The Law Firm of Franks & Rechenberg, P.C.

AUTOMATIC JUVENILE EXPUNGEMENT

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AUTOMATIC JUVENILE EXPUNGEMENT @ AGE 18 BY ISP

P.A. 98-637, eff. 1-1-15

705 ILCS 405/5-915 5 ILCS 160/3 20 ILCS 2630/5.2

Amends the State Records Act. Exempts from the provisions of the Act juvenile law enforcement records in the possession of the Department of State Police subject to automatic expungement under the Juvenile Court Act of 1987.

Amends the Criminal Identification Act. Removes the ability to object to a petition for expungement of a conviction record if filed by a person who has been granted a pardon with authorization for expungement on the offense by the Governor. Amends the Juvenile Court Act of 1987. Provides that 180 days after the effective date of this amendatory Act, the Department of State Police shall automatically expunge, on or before January 1 of each year, a person’s law enforcement records relating to incidents occurring before his or her 18th birthday in the Department’s possession or control which pertain to the person when arrested as a minor if: (1) the minor was arrested for an eligible offense and no petition for delinquency was filed with the clerk of the circuit court; (2) the person attained the age of 18 years during the last calendar year; and (3) since the date of the minor’s most recent arrest, at least 6 months have elapsed without an additional arrest, filing of a petition for delinquency whether related or not to a previous arrest, or filing of changes not initiated by arrest. Provides that nothing in the automatic expungement provisions precludes a person from filing a petition for expungement of records subject to automatic expungement. Provides that eligible offenses under the automatic expungement provisions are records relating to an arrest or incident occurring before the person’s 18th birthday that if committed by an adult is not an offense classified as a Class 2 felony or higher offense or sex offense. Also commencing on the effective date of this amendatory Act, a person whose law enforcement records are not subject to automatic expungement and who has attained the age of 18 years may use the Access and Review process, established in the Department of State Police, for verifying and expunging his or her law enforcement records relating to incidents occurring before his or her 18th birthday in the Department’s possession or control which pertain to the person when arrested for an eligible offense as a minor, if the incident occurred no earlier than 30 years before the effective date of this amendatory Act. Establishes procedures. Provides that a petition for expungement may include multiple offenses on the same petition, if the petitioner is 18 years of age or older and when a minor was arrested and no delinquency petition filed or if filed was found not delinquent of the offense or supervision successfully completed, or the offense would be a Class B misdemeanor or lesser offense if committed by an adult. Provides 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 the new provisions because of inability to verify a record. Provides that nothing in the expungement provisions shall create Department of State Police liability or responsibility for the expungement of law enforcement records it does not possess. Automatic expungement of records applies to law enforcement records of minors arrested or taken into custody on or after January 1, 2015 and access and review expungement of records of an incident no earlier than 30 years before the effective date of the amendatory Act applies to law enforcement records of minors arrested or taken into custody before January 1, 2015.