Bill Text: IL HB0927 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Amends the Juvenile Court Act of 1987. Provides that notwithstanding any provision of the Act to the contrary, on and after the effective date of the amendatory Act, all juvenile law enforcement records and juvenile court records are subject to automatic expungement if the underlying charge was not a crime of violence as defined in the Crime Victims Compensation Act. Provides that upon entry of a disposition for an eligible record, the minor shall be informed by the court of his or her right to have eligible records immediately expunged. Provides that the clerk shall deliver a certified copy of the expungement order to the Department of State Police and the arresting agency. Provides that the expungement shall be completed within 14 business days after the receipt of the expungement order. Allows retention of some information under special conditions.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB0927 Detail]

Download: Illinois-2019-HB0927-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0927

Introduced , by Rep. Curtis J. Tarver, II

SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-915

Amends the Juvenile Court Act of 1987. Provides that notwithstanding any provision of the Act to the contrary, on and after the effective date of the amendatory Act, all juvenile law enforcement records and juvenile court records are subject to automatic expungement if the underlying charge was not a crime of violence as defined in the Crime Victims Compensation Act. Provides that upon entry of a disposition for an eligible record, the minor shall be informed by the court of his or her right to have eligible records immediately expunged. Provides that the clerk shall deliver a certified copy of the expungement order to the Department of State Police and the arresting agency. Provides that the expungement shall be completed within 14 business days after the receipt of the expungement order. Allows retention of some information under special conditions.
LRB101 07124 SLF 52162 b

A BILL FOR

HB0927LRB101 07124 SLF 52162 b
1 AN ACT concerning courts.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
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 (Text of Section before amendment by P.A. 100-987)
8 Sec. 5-915. Expungement of juvenile law enforcement and
9juvenile court records.
10 (0.05) (Blank).
11 (0.1) (a) Except as otherwise provided in subsection (0.15)
12of this Section, the Department of State Police and all law
13enforcement agencies within the State shall automatically
14expunge, on or before January 1 of each year, all juvenile law
15enforcement records relating to events occurring before an
16individual's 18th birthday if:
17 (1) one year or more has elapsed since the date of the
18 arrest or law enforcement interaction documented in the
19 records;
20 (2) no petition for delinquency or criminal charges
21 were filed with the clerk of the circuit court relating to
22 the arrest or law enforcement interaction documented in the
23 records; and

HB0927- 2 -LRB101 07124 SLF 52162 b
1 (3) 6 months have elapsed since the date of the arrest
2 without an additional subsequent arrest or filing of a
3 petition for delinquency or criminal charges whether
4 related or not to the arrest or law enforcement interaction
5 documented in the records.
6 (b) If the law enforcement agency is unable to verify
7satisfaction of conditions (2) and (3) of this subsection
8(0.1), records that satisfy condition (1) of this subsection
9(0.1) shall be automatically expunged if the records relate to
10an offense that if committed by an adult would not be an
11offense classified as Class 2 felony or higher, an offense
12under Article 11 of the Criminal Code of 1961 or Criminal Code
13of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1412-15, or 12-16 of the Criminal Code of 1961.
15 (0.15) If a juvenile law enforcement record meets paragraph
16(a) of subsection (0.1) of this Section, a juvenile law
17enforcement record created:
18 (1) prior to January 1, 2018, but on or after January
19 1, 2013 shall be automatically expunged prior to January 1,
20 2020;
21 (2) prior to January 1, 2013, but on or after January
22 1, 2000, shall be automatically expunged prior to January
23 1, 2023; and
24 (3) prior to January 1, 2000 shall not be subject to
25 the automatic expungement provisions of this Act.
26Nothing in this subsection (0.15) shall be construed to

