A. 97-813, eff. 7-13-12; 97-1150, eff. 1-25-13; 
2198-61, eff. 1-1-14; 98-552, eff. 8-27-13; 98-756, eff. 
227-16-14.)




23 (705 ILCS 405/5-915)

24 Sec. 5-915. Expungement of juvenile law enforcement and 
25court records. 

 
 
10000HB3817ham002- 23 -LRB100 11385 SLF 23715 a


1 (0.05) For purposes of this Section and Section 5-622:
2  "Dissemination" or "disseminate" means to publish, 
3 produce, print, manufacture, distribute, sell, lease, 
4 exhibit, broadcast, display, transmit, or otherwise share 
5 information in any format so as to make the information 
6 accessible to others. 
7  "Expunge" means to physically destroy the records and 
8 to obliterate the minor's name and juvenile court records 
9 from any official index, or public record, or electronic 
10 database both. No evidence of the juvenile court records 
11 may be retained by any law enforcement agency, the juvenile 
12 court, or by any municipal, county, or State agency or 
13 department. Nothing in this Act shall require the physical 
14 destruction of the internal office records, files, or 
15 databases maintained by a State's Attorney's Office or 
16 other prosecutor.
17  "Juvenile court record" includes, but is not limited 
18 to:
19   (a) all documents filed in or maintained by the 
20 juvenile court pertaining to a specific incident, 
21 proceeding, or individual;
22   (b) all documents relating to a specific incident, 
23 proceeding, or individual made available to or maintained 
24 by probation officers;
25   (c) all documents, video or audio tapes, 
26 photographs, and exhibits admitted into evidence at 
 
 
10000HB3817ham002- 24 -LRB100 11385 SLF 23715 a


1 juvenile court hearings; or
2   (d) all documents, transcripts, records, reports 
3 or other evidence prepared by, maintained by, or released 
4 by any municipal, county, or state agency or department, in 
5 any format, if indicating involvement with the juvenile 
6 court relating to a specific incident, proceeding, or 
7 individual. 
8  "Law enforcement record" includes but is not limited to 
9 records  of arrest, station adjustments, fingerprints, 
10 probation adjustments, the issuance of a notice to appear, 
11 or any other records or documents maintained by any a law 
12 enforcement agency relating to a minor suspected of 
13 committing an offense or evidence of interaction with law 
14 enforcement. 
15 (0.1) (a) The Department of State Police and all law 
16enforcement agencies within the State shall automatically 
17expunge, on or before January 1 of each year, all law 
18enforcement records relating to events occurring before an 
19individual's 18th birthday if:
20  (1) one year or more has elapsed since the date of the 
21 arrest or law enforcement interaction documented in the 
22 records;
23  (2) no petition for delinquency or criminal charges 
24 were filed with the clerk of the circuit court relating to 
25 the arrest or law enforcement interaction documented in the 
26 records; and
 
 
10000HB3817ham002- 25 -LRB100 11385 SLF 23715 a


1  (3) 6 months have elapsed without an additional 
2 subsequent arrest or filing of a petition for delinquency 
3 or criminal charges whether related or not to the arrest or 
4 law enforcement interaction documented in the records.
5 (b) If the law enforcement agency is unable to verify 
6satisfaction of conditions (2) and (3) of this subsection 
7(0.1), records that satisfy condition (1) of this subsection 
8(0.1) shall be automatically expunged if the records relate to 
9an offense that if committed by an adult would not be an 
10offense classified as Class 2 felony or higher, an offense 
11under Article 11 of the Criminal Code of 1961 or Criminal Code 
12of 2012, or an offense under 12-13, 12-14, 12-14.1, 12-15, or 
1312-16 of the Criminal Code of 1961. 
14 (0.2) (a) Upon dismissal of a petition alleging delinquency 
15or upon a finding of not delinquent, the successful termination 
16of an order of supervision, or an adjudication for an offense 
17which would be a Class B misdemeanor, Class C misdemeanor, or a 
18petty or business offense if committed by an adult, the court 
19shall automatically order the expungement of the juvenile court 
20and law enforcement records within 5 business days.
21 (b) If the chief law enforcement officer of the agency, or 
22his or her designee, certifies in writing that certain 
23information is needed for a pending investigation involving the 
24commission of a felony, that information, and information 
25identifying the juvenile, may be retained in an intelligence 
26file until the investigation is terminated or for one 
 
