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HB5017 Engrossed LRB099 15629 RLC 43319 b AN ACT concerning courts.
HB5017 Enrolled LRB099 15629 RLC 43319 b AN ACT concerning courts.
(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 HB5017 Engrossed - 2 - LRB099 15629 RLC 43319 b offense, the person may petition the court at any time for expungement of law enforcement records and juvenile court records relating to the incident and upon termination of any person has attained the age of 18 or whenever 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, that person have been terminated, whichever is later, the person may petition the court to expunge law enforcement records relating to incidents occurring before his or her 18th birthday or his or her juvenile court records, or both, but only in any of the following circumstances:
(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 HB5017 Enrolled - 2 - LRB099 15629 RLC 43319 b offense, the person may petition the court at any time for expungement of law enforcement records and juvenile court records relating to the incident and upon termination of any person has attained the age of 18 or whenever 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, that person have been terminated, whichever is later, the person may petition the court to expunge law enforcement records relating to incidents occurring before his or her 18th birthday or his or her juvenile court records, or both, but only in any of the following circumstances:
or (d) the minor was adjudicated for an offense which would be a Class B misdemeanor, Class C misdemeanor, or a HB5017 Engrossed - 3 - LRB099 15629 RLC 43319 b petty or business offense if committed by an adult.
or (d) the minor was adjudicated for an offense which would be a Class B misdemeanor, Class C misdemeanor, or a HB5017 Enrolled - 3 - LRB099 15629 RLC 43319 b petty or business offense if committed by an adult.
The Department of State Police shall provide by rule the HB5017 Engrossed - 4 - LRB099 15629 RLC 43319 b process for access, review, and automatic expungement.
The Department of State Police shall provide by rule the HB5017 Enrolled - 4 - LRB099 15629 RLC 43319 b process for access, review, and automatic expungement.
The HB5017 Engrossed - 5 - LRB099 15629 RLC 43319 b Department of State Police shall provide by rule the process for access, review, and Request for Expungement of Juvenile Law Enforcement Records.
The HB5017 Enrolled - 5 - LRB099 15629 RLC 43319 b Department of State Police shall provide by rule the process for access, review, and Request for Expungement of Juvenile Law Enforcement Records.
or (b) 5 years have elapsed since all juvenile court HB5017 Engrossed - 6 - LRB099 15629 RLC 43319 b proceedings relating to him or her have been terminated or his or her commitment to the Department of Juvenile Justice pursuant to this Act has been terminated;
or (b) 5 years have elapsed since all juvenile court HB5017 Enrolled - 6 - LRB099 15629 RLC 43319 b proceedings relating to him or her have been terminated or his or her commitment to the Department of Juvenile Justice pursuant to this Act has been terminated;
or if a minor is adjudicated for an HB5017 Engrossed - 7 - LRB099 15629 RLC 43319 b offense that would be a Class B misdemeanor, a Class C misdemeanor, or a business or petty offense if committed by an adult;
or if a minor is adjudicated for an HB5017 Enrolled - 7 - LRB099 15629 RLC 43319 b offense that would be a Class B misdemeanor, a Class C misdemeanor, or a business or petty offense if committed by an adult;
HB5017 Engrossed - 8 - LRB099 15629 RLC 43319 b (2.7) For counties with a population over 3,000,000, the clerk of the circuit court shall send a "Notification of a Possible Right to Expungement" post card to the minor at the address last received by the clerk of the circuit court on the date that the minor attains the age of 18 based on the birthdate provided to the court by the minor or his or her guardian in cases under paragraphs (b), (c), and (d) of subsection (1);
HB5017 Enrolled - 8 - LRB099 15629 RLC 43319 b (2.7) For counties with a population over 3,000,000, the clerk of the circuit court shall send a "Notification of a Possible Right to Expungement" post card to the minor at the address last received by the clerk of the circuit court on the date that the minor attains the age of 18 based on the birthdate provided to the court by the minor or his or her guardian in cases under paragraphs (b), (c), and (d) of subsection (1);
) ) ...................) (Name of Petitioner) PETITION TO EXPUNGE JUVENILE RECORDS (705 ILCS 405/5-915 (SUBSECTION 1)) Now comes ............., petitioner, and respectfully requests that this Honorable Court enter an order expunging all juvenile HB5017 Engrossed - 9 - LRB099 15629 RLC 43319 b law enforcement and court records of petitioner and in support thereof states that:
) ) ...................) (Name of Petitioner) PETITION TO EXPUNGE JUVENILE RECORDS (705 ILCS 405/5-915 (SUBSECTION 1)) Now comes ............., petitioner, and respectfully requests that this Honorable Court enter an order expunging all juvenile HB5017 Enrolled - 9 - LRB099 15629 RLC 43319 b law enforcement and court records of petitioner and in support thereof states that:
HB5017 Engrossed - 10 - LRB099 15629 RLC 43319 b Disposition/Result:
HB5017 Enrolled - 10 - LRB099 15629 RLC 43319 b Disposition/Result:
Petitioner (Signature) HB5017 Engrossed - 11 - LRB099 15629 RLC 43319 b The Petition for Expungement for subsection (2) shall be substantially in the following form:
Petitioner (Signature) HB5017 Enrolled - 11 - LRB099 15629 RLC 43319 b The Petition for Expungement for subsection (2) shall be substantially in the following form:
and The incident for which the Petitioner seeks expungement occurred before the Petitioner's 18th birthday and the HB5017 Engrossed - 12 - LRB099 15629 RLC 43319 b adjudication was not based upon first-degree murder or sex offenses which would be felonies if committed by an adult, and the Petitioner has not had any convictions for any crime since his/her 18th birthday.
and The incident for which the Petitioner seeks expungement occurred before the Petitioner's 18th birthday and the HB5017 Enrolled - 12 - LRB099 15629 RLC 43319 b adjudication was not based upon first-degree murder or sex offenses which would be felonies if committed by an adult, and the Petitioner has not had any convictions for any crime since his/her 18th birthday.