HB0927- 3 -LRB101 07124 SLF 52162 b
1restrict or modify an individual's right to have his or her
2juvenile law enforcement records expunged except as otherwise
3may be provided in this Act.
4 (0.2) (a) Upon dismissal of a petition alleging delinquency
5or upon a finding of not delinquent, the successful termination
6of an order of supervision, or the successful termination of an
7adjudication for an offense which would be a Class B
8misdemeanor, Class C misdemeanor, or a petty or business
9offense if committed by an adult, the court shall automatically
10order the expungement of the juvenile court records and
11juvenile law enforcement records. The clerk shall deliver a
12certified copy of the expungement order to the Department of
13State Police and the arresting agency. Upon request, the
14State's Attorney shall furnish the name of the arresting
15agency. The expungement shall be completed within 60 business
16days after the receipt of the expungement order.
17 (b) If the chief law enforcement officer of the agency, or
18his or her designee, certifies in writing that certain
19information is needed for a pending investigation involving the
20commission of a felony, that information, and information
21identifying the juvenile, may be retained until the statute of
22limitations for the felony has expired. If the chief law
23enforcement officer of the agency, or his or her designee,
24certifies in writing that certain information is needed with
25respect to an internal investigation of any law enforcement
26office, that information and information identifying the

HB0927- 4 -LRB101 07124 SLF 52162 b
1juvenile may be retained within an intelligence file until the
2investigation is terminated or the disciplinary action,
3including appeals, has been completed, whichever is later.
4Retention of a portion of a juvenile's law enforcement record
5does not disqualify the remainder of his or her record from
6immediate automatic expungement.
7 (0.3) (a) Upon an adjudication of delinquency based on any
8offense except a disqualified offense, the juvenile court shall
9automatically order the expungement of the juvenile court and
10law enforcement records 2 years after the juvenile's case was
11closed if no delinquency or criminal proceeding is pending and
12the person has had no subsequent delinquency adjudication or
13criminal conviction. The clerk shall deliver a certified copy
14of the expungement order to the Department of State Police and
15the arresting agency. Upon request, the State's Attorney shall
16furnish the name of the arresting agency. The expungement shall
17be completed within 60 business days after the receipt of the
18expungement order. In this subsection (0.3), "disqualified
19offense" means any of the following offenses: Section 8-1.2,
209-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
2110-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2211-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
2312-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
2418-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
2524-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
2629D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal

HB0927- 5 -LRB101 07124 SLF 52162 b
1Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
2of subsection (a) of Section 11-14.4, subsection (a-5) of
3Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
4Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
5paragraph (1) or (2) of subsection (a) of Section 12-7.4,
6subparagraph (i) of paragraph (1) of subsection (a) of Section
712-9, subparagraph (H) of paragraph (3) of subsection (a) of
8Section 24-1.6, paragraph (1) of subsection (a) of Section
925-1, or subsection (a-7) of Section 31-1 of the Criminal Code
10of 2012.
11 (b) If the chief law enforcement officer of the agency, or
12his or her designee, certifies in writing that certain
13information is needed for a pending investigation involving the
14commission of a felony, that information, and information
15identifying the juvenile, may be retained in an intelligence
16file until the investigation is terminated or for one
17additional year, whichever is sooner. Retention of a portion of
18a juvenile's juvenile law enforcement record does not
19disqualify the remainder of his or her record from immediate
20automatic expungement.
21 (0.4) Automatic expungement for the purposes of this
22Section shall not require law enforcement agencies to
23obliterate or otherwise destroy juvenile law enforcement
24records that would otherwise need to be automatically expunged
25under this Act, except after 2 years following the subject
26arrest for purposes of use in civil litigation against a