 
10000HB3817ham002- 26 -LRB100 11385 SLF 23715 a


1additional year, whichever is sooner. Retention of a portion of 
2a juvenile's law enforcement record does not disqualify the 
3remainder of his or her record from immediate automatic 
4expungement.
5 (0.3) (a) Upon an adjudication of delinquency based on any 
6offense except first degree murder, the juvenile court shall 
7automatically order the expungement of the juvenile records 2 
8years after the juvenile's case was closed if no delinquency or 
9criminal proceeding is pending and the person has had no 
10subsequent delinquency adjudication or criminal conviction. 
11The court shall automatically order the expungement of the 
12juvenile court and law enforcement records within 5 business 
13days.
14 (b) If the chief law enforcement officer of the agency, or 
15his or her designee, certifies in writing that certain 
16information is needed for a pending investigation involving the 
17commission of a felony, that information, and information 
18identifying the juvenile, may be retained in an intelligence 
19file until the investigation is terminated or for one 
20additional year, whichever is sooner. Retention of a portion of 
21a juvenile's law enforcement record does not disqualify the 
22remainder of his or her record from immediate automatic 
23expungement. 
24 (1) Nothing in this subsection (1) precludes an eligible 
25minor from obtaining expungement under subsections (0.1), 
26(0.2), or (0.3). Whenever a person has been arrested, charged, 
 
 
10000HB3817ham002- 27 -LRB100 11385 SLF 23715 a


1or adjudicated delinquent for an incident occurring before his 
2or her 18th birthday that if committed by an adult would be an 
3offense, and that person's records are not eligible for 
4automatic expungement under subsections (0.1), (0.2), or 
5(0.3), the
person may petition the court at any time for 
6expungement of law
enforcement records and juvenile court 
7records relating to the incident and upon termination of all 
8juvenile
court proceedings relating to that incident, the court 
9shall order the expungement of all records in the possession of 
10the Department of State Police, the clerk of the circuit court, 
11and law enforcement agencies relating to the incident, but only 
12in any of the following circumstances:

13  (a) the minor was arrested and no petition for 
14 delinquency was filed with
the clerk of the circuit court;
15  (a-5) the minor was charged with an offense and the 
16 petition or petitions were dismissed without a finding of 
17 delinquency; 

18  (b) the minor was charged with an offense and was found 
19 not delinquent of
that offense;

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

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

26 (1.5) (Blank). Commencing 180 days after the effective date 
 
 
10000HB3817ham002- 28 -LRB100 11385 SLF 23715 a


1of this amendatory Act of the 98th General Assembly, the 
2Department of State Police shall automatically expunge, on or 
3before January 1 of each year, a person's law enforcement 
4records which are not subject to subsection (1) relating to 
5incidents occurring before his or her 18th birthday in the 
6Department's possession or control and which contains the final 
7disposition which pertain to the person when arrested as a 
8minor if:

9  (a) the minor was arrested for an eligible offense and 
10 no petition for delinquency was filed with the clerk of the 
11 circuit court; and
12  (b) the person attained the age of 18 years during the 
13 last calendar year; and 
14  (c) since the date of the minor's most recent arrest, 
15 at least 6 months have elapsed without an additional 
16 arrest, filing of a petition for delinquency whether 
17 related or not to a previous arrest, or filing of charges 
18 not initiated by arrest.
19 The Department of State Police shall allow a person to use 
20the Access and Review process, established in the Department of 
21State Police, for verifying that his or her law enforcement 
22records relating to incidents occurring before his or her 18th 
23birthday eligible under this subsection have been expunged as 
24provided in subsection (0.1) of this Section this subsection. 
25 The Department of State Police shall provide by rule the 
26process for access, review, and automatic expungement. 
 
