Bill Text: IL SB3463 | 2023-2024 | 103rd General Assembly | Engrossed

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Bill Title: Amends the Juvenile Court Act of 1987. Provides that on the date that the juvenile is adjudicated delinquent, the juvenile court judge shall schedule a date to enter the automatic expungement order. Provides that the juvenile must be notified but shall not be required to be present for the scheduled court date when automatic expungement is to be ordered.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed) 2024-04-24 - Assigned to Judiciary - Criminal Committee [SB3463 Detail]

Download: Illinois-2023-SB3463-Engrossed.html

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SB3463 Engrossed LRB103 36291 RLC 66388 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 Illinois State Police and all law enforcement
agencies within the State shall automatically expunge, on or
before January 1 of each year, except as described in
paragraph (c) of this subsection (0.1), 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

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without an additional subsequent arrest or filing of a
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 a 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.
(c) If the juvenile law enforcement record was received
through a public submission to a statewide student
confidential reporting system administered by the Illinois
State Police, the record will be maintained for a period of 5
years according to all other provisions in this subsection
(0.1).
(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

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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 the person's
juvenile law enforcement records expunged except as otherwise
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
Illinois 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
the chief law enforcement officer's 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

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retained until the statute of limitations for the felony has
run. If the chief law enforcement officer of the agency, or the
chief law enforcement officer's 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, 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 a juvenile's 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. On the date that the
juvenile is sentenced, after being adjudicated delinquent, the
juvenile court judge shall schedule a date to enter the
automatic expungement order. The juvenile must be notified but
shall not be required to be present for the scheduled court
date when automatic expungement is to be ordered. The clerk
shall deliver a certified copy of the expungement order to the
Illinois State Police and the arresting agency. Upon request,

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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
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
the chief law enforcement officer's designee, certifies in
writing that certain information is needed for a pending
investigation involving the commission of a felony, that

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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 a
juvenile's 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
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

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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 a
person's 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 at no cost to the
person for expungement of juvenile law enforcement records and
juvenile court records relating to 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 Illinois 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

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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 Class B misdemeanor, Class C misdemeanor, or a
petty or business offense if committed by an adult.
(1.5) At no cost to the person, the Illinois State Police
shall allow a person to use the Access and Review process,
established in the Illinois State Police, for verifying that
the person's juvenile law enforcement records relating to
incidents occurring before the person's 18th birthday eligible
under this Act have been expunged.
(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 at no cost to the person to
expunge all juvenile law enforcement records relating to any
incidents occurring before the person's 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

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at the time the person petitions the court for expungement;
provided that 2 years have elapsed since all juvenile court
proceedings relating to the person have been terminated and
the person's 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,
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, dismissal of the case, or successful completion of
supervision, the judge shall inform the delinquent minor of
the minor's 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

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as if it never occurred, (ii) the minor shall not be charged a
fee to petition for expungement, (iii) once the minor obtains
an expungement, the minor may not be required to disclose that
the minor had a juvenile law enforcement or juvenile court
record, and (iv) if petitioning the minor may file the
petition on the minor's own or with the assistance of an
attorney. The failure of the judge to inform the delinquent
minor of the minor's 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).
(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 Illinois State Police or any employee of the
Illinois State Police shall be immune from civil or criminal

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