HB0927- 6 -LRB101 07124 SLF 52162 b
1governmental entity or its law enforcement agency or personnel
2which created, maintained, or used the records. However these
3juvenile law enforcement records shall be considered expunged
4for all other purposes during this period and the offense,
5which the records or files concern, shall be treated as if it
6never occurred as required under Section 5-923.
7 (0.5) Subsection (0.1) or (0.2) of this Section does not
8apply to violations of traffic, boating, fish and game laws, or
9county or municipal ordinances.
10 (0.6) Juvenile law enforcement records of a plaintiff who
11has filed civil litigation against the governmental entity or
12its law enforcement agency or personnel that created,
13maintained, or used the records or juvenile law enforcement
14records that contain information related to the allegations set
15forth in the civil litigation may not be expunged until after 2
16years have elapsed after the conclusion of the lawsuit,
17including any appeal.
18 (0.7) Officer-worn body camera recordings shall not be
19automatically expunged except as otherwise authorized by the
20Law Enforcement Officer-Worn Body Camera Act.
21 (1) Whenever a person has been arrested, charged, or
22adjudicated delinquent for an incident occurring before his or
23her 18th birthday that if committed by an adult would be an
24offense, and that person's juvenile law enforcement and
25juvenile court records are not eligible for automatic
26expungement under subsection (0.1), (0.2), or (0.3), the person

HB0927- 7 -LRB101 07124 SLF 52162 b
1may petition the court at any time for expungement of juvenile
2law enforcement records and juvenile court records relating to
3the incident and, upon termination of all juvenile court
4proceedings relating to that incident, the court shall order
5the expungement of all records in the possession of the
6Department of State Police, the clerk of the circuit court, and
7law enforcement agencies relating to the incident, but only in
8any of the following circumstances:
9 (a) the minor was arrested and no petition for
10 delinquency was filed with the clerk of the circuit court;
11 (a-5) the minor was charged with an offense and the
12 petition or petitions were dismissed without a finding of
13 delinquency;
14 (b) the minor was charged with an offense and was found
15 not delinquent of that offense;
16 (c) the minor was placed under supervision under
17 Section 5-615, and the order of supervision has since been
18 successfully terminated; or
19 (d) the minor was adjudicated for an offense which
20 would be a Class B misdemeanor, Class C misdemeanor, or a
21 petty or business offense if committed by an adult.
22 (1.5) The Department of State Police shall allow a person
23to use the Access and Review process, established in the
24Department of State Police, for verifying that his or her
25juvenile law enforcement records relating to incidents
26occurring before his or her 18th birthday eligible under this

HB0927- 8 -LRB101 07124 SLF 52162 b
1Act have been expunged.
2 (1.6) (Blank).
3 (1.7) (Blank).
4 (1.8) (Blank).
5 (2) Any person whose delinquency adjudications are not
6eligible for automatic expungement under subsection (0.3) of
7this Section may petition the court to expunge all juvenile law
8enforcement records relating to any incidents occurring before
9his or her 18th birthday which did not result in proceedings in
10criminal court and all juvenile court records with respect to
11any adjudications except those based upon first degree murder
12or an offense under Article 11 of the Criminal Code of 2012 if
13the person is required to register under the Sex Offender
14Registration Act at the time he or she petitions the court for
15expungement; provided that:
16 (a) (blank); or
17 (b) 2 years have elapsed since all juvenile court
18 proceedings relating to him or her have been terminated and
19 his or her commitment to the Department of Juvenile Justice
20 under this Act has been terminated.
21 (2.5) If a minor is arrested and no petition for
22delinquency is filed with the clerk of the circuit court at the
23time the minor is released from custody, the youth officer, if
24applicable, or other designated person from the arresting
25agency, shall notify verbally and in writing to the minor or
26the minor's parents or guardians that the minor shall have an