 
10000HB3817ham002- 29 -LRB100 11385 SLF 23715 a


1 (1.6) (Blank). Commencing on the effective date of this 
2amendatory Act of the 98th General Assembly, a person whose law 
3enforcement records are not subject to subsection (1) or (1.5) 
4of this Section and who has attained the age of 18 years may 
5use the Access and Review process, established in the 
6Department of State Police, for verifying his or her law 
7enforcement records relating to incidents occurring before his 
8or her 18th birthday in the Department's possession or control 
9which pertain to the person when arrested as a minor, if the 
10incident occurred no earlier than 30 years before the effective 
11date of this amendatory Act of the 98th General Assembly. If 
12the person identifies a law enforcement record of an eligible 
13offense that meets the requirements of this subsection, 
14paragraphs (a) and (c) of subsection (1.5) of this Section, and 
15all juvenile court proceedings related to the person have been 
16terminated, the person may file a Request for Expungement of 
17Juvenile Law Enforcement Records, in the form and manner 
18prescribed by the Department of State Police, with the 
19Department and the Department shall consider expungement of the 
20record as otherwise provided for automatic expungement under 
21subsection (1.5) of this Section. The person shall provide 
22notice and a copy of the Request for Expungement of Juvenile 
23Law Enforcement Records to the arresting agency, prosecutor 
24charged with the prosecution of the minor, or the State's 
25Attorney of the county that prosecuted the minor. The 
26Department of State Police shall provide by rule the process 
 
 
10000HB3817ham002- 30 -LRB100 11385 SLF 23715 a


1for access, review, and Request for Expungement of Juvenile Law 
2Enforcement Records. 
3 (1.7) (Blank). Nothing in subsections (1.5) and (1.6) of 
4this Section precludes a person from filing a petition under 
5subsection (1) for expungement of records subject to automatic 
6expungement under that subsection (1) or subsection (1.5) or 
7(1.6) of this Section.
8 (1.8) (Blank). For the purposes of subsections (1.5) and 
9(1.6) of this Section, "eligible offense" means records 
10relating to an arrest or incident occurring before the person's 
1118th birthday that if committed by an adult is not an offense 
12classified as a Class 2 felony or higher offense, an offense 
13under Article 11 of the Criminal Code of 1961 or the Criminal 
14Code of 2012, or an offense under Section 12-13, 12-14, 
1512-14.1, 12-15, or 12-16 of the Criminal Code of 1961. 
16 (2) Any person whose delinquency adjudications are not 
17eligible for automatic expungement under subsection (0.3) of 
18this Section may petition the court to expunge all law 
19enforcement records
relating to any
incidents occurring before 
20his or her 18th birthday which did not result in
proceedings in 
21criminal court and all juvenile court records with respect to

22any adjudications except those based upon first degree
murder: 
23and
sex offenses which would be felonies if committed by an 
24adult, if the person
for whom expungement is sought has had no

25convictions for any crime since his or her 18th birthday and:

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

 
 
10000HB3817ham002- 31 -LRB100 11385 SLF 23715 a


1  (b) 2 5 years have elapsed since all juvenile court 
2 proceedings relating to
him or her have been terminated and 
3 or his or her commitment to the Department of
Juvenile 
4 Justice
under pursuant to this Act has been terminated. ;

5whichever is later of (a) or (b). Nothing in this Section 5-915 
6precludes a minor from obtaining expungement under Section 
75-622. 
8 (2.5) If a minor is arrested and no petition for 
9delinquency is filed with the clerk of the circuit court as 
10provided in paragraph (a) of subsection (1) at the time the 
11minor is released from custody, the youth officer, if 
12applicable, or other designated person from the arresting 
13agency, shall notify verbally and in writing to the minor or 
14the minor's parents or guardians that the minor has a right to 
15petition to have his or her arrest record expunged when all 
16juvenile court proceedings relating to that minor have been 
17terminated and that unless a petition to expunge is filed, the 
18minor shall have an arrest record and shall provide the minor 
19and the minor's parents or guardians with an expungement 
20information packet, information regarding this State's 
21expungement laws including a petition to expunge juvenile 
22records obtained from the clerk of the circuit court.
23 (2.6) If a minor is referred to court charged with an 
24offense and is found not delinquent of that offense; or if a 
25minor is placed under supervision under Section 5-615, and the 
26order of supervision is successfully terminated; or if a minor 
 
