Bill Text: IL HB5008 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that in case of records that are not subject to automatic expungement, includes a felony or any misdemeanor adjudication (rather than only a Class B misdemeanor, Class C misdemeanor adjudication) for which a person may petition the court at any time for expungement of juvenile law enforcement records and juvenile court records relating to the incident.

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2020-08-31 - Chief Co-Sponsor Changed to Rep. Mary E. Flowers [HB5008 Detail]

Download: Illinois-2019-HB5008-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 HB5008 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-915
Amends the Juvenile Court Act of 1987. Provides that in case of records that are not subject to automatic expungement, includes a felony or any misdemeanor adjudication (rather than only a Class B misdemeanor, Class C misdemeanor adjudication) for which a person may petition the court at any time for expungement of juvenile law enforcement records and juvenile court records relating to the incident.
LRB101 19280 RLC 68746 b
A BILL FOR
HB5008 LRB101 19280 RLC 68746 b
AN ACT concerning courts.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Juvenile Court Act of 1987 is amended by
changing Section 5-915 as follows:
(705 ILCS 405/5-915)
Sec. 5-915. Expungement of juvenile law enforcement and
juvenile court records.
(0.05) (Blank).
(0.1) (a) The Department of State Police and all law
enforcement agencies within the State shall automatically
expunge, on or before January 1 of each year, all juvenile law
enforcement records relating to events occurring before an
individual's 18th birthday if:
(1) one year or more has elapsed since the date of the
arrest or law enforcement interaction documented in the
records;
(2) no petition for delinquency or criminal charges
were filed with the clerk of the circuit court relating to
the arrest or law enforcement interaction documented in the
records; and
(3) 6 months have elapsed since the date of the arrest
without an additional subsequent arrest or filing of a

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

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may be provided in this Act.
(0.2) (a) Upon dismissal of a petition alleging delinquency
or upon a finding of not delinquent, the successful termination
of an order of supervision, or the successful termination of an
adjudication for an offense which would be a Class B
misdemeanor, Class C misdemeanor, or a petty or business
offense if committed by an adult, the court shall automatically
order the expungement of the juvenile court records and
juvenile law enforcement records. The clerk shall deliver a
certified copy of the expungement order to the Department of
State Police and the arresting agency. Upon request, the
State's Attorney shall furnish the name of the arresting
agency. The expungement shall be completed within 60 business
days after the receipt of the expungement order.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving the
commission of a felony, that information, and information
identifying the juvenile, may be retained until the statute of
limitations for the felony has run. If the chief law
enforcement officer of the agency, or his or her designee,
certifies in writing that certain information is needed with
respect to an internal investigation of any law enforcement
office, that information and information identifying the
juvenile may be retained within an intelligence file until the
investigation is terminated or the disciplinary action,

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

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Section 12-3.1, paragraph (1), (2), or (3) of subsection (a) of
Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
paragraph (1) or (2) of subsection (a) of Section 12-7.4,
subparagraph (i) of paragraph (1) of subsection (a) of Section
12-9, subparagraph (H) of paragraph (3) of subsection (a) of
Section 24-1.6, paragraph (1) of subsection (a) of Section
25-1, or subsection (a-7) of Section 31-1 of the Criminal Code
of 2012.
(b) If the chief law enforcement officer of the agency, or
his or her designee, certifies in writing that certain
information is needed for a pending investigation involving the
commission of a felony, that information, and information
identifying the juvenile, may be retained in an intelligence
file until the investigation is terminated or for one
additional year, whichever is sooner. Retention of a portion of
a juvenile's juvenile law enforcement record does not
disqualify the remainder of his or her record from immediate
automatic expungement.
(0.4) Automatic expungement for the purposes of this
Section shall not require law enforcement agencies to
obliterate or otherwise destroy juvenile law enforcement
records that would otherwise need to be automatically expunged
under this Act, except after 2 years following the subject
arrest for purposes of use in civil litigation against a
governmental entity or its law enforcement agency or personnel
which created, maintained, or used the records. However, these