HB0927- 9 -LRB101 07124 SLF 52162 b
1arrest record and shall provide the minor and the minor's
2parents or guardians with an expungement information packet,
3information regarding this State's expungement laws including
4a petition to expunge juvenile law enforcement and juvenile
5court records obtained from the clerk of the circuit court.
6 (2.6) If a minor is referred to court then at the time of
7sentencing or dismissal of the case, or successful completion
8of supervision, the judge shall inform the delinquent minor of
9his or her rights regarding expungement and the clerk of the
10circuit court shall provide an expungement information packet
11to the minor, written in plain language, including information
12regarding this State's expungement laws and a petition for
13expungement, a sample of a completed petition, expungement
14instructions that shall include information informing the
15minor that (i) once the case is expunged, it shall be treated
16as if it never occurred, (ii) he or she may apply to have
17petition fees waived, (iii) once he or she obtains an
18expungement, he or she may not be required to disclose that he
19or she had a juvenile law enforcement or juvenile court record,
20and (iv) if petitioning he or she may file the petition on his
21or her own or with the assistance of an attorney. The failure
22of the judge to inform the delinquent minor of his or her right
23to petition for expungement as provided by law does not create
24a substantive right, nor is that failure grounds for: (i) a
25reversal of an adjudication of delinquency, (ii) a new trial;
26or (iii) an appeal.

HB0927- 10 -LRB101 07124 SLF 52162 b
1 (2.7) (Blank).
2 (2.8) (Blank).
3 (3) (Blank).
4 (3.1) (Blank).
5 (3.2) (Blank).
6 (3.3) (Blank).
7 (4) (Blank).
8 (5) (Blank).
9 (5.5) Whether or not expunged, records eligible for
10automatic expungement under subdivision (0.1)(a), (0.2)(a), or
11(0.3)(a) may be treated as expunged by the person who is the
12subject of the records.
13 (6) (Blank).
14 (6.5) The Department of State Police or any employee of the
15Department shall be immune from civil or criminal liability for
16failure to expunge any records of arrest that are subject to
17expungement under this Section because of inability to verify a
18record. Nothing in this Section shall create Department of
19State Police liability or responsibility for the expungement of
20juvenile law enforcement records it does not possess.
21 (7) (Blank).
22 (7.5) (Blank).
23 (8)(a) (Blank).
24 (b) (Blank).
25 (c) The expungement of juvenile law enforcement or juvenile
26court records under subsection (0.1), (0.2), or (0.3) of this

HB0927- 11 -LRB101 07124 SLF 52162 b
1Section shall be funded by the additional fine imposed under
2Section 5-9-1.17 of the Unified Code of Corrections.
3 (9) (Blank).
4 (10) (Blank).
5(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
6100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
78-3-18; 100-863, eff. 8-14-18; 100-1162, eff. 12-20-18.)
8 (Text of Section after amendment by P.A. 100-987)
9 Sec. 5-915. Expungement of juvenile law enforcement and
10juvenile court records.
11 (0.05) (Blank).
12 (0.1) (a) The Department of State Police and all law
13enforcement agencies within the State shall automatically
14expunge, on or before January 1 of each year, all juvenile law
15enforcement records relating to events occurring before an
16individual's 18th birthday if:
17 (1) one year or more has elapsed since the date of the
18 arrest or law enforcement interaction documented in the
19 records;
20 (2) no petition for delinquency or criminal charges
21 were filed with the clerk of the circuit court relating to
22 the arrest or law enforcement interaction documented in the
23 records; and
24 (3) 6 months have elapsed since the date of the arrest
25 without an additional subsequent arrest or filing of a

HB0927- 12 -LRB101 07124 SLF 52162 b
1 petition for delinquency or criminal charges whether
2 related or not to the arrest or law enforcement interaction
3 documented in the records.
4 (b) If the law enforcement agency is unable to verify
5satisfaction of conditions (2) and (3) of this subsection
6(0.1), records that satisfy condition (1) of this subsection
7(0.1) shall be automatically expunged if the records relate to
8an offense that if committed by an adult would not be an
9offense classified as Class 2 felony or higher, an offense
10under Article 11 of the Criminal Code of 1961 or Criminal Code
11of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
1212-15, or 12-16 of the Criminal Code of 1961.
13 (0.15) If a juvenile law enforcement record meets paragraph
14(a) of subsection (0.1) of this Section, a juvenile law
15enforcement record created:
16 (1) prior to January 1, 2018, but on or after January
17 1, 2013 shall be automatically expunged prior to January 1,
18 2020;
19 (2) prior to January 1, 2013, but on or after January
20 1, 2000, shall be automatically expunged prior to January
21 1, 2023; and
22 (3) prior to January 1, 2000 shall not be subject to
23 the automatic expungement provisions of this Act.
24Nothing in this subsection (0.15) shall be construed to
25restrict or modify an individual's right to have his or her
26juvenile law enforcement records expunged except as otherwise