 
10000HB3817ham002- 32 -LRB100 11385 SLF 23715 a


1is adjudicated for an offense that would be a Class B 
2misdemeanor, a Class C misdemeanor, or a business or petty 
3offense if committed by an adult; or if a minor has incidents 
4occurring before his or her 18th birthday that have not 
5resulted in proceedings in criminal court, or resulted in 
6proceedings in juvenile court, and the adjudications were not 
7based upon first degree murder or sex offenses that would be 
8felonies if committed by an adult; then at the time of 
9sentencing or dismissal of the case, or successful completion 
10of supervision, the judge shall inform the delinquent minor of 
11his or her rights regarding expungement right to petition for 
12expungement as provided by law, and the clerk of the circuit 
13court shall provide an expungement information packet to the 
14delinquent minor, written in plain language, including 
15information regarding this State's expungement laws and a 
16petition for expungement, a sample of a completed petition, 
17expungement instructions that shall include information 
18informing the minor that (i) once the case is expunged, it 
19shall be treated as if it never occurred, (ii) he or she may 
20apply to have petition fees waived, (iii) once he or she 
21obtains an expungement, he or she may not be required to 
22disclose that he or she had a juvenile record, and (iv) if 
23petitioning he or she may file the petition on his or her own 
24or with the assistance of an attorney. The failure of the judge 
25to inform the delinquent minor of his or her right to petition 
26for expungement as provided by law does not create a 
 
 
10000HB3817ham002- 33 -LRB100 11385 SLF 23715 a


1substantive right, nor is that failure grounds for: (i) a 
2reversal of an adjudication of delinquency, (ii) a new trial; 
3or (iii) an appeal.
4 (2.7) (Blank). For counties with a population over 
53,000,000, the clerk of the circuit court shall send a 
6"Notification of a Possible Right to Expungement" post card to 
7the minor at the address last received by the clerk of the 
8circuit court on the date that the minor attains the age of 18 
9based on the birthdate provided to the court by the minor or 
10his or her guardian in cases under paragraphs (b), (c), and (d) 
11of subsection (1); and when the minor attains the age of 21 
12based on the birthdate provided to the court by the minor or 
13his or her guardian in cases under subsection (2).
14 (2.8) The petition for expungement for subsection (1) and 
15(2) may include multiple offenses on the same petition and 
16shall be substantially in the following form:
17
IN THE CIRCUIT COURT OF ......, ILLINOIS
 

18
........ JUDICIAL CIRCUIT



19IN THE INTEREST OF ) NO.

20 )

21 )

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

23(Name of Petitioner)

24
PETITION TO EXPUNGE JUVENILE RECORDS
 
 
10000HB3817ham002- 34 -LRB100 11385 SLF 23715 a


1
(705 ILCS 405/5-915 (SUBSECTION 1  AND 2 ))
2Now comes ............., petitioner, and respectfully requests

3that this Honorable Court enter an order expunging all juvenile 
4law enforcement and court records of petitioner and in support 
5thereof states that:
Petitioner has attained the age of ...., 
6his/her birth date being ......, or all
Juvenile Court 
7proceedings terminated as of ......, whichever occurred later.

8Petitioner was arrested on ..... by the ....... Police 
9Department for the offense or offenses of ......., and:

10(Check All That Apply:)

11( ) a. no petition or petitions were filed with the Clerk of 
12the Circuit Court.
13( ) b. was charged with ...... and was found not delinquent
of 
14the offense or offenses.
15( ) c. a petition or petitions were filed and the petition or 
16petitions were dismissed without a finding of delinquency on 
17.....
18( ) d. on ....... placed under supervision pursuant to Section 
195-615 of the Juvenile Court Act of 1987 and such order of 
20supervision successfully terminated on ........
21( ) e. was adjudicated for the offense or offenses, which would 
22have been a Class B misdemeanor, a Class C misdemeanor, or a 
23petty offense or business offense if committed by an adult.
24( ) f. was adjudicated for a Class A misdemeanor or felony, 
25except first degree murder, and 2 years have passed since the 
26adjudication. 

 
 
10000HB3817ham002- 35 -LRB100 11385 SLF 23715 a


1Petitioner .... has .... has not been arrested on charges in 
2this or any county other than the charges listed above. If 
3petitioner has been arrested on additional charges, please list 
4the charges below:

5Charge(s): ......
6Arresting Agency or Agencies: ...........
7Disposition/Result: (choose from a. through e., above): .....