HB5017 Engrossed - 13 - LRB099 15629 RLC 43319 b .......................
HB5017 Enrolled - 13 - LRB099 15629 RLC 43319 b .......................
Petitioner (Signature) (3) The chief judge of the circuit in which an arrest was made or a charge was brought or any judge of that circuit designated by the chief judge may, upon verified petition of a person who is the subject of an arrest or a juvenile court proceeding under subsection (1) or (2) of this Section, order the law enforcement records or official court file, or both, to be expunged from the official records of the arresting authority, the clerk of the circuit court and the Department of HB5017 Engrossed - 14 - LRB099 15629 RLC 43319 b State Police.
Petitioner (Signature) (3) The chief judge of the circuit in which an arrest was made or a charge was brought or any judge of that circuit designated by the chief judge may, upon verified petition of a person who is the subject of an arrest or a juvenile court proceeding under subsection (1) or (2) of this Section, order the law enforcement records or official court file, or both, to be expunged from the official records of the arresting authority, the clerk of the circuit court and the Department of HB5017 Enrolled - 14 - LRB099 15629 RLC 43319 b State Police.
IN THE CIRCUIT COURT OF ....., ILLINOIS HB5017 Engrossed - 15 - LRB099 15629 RLC 43319 b ....
IN THE CIRCUIT COURT OF ....., ILLINOIS HB5017 Enrolled - 15 - LRB099 15629 RLC 43319 b ....
Expungement You are hereby notified that on ....., at ....., in courtroom ..., located at ..., before the Honorable ..., Judge, or any judge sitting in his/her stead, I shall then and there present HB5017 Engrossed - 16 - LRB099 15629 RLC 43319 b a Petition to Expunge Juvenile records in the above-entitled matter, at which time and place you may appear.
Expungement You are hereby notified that on ....., at ....., in courtroom ..., located at ..., before the Honorable ..., Judge, or any judge sitting in his/her stead, I shall then and there present HB5017 Enrolled - 16 - LRB099 15629 RLC 43319 b a Petition to Expunge Juvenile records in the above-entitled matter, at which time and place you may appear.
Signature Clerk of the Circuit Court or Deputy Clerk HB5017 Engrossed - 17 - LRB099 15629 RLC 43319 b Printed Name of Delinquent Minor/Petitioner:
Signature Clerk of the Circuit Court or Deputy Clerk HB5017 Enrolled - 17 - LRB099 15629 RLC 43319 b Printed Name of Delinquent Minor/Petitioner:
The Illinois State Police Bureau of Identification and the following law enforcement agencies expunge all records HB5017 Engrossed - 18 - LRB099 15629 RLC 43319 b of petitioner relating to an arrest dated ......
The Illinois State Police Bureau of Identification and the following law enforcement agencies expunge all records HB5017 Enrolled - 18 - LRB099 15629 RLC 43319 b of petitioner relating to an arrest dated ......
) ) ...................) (Name of Petitioner) HB5017 Engrossed - 19 - LRB099 15629 RLC 43319 b NOTICE OF OBJECTION TO:(Attorney, Public Defender, Minor) .................................
) ) ...................) (Name of Petitioner) HB5017 Enrolled - 19 - LRB099 15629 RLC 43319 b NOTICE OF OBJECTION TO:(Attorney, Public Defender, Minor) .................................
The agency checked above respectfully requests that this case be continued and set for hearing on whether the expungement HB5017 Engrossed - 20 - LRB099 15629 RLC 43319 b should or should not be granted.
The agency checked above respectfully requests that this case be continued and set for hearing on whether the expungement HB5017 Enrolled - 20 - LRB099 15629 RLC 43319 b should or should not be granted.
HB5017 Engrossed - 21 - LRB099 15629 RLC 43319 b Date:
HB5017 Enrolled - 21 - LRB099 15629 RLC 43319 b Date:
(7)(a) The State Appellate Defender shall establish, maintain, and carry out, by December 31, 2004, a juvenile HB5017 Engrossed - 22 - LRB099 15629 RLC 43319 b expungement program to provide information and assistance to minors eligible to have their juvenile records expunged.
(7)(a) The State Appellate Defender shall establish, maintain, and carry out, by December 31, 2004, a juvenile HB5017 Enrolled - 22 - LRB099 15629 RLC 43319 b expungement program to provide information and assistance to minors eligible to have their juvenile records expunged.
The State Appellate Defender shall develop an expungement information packet that may be sent to eligible persons seeking expungement of their juvenile records, which may include, but is not limited to, a pre-printed expungement petition with instructions on how to complete the petition and a pamphlet containing information that would assist individuals through HB5017 Engrossed - 23 - LRB099 15629 RLC 43319 b the juvenile expungement process.
The State Appellate Defender shall develop an expungement information packet that may be sent to eligible persons seeking expungement of their juvenile records, which may include, but is not limited to, a pre-printed expungement petition with instructions on how to complete the petition and a pamphlet containing information that would assist individuals through HB5017 Enrolled - 23 - LRB099 15629 RLC 43319 b the juvenile expungement process.
(b) A person whose juvenile records have been expunged is HB5017 Engrossed - 24 - LRB099 15629 RLC 43319 b not entitled to remission of any fines, costs, or other money paid as a consequence of expungement.
(b) A person whose juvenile records have been expunged is HB5017 Enrolled - 24 - LRB099 15629 RLC 43319 b not entitled to remission of any fines, costs, or other money paid as a consequence of expungement.
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