HB0927- 13 -LRB101 07124 SLF 52162 b
1may be provided in this Act.
2 (0.2) (a) Upon dismissal of a petition alleging delinquency
3or upon a finding of not delinquent, the successful termination
4of an order of supervision, or the successful termination of an
5adjudication for an offense which would be a Class B
6misdemeanor, Class C misdemeanor, or a petty or business
7offense if committed by an adult, the court shall automatically
8order the expungement of the juvenile court records and
9juvenile law enforcement records. The clerk shall deliver a
10certified copy of the expungement order to the Department of
11State Police and the arresting agency. Upon request, the
12State's Attorney shall furnish the name of the arresting
13agency. The expungement shall be completed within 60 business
14days after the receipt of the expungement order.
15 (b) If the chief law enforcement officer of the agency, or
16his or her designee, certifies in writing that certain
17information is needed for a pending investigation involving the
18commission of a felony, that information, and information
19identifying the juvenile, may be retained until the statute of
20limitations for the felony has run. If the chief law
21enforcement officer of the agency, or his or her designee,
22certifies in writing that certain information is needed with
23respect to an internal investigation of any law enforcement
24office, that information and information identifying the
25juvenile may be retained within an intelligence file until the
26investigation is terminated or the disciplinary action,

HB0927- 14 -LRB101 07124 SLF 52162 b
1including appeals, has been completed, whichever is later.
2Retention of a portion of a juvenile's law enforcement record
3does not disqualify the remainder of his or her record from
4immediate automatic expungement.
5 (0.3) (a) Upon an adjudication of delinquency based on any
6offense except a disqualified offense, the juvenile court shall
7automatically order the expungement of the juvenile court and
8law enforcement records 2 years after the juvenile's case was
9closed if no delinquency or criminal proceeding is pending and
10the person has had no subsequent delinquency adjudication or
11criminal conviction. The clerk shall deliver a certified copy
12of the expungement order to the Department of State Police and
13the arresting agency. Upon request, the State's Attorney shall
14furnish the name of the arresting agency. The expungement shall
15be completed within 60 business days after the receipt of the
16expungement order. In this subsection (0.3), "disqualified
17offense" means any of the following offenses: Section 8-1.2,
189-1, 9-1.2, 9-2, 9-2.1, 9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1,
1910-4, 10-5, 10-9, 11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60,
2011-6, 11-6.5, 12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2,
2112-6.5, 12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5,
2218-1, 18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
2324-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
2429D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
25Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
26of subsection (a) of Section 11-14.4, subsection (a-5) of

HB0927- 15 -LRB101 07124 SLF 52162 b
1Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
2Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
3paragraph (1) or (2) of subsection (a) of Section 12-7.4,
4subparagraph (i) of paragraph (1) of subsection (a) of Section
512-9, subparagraph (H) of paragraph (3) of subsection (a) of
6Section 24-1.6, paragraph (1) of subsection (a) of Section
725-1, or subsection (a-7) of Section 31-1 of the Criminal Code
8of 2012.
9 (b) If the chief law enforcement officer of the agency, or
10his or her designee, certifies in writing that certain
11information is needed for a pending investigation involving the
12commission of a felony, that information, and information
13identifying the juvenile, may be retained in an intelligence
14file until the investigation is terminated or for one
15additional year, whichever is sooner. Retention of a portion of
16a juvenile's juvenile law enforcement record does not
17disqualify the remainder of his or her record from immediate
18automatic expungement.
19 (0.35) (a) Notwithstanding any provision of this Act to the
20contrary, on and after the effective date of this amendatory
21Act of the 101st General Assembly, all juvenile law enforcement
22records and juvenile court records are subject to automatic
23expungement if the underlying charge was not a crime of
24violence as defined in Section 2 of the Crime Victims
25Compensation Act.
26 (b) Upon entry of a disposition for an eligible record