8WHEREFORE, the petitioner respectfully requests this Honorable 
9Court to (1) order all law enforcement agencies to expunge all 
10records of petitioner to this incident or incidents, and (2) to 
11order the Clerk of the Court to expunge all records concerning 
12the petitioner regarding this incident or incidents.

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

14
Petitioner (Signature)




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



16
Petitioner's Street Address


17
.....................



18
City, State, Zip Code


19
.............................
20
Petitioner's Telephone Number


21Pursuant to the penalties of perjury under the Code of Civil 
 
 
10000HB3817ham002- 36 -LRB100 11385 SLF 23715 a


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

4
......................
5
Petitioner (Signature)

6The Petition for Expungement for subsection (2) shall be 
7substantially in the following form:

8
IN THE CIRCUIT COURT OF ........, ILLINOIS
9
........ JUDICIAL CIRCUIT


10IN THE INTEREST OF ) NO.

11 )

12 )

13...................)

14(Name of Petitioner)

15
PETITION TO EXPUNGE JUVENILE RECORDS
 

16
(705 ILCS 405/5-915 (SUBSECTION 2)) 

17
(Please prepare a separate petition for each offense) 

18Now comes ............, petitioner, and respectfully requests 
19that this Honorable Court enter an order expunging all Juvenile 
20Law Enforcement and Court records of petitioner and in support 
21thereof states that:
22The incident for which the Petitioner seeks expungement 
 
 
10000HB3817ham002- 37 -LRB100 11385 SLF 23715 a


1occurred before the Petitioner's 18th birthday and did not 
2result in proceedings in criminal court and the Petitioner has 
3not had any convictions for any crime since his/her 18th 
4birthday; and

5The incident for which the Petitioner seeks expungement 
6occurred before the Petitioner's 18th birthday and the 
7adjudication was not based upon first-degree murder or sex 
8offenses which would be felonies if committed by an adult, and 
9the Petitioner has not had any convictions for any crime since 
10his/her 18th birthday.
11Petitioner was arrested on ...... by the ....... Police 
12Department for the offense of ........, and:
13(Check whichever one occurred the latest:)
14( ) a. The Petitioner has attained the age of 21 years, his/her 
15birthday being .......; or
16( ) b. 5 years have elapsed since all juvenile court 
17proceedings relating to the Petitioner have been terminated; or 
18the Petitioner's commitment to the Department of Juvenile 
19Justice
pursuant to the expungement of juvenile law enforcement 
20and court records provisions of the Juvenile Court Act of 1987 
21has been terminated.
Petitioner ...has ...has not been arrested 
22on charges in this or any other county other than the charge 
23listed above. If petitioner has been arrested on additional 
24charges, please list the charges below:
25Charge(s): ..........
26Arresting Agency or Agencies: .......
 
 
10000HB3817ham002- 38 -LRB100 11385 SLF 23715 a


1Disposition/Result: (choose from a or b, above): ..........
2WHEREFORE, the petitioner respectfully requests this Honorable 
3Court to (1) order all law enforcement agencies to expunge all 
4records of petitioner related to this incident, and (2) to 
5order the Clerk of the Court to expunge all records concerning 
6the petitioner regarding this incident.

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


8
Petitioner (Signature)


9
......................
10
Petitioner's Street Address




11
.....................
12
City, State, Zip Code
13
.............................
14
Petitioner's Telephone Number



15Pursuant to the penalties of perjury under the Code of Civil 
16Procedure, 735 ILCS 5/1-109, I hereby certify that the 
17statements in this petition are true and correct, or on 
18information and belief I believe the same to be true.
19
......................
20
Petitioner (Signature)


21 (3) The chief judge of the circuit in which an arrest was 
22made or a charge
was brought or any
judge of that circuit 
 
 
10000HB3817ham002- 39 -LRB100 11385 SLF 23715 a


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

21days of the notice, the court may enter an order granting 
22expungement. The clerk shall forward a certified copy of the 
23order to the Department of State Police and deliver a certified 
24copy of the order to the arresting agency.