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

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the incident and, upon termination of all juvenile court
proceedings relating to that incident, the court shall order
the expungement of all records in the possession of the
Department of State Police, the clerk of the circuit court, and
law enforcement agencies relating to the incident, but only in
any of the following circumstances:
(a) the minor was arrested and no petition for
delinquency was filed with the clerk of the circuit court;
(a-5) the minor was charged with an offense and the
petition or petitions were dismissed without a finding of
delinquency;
(b) the minor was charged with an offense and was found
not delinquent of that offense;
(c) the minor was placed under supervision under
Section 5-615, and the order of supervision has since been
successfully terminated; or
(d) the minor was adjudicated for an offense which
would be a felony or a misdemeanor Class B misdemeanor,
Class C misdemeanor, or a petty or business offense if
committed by an adult.
(1.5) The Department of State Police shall allow a person
to use the Access and Review process, established in the
Department of State Police, for verifying that his or her
juvenile law enforcement records relating to incidents
occurring before his or her 18th birthday eligible under this
Act have been expunged.

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(1.6) (Blank).
(1.7) (Blank).
(1.8) (Blank).
(2) Any person whose delinquency adjudications are not
eligible for automatic expungement under subsection (0.3) of
this Section may petition the court to expunge all juvenile law
enforcement records relating to any incidents occurring before
his or her 18th birthday which did not result in proceedings in
criminal court and all juvenile court records with respect to
any adjudications except those based upon first degree murder
or an offense under Article 11 of the Criminal Code of 2012 if
the person is required to register under the Sex Offender
Registration Act at the time he or she petitions the court for
expungement; provided that: (a) (blank); or (b) 2 years have
elapsed since all juvenile court proceedings relating to him or
her have been terminated and his or her commitment to the
Department of Juvenile Justice under this Act has been
terminated.
(2.5) If a minor is arrested and no petition for
delinquency is filed with the clerk of the circuit court at the
time the minor is released from custody, the youth officer, if
applicable, or other designated person from the arresting
agency, shall notify verbally and in writing to the minor or
the minor's parents or guardians that the minor shall have an
arrest record and shall provide the minor and the minor's
parents or guardians with an expungement information packet,

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information regarding this State's expungement laws including
a petition to expunge juvenile law enforcement and juvenile
court records obtained from the clerk of the circuit court.
(2.6) If a minor is referred to court, then, at the time of
sentencing, or dismissal of the case, or successful completion
of supervision, the judge shall inform the delinquent minor of
his or her rights regarding expungement and the clerk of the
circuit court shall provide an expungement information packet
to the minor, written in plain language, including information
regarding this State's expungement laws and a petition for
expungement, a sample of a completed petition, expungement
instructions that shall include information informing the
minor that (i) once the case is expunged, it shall be treated
as if it never occurred, (ii) he or she may apply to have
petition fees waived, (iii) once he or she obtains an
expungement, he or she may not be required to disclose that he
or she had a juvenile law enforcement or juvenile court record,
and (iv) if petitioning he or she may file the petition on his
or her own or with the assistance of an attorney. The failure
of the judge to inform the delinquent minor of his or her right
to petition for expungement as provided by law does not create
a substantive right, nor is that failure grounds for: (i) a
reversal of an adjudication of delinquency; , (ii) a new trial;
or (iii) an appeal.
(2.7) (Blank).
(2.8) (Blank).

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(3) (Blank).
(3.1) (Blank).
(3.2) (Blank).
(3.3) (Blank).
(4) (Blank).
(5) (Blank).
(5.5) Whether or not expunged, records eligible for
automatic expungement under subdivision (0.1)(a), (0.2)(a), or
(0.3)(a) may be treated as expunged by the individual subject
to the records.
(6) (Blank).
(6.5) The Department of State Police or any employee of the
Department shall be immune from civil or criminal liability for
failure to expunge any records of arrest that are subject to
expungement under this Section because of inability to verify a
record. Nothing in this Section shall create Department of
State Police liability or responsibility for the expungement of
juvenile law enforcement records it does not possess.
(7) (Blank).
(7.5) (Blank).
(8)(a) (Blank). (b) (Blank). (c) The expungement of
juvenile law enforcement or juvenile court records under
subsection (0.1), (0.2), or (0.3) of this Section shall be
funded by appropriation by the General Assembly for that
purpose.
(9) (Blank).

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(10) (Blank).
(Source: P.A. 99-835, eff. 1-1-17; 99-881, eff. 1-1-17;
100-201, eff. 8-18-17; 100-285, eff. 1-1-18; 100-720, eff.
8-3-18; 100-863, eff. 8-14-18; 100-987, eff. 7-1-19; 100-1162,
eff. 12-20-18; revised 7-16-19.)