HB0927- 16 -LRB101 07124 SLF 52162 b
1under this subsection (0.35), the minor shall be informed by
2the court of his or her right to have eligible records
3immediately expunged. The clerk shall deliver a certified copy
4of the expungement order to the Department of State Police and
5the arresting agency. Upon request, the State's Attorney shall
6furnish the name of the arresting agency. The expungement shall
7be completed within 14 business days after the receipt of the
8expungement order.
9 (c) If the chief law enforcement officer of the agency, or
10his or her designee, certifies in writing that certain
11information is needed for a pending investigation involving the
12commission of a felony, that information, and information
13identifying the juvenile, may be retained until the statute of
14limitations for the felony has expired. If the chief law
15enforcement officer of the agency, or his or her designee,
16certifies in writing that certain information is needed with
17respect to an internal investigation of any law enforcement
18office, that information and information identifying the
19juvenile may be retained within an intelligence file until the
20investigation is terminated or the disciplinary action,
21including appeals, has been completed, whichever is later.
22Retention of a portion of a juvenile's law enforcement record
23does not disqualify the remainder of his or her record from
24immediate automatic expungement.
25 (0.4) Automatic expungement for the purposes of this
26Section shall not require law enforcement agencies to

HB0927- 17 -LRB101 07124 SLF 52162 b
1obliterate or otherwise destroy juvenile law enforcement
2records that would otherwise need to be automatically expunged
3under this Act, except after 2 years following the subject
4arrest for purposes of use in civil litigation against a
5governmental entity or its law enforcement agency or personnel
6which created, maintained, or used the records. However these
7juvenile law enforcement records shall be considered expunged
8for all other purposes during this period and the offense,
9which the records or files concern, shall be treated as if it
10never occurred as required under Section 5-923.
11 (0.5) Subsection (0.1) or (0.2) of this Section does not
12apply to violations of traffic, boating, fish and game laws, or
13county or municipal ordinances.
14 (0.6) Juvenile law enforcement records of a plaintiff who
15has filed civil litigation against the governmental entity or
16its law enforcement agency or personnel that created,
17maintained, or used the records, or juvenile law enforcement
18records that contain information related to the allegations set
19forth in the civil litigation may not be expunged until after 2
20years have elapsed after the conclusion of the lawsuit,
21including any appeal.
22 (0.7) Officer-worn body camera recordings shall not be
23automatically expunged except as otherwise authorized by the
24Law Enforcement Officer-Worn Body Camera Act.
25 (1) Whenever a person has been arrested, charged, or
26adjudicated delinquent for an incident occurring before his or

HB0927- 18 -LRB101 07124 SLF 52162 b
1her 18th birthday that if committed by an adult would be an
2offense, and that person's juvenile law enforcement and
3juvenile court records are not eligible for automatic
4expungement under subsection (0.1), (0.2), or (0.3), the person
5may petition the court at any time for expungement of juvenile
6law enforcement records and juvenile court records relating to
7the incident and, upon termination of all juvenile court
8proceedings relating to that incident, the court shall order
9the expungement of all records in the possession of the
10Department of State Police, the clerk of the circuit court, and
11law enforcement agencies relating to the incident, but only in
12any 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 under
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) The Department of State Police shall allow a person