25 (3.1) The Notice of Expungement shall be in substantially 
26the following form:
 
 
10000HB3817ham002- 40 -LRB100 11385 SLF 23715 a


1
IN THE CIRCUIT COURT OF ....., ILLINOIS

2
.... JUDICIAL CIRCUIT



3IN THE INTEREST OF ) NO.

4 )

5 )

6...................)

7(Name of Petitioner)

8
NOTICE

9TO: State's Attorney

10TO: Arresting Agency

11

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

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

14

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

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

17TO: Illinois State Police

18

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

20

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


22ATTENTION: Expungement

23You are hereby notified that on ....., at ....., in courtroom 
24..., located at ..., before the Honorable ..., Judge, or any 
 
 
10000HB3817ham002- 41 -LRB100 11385 SLF 23715 a


1judge sitting in his/her stead, I shall then and there present 
2a Petition to Expunge Juvenile records in the above-entitled 
3matter, at which time and place you may appear.
4
......................
5
Petitioner's Signature
6
...........................

7
Petitioner's Street Address
8
.....................


9
City, State, Zip Code
10
.............................
11
Petitioner's Telephone Number
12
PROOF OF SERVICE

13On the ....... day of ......, 20..., I on oath state that I 
14served this notice and true and correct copies of the 
15above-checked documents by:
16(Check One:)
17delivering copies personally to each entity to whom they are 
18directed;
19or
20by mailing copies to each entity to whom they are directed by 
21depositing the same in the U.S. Mail, proper postage fully 
22prepaid, before the hour of 5:00 p.m., at the United States 
23Postal Depository located at .................
24
.........................................


25

26Signature
 
 
10000HB3817ham002- 42 -LRB100 11385 SLF 23715 a


1
Clerk of the Circuit Court or Deputy Clerk
2Printed Name of Delinquent Minor/Petitioner: ....
3Address: ........................................
4Telephone Number: ...............................
5 (3.2) The Order of Expungement shall be in substantially 
6the following form:
7
IN THE CIRCUIT COURT OF ....., ILLINOIS

8
.... JUDICIAL CIRCUIT



9IN THE INTEREST OF ) NO.

10 )

11 )

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

13(Name of Petitioner)


14DOB ................
15Arresting Agency/Agencies ......
16
ORDER OF EXPUNGEMENT

17
(705 ILCS 405/5-915 (SUBSECTION 3))



18This matter having been heard on the petitioner's motion and 
19the court being fully advised in the premises does find that 
20the petitioner is indigent or has presented reasonable cause to 
21waive all costs in this matter, IT IS HEREBY ORDERED that:
22 ( ) 1. Clerk of Court and Department of State Police costs 
23are hereby waived in this matter.
24 ( ) 2. The Illinois State Police Bureau of Identification 
 
 
10000HB3817ham002- 43 -LRB100 11385 SLF 23715 a


1and the following law enforcement agencies expunge all records 
2of petitioner relating to an arrest dated ...... for the 
3offense of ......
4
Law Enforcement Agencies:

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

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

7 ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit 
8Court expunge all records regarding the above-captioned case.
9
ENTER: ......................

10

11JUDGE
12DATED: .......
13Name:

14Attorney for:

15Address:
City/State/Zip:

16Attorney Number:
17 (3.3) The Notice of Objection shall be in substantially the 
18following form:
19
IN THE CIRCUIT COURT OF ....., ILLINOIS

20
....................... JUDICIAL CIRCUIT



21IN THE INTEREST OF ) NO.

22 )

23 )

24...................)

25(Name of Petitioner)

 
 
10000HB3817ham002- 44 -LRB100 11385 SLF 23715 a


1
NOTICE OF OBJECTION

2TO:(Attorney, Public Defender, Minor)

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

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

5TO:(Illinois State Police)

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

7.................................
8TO:(Clerk of the Court)

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

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

11TO:(Judge)

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

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

14TO:(Arresting Agency/Agencies)

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

16.................................
17ATTENTION:
You are hereby notified that an objection has been 
18filed by the following entity regarding the above-named minor's 
19petition for expungement of juvenile records:
20( ) State's Attorney's Office;

21( ) Prosecutor (other than State's Attorney's Office) charged 
22with the duty of prosecuting the offense sought to be expunged;

23( ) Department of Illinois State Police; or

24( ) Arresting Agency or Agencies.