HB0927- 19 -LRB101 07124 SLF 52162 b
1to use the Access and Review process, established in the
2Department of State Police, for verifying that his or her
3juvenile law enforcement records relating to incidents
4occurring before his or her 18th birthday eligible under this
5Act have been expunged.
6 (1.6) (Blank).
7 (1.7) (Blank).
8 (1.8) (Blank).
9 (2) Any person whose delinquency adjudications are not
10eligible for automatic expungement under subsection (0.3) of
11this Section may petition the court to expunge all juvenile law
12enforcement records relating to any incidents occurring before
13his or her 18th birthday which did not result in proceedings in
14criminal court and all juvenile court records with respect to
15any adjudications except those based upon first degree murder
16or an offense under Article 11 of the Criminal Code of 2012 if
17the person is required to register under the Sex Offender
18Registration Act at the time he or she petitions the court for
19expungement; provided that:
20 (a) (blank); or
21 (b) 2 years have elapsed since all juvenile court
22 proceedings relating to him or her have been terminated and
23 his or her commitment to the Department of Juvenile Justice
24 under this Act has been terminated.
25 (2.5) If a minor is arrested and no petition for
26delinquency is filed with the clerk of the circuit court at the

HB0927- 20 -LRB101 07124 SLF 52162 b
1time the minor is released from custody, the youth officer, if
2applicable, or other designated person from the arresting
3agency, shall notify verbally and in writing to the minor or
4the minor's parents or guardians that the minor shall have an
5arrest record and shall provide the minor and the minor's
6parents or guardians with an expungement information packet,
7information regarding this State's expungement laws including
8a petition to expunge juvenile law enforcement and juvenile
9court records obtained from the clerk of the circuit court.
10 (2.6) If a minor is referred to court then at the time of
11sentencing or dismissal of the case, or successful completion
12of supervision, the judge shall inform the delinquent minor of
13his or her rights regarding expungement and the clerk of the
14circuit court shall provide an expungement information packet
15to the minor, written in plain language, including information
16regarding this State's expungement laws and a petition for
17expungement, a sample of a completed petition, expungement
18instructions that shall include information informing the
19minor that (i) once the case is expunged, it shall be treated
20as if it never occurred, (ii) he or she may apply to have
21petition fees waived, (iii) once he or she obtains an
22expungement, he or she may not be required to disclose that he
23or she had a juvenile law enforcement or juvenile court record,
24and (iv) if petitioning he or she may file the petition on his
25or her own or with the assistance of an attorney. The failure
26of the judge to inform the delinquent minor of his or her right

HB0927- 21 -LRB101 07124 SLF 52162 b
1to petition for expungement as provided by law does not create
2a substantive right, nor is that failure grounds for: (i) a
3reversal of an adjudication of delinquency, (ii) a new trial;
4or (iii) an appeal.
5 (2.7) (Blank).
6 (2.8) (Blank).
7 (3) (Blank).
8 (3.1) (Blank).
9 (3.2) (Blank).
10 (3.3) (Blank).
11 (4) (Blank).
12 (5) (Blank).
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) (Blank).
18 (6.5) The Department of State Police or any employee of the
19Department shall be immune from civil or criminal liability for
20failure to expunge any records of arrest that are subject to
21expungement under this Section because of inability to verify a
22record. Nothing in this Section shall create Department of
23State Police liability or responsibility for the expungement of
24juvenile law enforcement records it does not possess.
25 (7) (Blank).
26 (7.5) (Blank).

HB0927- 22 -LRB101 07124 SLF 52162 b
1 (8)(a) (Blank).
2 (b) (Blank).
3 (c) The expungement of juvenile law enforcement or juvenile
4court records under subsection (0.1), (0.2), or (0.3) of this
5Section shall be funded by appropriation by the General
6Assembly for that purpose.
7 (9) (Blank).
8 (10) (Blank).
9(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
10100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
118-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
12eff. 12-20-18.)
13 Section 95. No acceleration or delay. Where this Act makes
14changes in a statute that is represented in this Act by text
15that is not yet or no longer in effect (for example, a Section
16represented by multiple versions), the use of that text does
17not accelerate or delay the taking effect of (i) the changes
18made by this Act or (ii) provisions derived from any other
19Public Act.
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