25The agency checked above respectfully requests that this case 
 
 
10000HB3817ham002- 45 -LRB100 11385 SLF 23715 a


1be continued and set for hearing on whether the expungement 
2should or should not be granted.

3DATED: .......
4Name:
5Attorney For:

6Address:
7City/State/Zip:

8Telephone:

9Attorney No.: 

10
FOR USE BY CLERK OF THE COURT PERSONNEL ONLY



11This matter has been set for hearing on the foregoing 
12objection, on ...... in room ...., located at ....., before the 
13Honorable ....., Judge, or any judge sitting in his/her stead.

14(Only one hearing shall be set, regardless of the number of 
15Notices of Objection received on the same case).

16A copy of this completed Notice of Objection containing the 
17court date, time, and location, has been sent via regular U.S. 
18Mail to the following entities. (If more than one Notice of 
19Objection is received on the same case, each one must be 
20completed with the court date, time and location and mailed to 
21the following entities):

22( ) Attorney, Public Defender or Minor;

23( ) State's Attorney's Office;
24( ) Prosecutor (other than State's Attorney's Office) charged 
25with the duty of prosecuting the offense sought to be expunged;
26( ) Department of Illinois State Police; and
 
 
10000HB3817ham002- 46 -LRB100 11385 SLF 23715 a


1( ) Arresting agency or agencies.

2Date: ......
3Initials of Clerk completing this section: .....


4 (4)(a) Upon entry of an order expunging records or files, 
5the offense, which
the records or files concern shall be 
6treated as if it never occurred. Law
enforcement officers and 
7other public offices and agencies shall properly reply
on 
8inquiry that no record or file exists with respect to the

9person. 

10 (a-5) Local law enforcement agencies shall send written 
11notice to the minor of the expungement of any records within 60 
12days of automatic expungement or the date of service of an 
13expungement order, whichever applies. If a minor's court file 
14has been expunged, the clerk of the circuit court shall send 
15written notice to the minor of the expungement of any records 
16within 60 days of automatic expungement or the date of service 
17of an expungement order, whichever applies.
18 (b) Except with respect to authorized military personnel, 
19an expunged juvenile record may not be considered by any 
20private or public entity in employment matters, certification, 
21licensing, revocation of certification or licensure, or 
22registration. Applications for employment within the State 
23must contain specific language that states that the applicant 
24is not obligated to disclose expunged juvenile records of 
25adjudication or arrest. Employers may not ask, in any format or 
26context, if an applicant has had a juvenile record expunged. 
 
 
10000HB3817ham002- 47 -LRB100 11385 SLF 23715 a


1Information about an expunged record obtained by a potential 
2employer, even inadvertently, from an employment application 
3that does not contain specific language that states that the 
4applicant is not obligated to disclose expunged juvenile 
5records of adjudication or arrest, shall be treated as 
6dissemination of an expunged record by the employer.
7 (c) A person whose juvenile records have been expunged is 
8not entitled to remission of any fines, costs, or other money 
9paid as a consequence of expungement. 
10 (5) (Blank). Records which have not been expunged are 
11sealed, and may be obtained
only under the provisions of 
12Sections 5-901, 5-905 and 5-915.

13 (5.5) Whether or not expunged, records eligible for 
14automatic expungement under subdivision (0.1)(a), (0.2)(a), or 
15(0.3)(a) may be treated as expunged by the individual subject 
16to the records.
17 (6) Nothing in this Section shall be construed to prohibit 
18the maintenance
of information relating to an offense after 
19records or files concerning the
offense have been expunged if 
20the information is kept in a manner that does not
enable 
21identification of the individual offender. This information 
22may only be used for anonymous
statistical and bona fide 
23research purposes.
24 (6.5) The Department of State Police or any employee of the 
25Department shall be immune from civil or criminal liability for 
26failure to expunge any records of arrest that are subject to 
 
 
10000HB3817ham002- 48 -LRB100 11385 SLF 23715 a


1expungement under subsection (1.5) or (1.6) of this Section 
2because of inability to verify a record. Nothing in subsection 
3(1.5) or (1.6) of this Section shall create Department of State 
4Police liability or responsibility for the expungement of law 
5enforcement records it does not possess. 
6 (7)(a) The State Appellate Defender shall establish, 
7maintain, and carry out, by December 31, 2004, a juvenile 
8expungement program
to provide information and assistance to 
9minors eligible to have their juvenile records expunged.

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


14  (i) An explanation of the State's juvenile expungement 
15 laws, including both automatic expungement and expungement 
16 by petition 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 
 
 
10000HB3817ham002- 49 -LRB100 11385 SLF 23715 a


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 (7.5) (a) Willful dissemination of any information 
19contained in an expunged record shall be treated as a Class C 
20misdemeanor and punishable by a fine of $1,000 per violation.
21 (b) Willful dissemination for financial gain of any 
22information contained in an expunged record shall be treated as 
23a Class 4 felony. Dissemination for financial gain by an 
24employee of any municipal, county, or State agency, including 
25law enforcement, shall result in immediate termination.
26 (c) The person whose record was expunged has a right of 
 
 
10000HB3817ham002- 50 -LRB100 11385 SLF 23715 a


1action against any person who intentionally disseminates an 
2expunged record. In the proceeding, punitive damages up to an 
3amount of $1,000 may be sought in addition to any actual 
4damages. The prevailing party shall be entitled to costs and 
5reasonable attorney fees.
6 (d) The punishments for dissemination of an expunged record 
7shall never apply to the person whose record was expunged. 
8 (8)(a) An Except with respect to law enforcement agencies, 
9the Department of Corrections, State's Attorneys, or other 
10prosecutors, an expunged juvenile record may not be considered 
11by any private or public entity in employment matters, 
12certification, licensing, revocation of certification or 
13licensure, or registration. Applications for employment must 
14contain specific language that states that the applicant is not 
15obligated to disclose expunged juvenile records of 
16adjudication, conviction, or arrest. Employers may not ask if 
17an applicant has had a juvenile record expunged. Effective 
18January 1, 2005, the Department of Labor shall develop a link 
19on the Department's website to inform employers that employers 
20may not ask if an applicant had a juvenile record expunged and 
21that application for employment must contain specific language 
22that states that the applicant is not obligated to disclose 
23expunged juvenile records of adjudication, arrest, or 
24conviction.
25 (b) A person whose juvenile records have been expunged is 
26not entitled to remission of any fines, costs, or other money 
 
 
10000HB3817ham002- 51 -LRB100 11385 SLF 23715 a


1paid as a consequence of expungement. This amendatory Act of 
2the 93rd General Assembly does not affect the right of the 
3victim of a crime to prosecute or defend a civil action for 
4damages.

5 (c) The expungement of juvenile records under subsections 
60.1, 0.2, or 0.3 of this Section Section 5-622 shall be funded 
7by the additional fine imposed under Section 5-9-1.17 of the 
8Unified Code of Corrections and additional appropriations made 
9by the General Assembly for such purpose. 
10 (9) (Blank). The changes made to this Section by Public Act 
1198-61 apply to law enforcement records of a minor who has been 
12arrested or taken into custody on or after January 1, 2014 (the 
13effective date of Public Act 98-61). 
14 (10) (Blank). The changes made in subsection (1.5) of this 
15Section by this amendatory Act of the 98th General Assembly 
16apply to law enforcement records of a minor who has been 
17arrested or taken into custody on or after January 1, 2015. The 
18changes made in subsection (1.6) of this Section by this 
19amendatory Act of the 98th General Assembly apply to law 
20enforcement records of a minor who has been arrested or taken 
21into custody before January 1, 2015. 
22(Source: P.A. 98-61, eff. 1-1-14; 98-637, eff. 1-1-15; 98-756, 
23eff. 7-16-14; 99-835, eff. 1-1-17; 99-881, eff. 1-1-17; revised 
249-2-16.)


25 (705 ILCS 405/5-622 rep.)
 
 
10000HB3817ham002- 52 -LRB100 11385 SLF 23715 a


1 Section 10. The Juvenile Court Act of 1987 is amended by 
2repealing Section 5-622".