§ 5-920 — Petitions for expungement

Illinois § 5-920

• Jurisdiction: Illinois
• Topic: RIGHTS AND REMEDIES
• Ch. 705: COURTS
• Act 705 ILCS 405/: Juvenile Court Act of 1987.
• Art.: Article V - Delinquent Minors

Text

(a) The petition for expungement for subsections (1) and (2) of Section 5-915 may include multiple offenses on the same petition and shall be substantially in the following form: IN THE CIRCUIT COURT OF ......, ILLINOIS ........ JUDICIAL CIRCUIT IN THE INTEREST OF ) NO. ) ) ...................) (Name of Petitioner) PETITION TO EXPUNGE JUVENILE RECORDS (Section 5-915 of the Juvenile Court Act of 1987 (Subsections 1 and 2)) Now comes ............., petitioner, and respectfully requests that this Honorable Court enter an order expunging all juvenile law enforcement and court records of petitioner and in support thereof states that: Petitioner was arrested on ..... by the ....... Police Department for the offense or offenses of ......., and: (Check All That Apply:) ( ) a. no petition or petitions were filed with the Clerk of the Circuit Court. ( ) b. was charged with ...... and was found not delinquent of the offense or offenses. ( ) c. a petition or petitions were filed and the petition or petitions were dismissed without a finding of delinquency on ..... ( ) d. on ....... placed under supervision pursuant to Section 5-615 of the Juvenile Court Act of 1987 and such order of supervision successfully terminated on ........ ( ) e. was adjudicated for the offense or offenses, which would have been a Class B misdemeanor, a Class C misdemeanor, or a petty offense or business offense if committed by an adult. ( ) f. was adjudicated for a Class A misdemeanor or felony, except 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, and 2 years have passed since the case was closed. Petitioner .... has .... has not been arrested on charges in this or any county other than the charges listed above. If petitioner has been arrested on additional charges, please list the charges below: Charge(s): ...... Arresting Agency or Agencies: ........... Disposition/Result: (choose from a. through f., above): ..... WHEREFORE, the petitioner respectfully requests this Honorable Court to (1) order all law enforcement agencies to expunge all records of petitioner to this incident or incidents, and (2) to order the Clerk of the Court to expunge all records concerning the petitioner regarding this incident or incidents. ...................... Petitioner (Signature) .......................... Petitioner's Street Address ..................... City, State, Zip Code ............................. Petitioner's Telephone Number Pursuant to the penalties of perjury under the Code of Civil Procedure, 735 ILCS 5/1-109, I hereby certify that the statements in this petition are true and correct, or on information and belief I believe the same to be true. ...................... Petitioner (Signature) (b) 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 Section 5-915, order the juvenile 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 Illinois State Police. The person whose juvenile law enforcement record, juvenile court record, or both, are to be expunged shall petition the court using the appropriate form containing the person's current address and shall promptly notify the clerk of the circuit court of any change of address. Notice of the petition shall be served upon the State's Attorney or prosecutor charged with the duty of prosecuting the offense, the Illinois State Police, and the arresting agency or agencies by the clerk of the circuit court. If an objection is filed within 45 days of the notice of the petition, the clerk of the circuit court shall set a date for hearing after the 45-day objection period. At the hearing, the court shall hear evidence on whether the expungement should or should not be granted. Unless the State's Attorney or prosecutor, the Illinois State Police, or an arresting agency objects to the expungement within 45 days of the notice, the court may enter an order granting expungement. The clerk shall forward a certified copy of the order to the Illinois State Police and deliver a certified copy of the order to the arresting agency. (c) The Notice of Expungement shall be in substantially the following form: IN THE CIRCUIT COURT OF ....., ILLINOIS .... JUDICIAL CIRCUIT IN THE INTEREST OF ) NO. ) ) ...................) (Name of Petitioner) NOTICE TO: State's Attorney TO: Arresting Agency ................ ................ ................ ................ TO: Illinois State Police ..................... ..................... ATTENTION: Expungement You are hereby notified that on ....., at ....., in courtroom ..., located at ..., before the Honorable ..., Judge, or any judge sitting in the Judge's stead, I shall then and there present a Petition to Expunge Juvenile Records in the above-entitled matter, at which time and place you may appear. ...................... Petitioner's Signature ........................... Petitioner's Street Address ..................... City, State, Zip Code ............................. Petitioner's Telephone Number PROOF OF SERVICE On the ....... day of ......, 20..., I on oath state that I served this notice and true and correct copies of the above-checked documents by: (Check One:) delivering copies personally to each entity to whom they are directed; or by mailing copies to each entity to whom they are directed by depositing the same in the U.S. Mail, proper postage fully prepaid, before the hour of 5:00 p.m., at the United States Postal Depository located at ................. ......................................... Signature Clerk of the Circuit Court or Deputy Clerk Printed Name of Delinquent Minor/Petitioner: .... Address: ........................................ Telephone Number: ............................... (d) The Order of Expungement shall be in substantially the following form: IN THE CIRCUIT COURT OF ....., ILLINOIS .... JUDICIAL CIRCUIT IN THE INTEREST OF ) NO. ) ) ...................) (Name of Petitioner) DOB ................ Arresting Agency/Agencies ...... ORDER OF EXPUNGEMENT (Section 5-920 of the Juvenile Court Act of 1987 (Subsection c)) This matter having been heard on the petitioner's motion and the court being fully advised in the premises does find that the petitioner is indigent or has presented reasonable cause to waive all costs in this matter, IT IS HEREBY ORDERED that: ( ) 1. Clerk of Court and Illinois State Police costs are hereby waived in this matter. ( ) 2. The Illinois State Police Bureau of Identification and the following law enforcement agencies expunge all records of petitioner relating to an arrest dated ...... for the offense of ...... Law Enforcement Agencies: ......................... ......................... ( ) 3. IT IS FURTHER ORDERED that the Clerk of the Circuit Court expunge all records regarding the above-captioned case. ENTER: ...................... JUDGE DATED: ....... Name: Attorney for: Address: City/State/Zip: Attorney Number: (e) The Notice of Objection shall be in substantially the following form: IN THE CIRCUIT COURT OF ....., ILLINOIS ....................... JUDICIAL CIRCUIT IN THE INTEREST OF ) NO. ) ) ...................) (Name of Petitioner) NOTICE OF OBJECTION TO:(Attorney, Public Defender, Minor) ................................. ................................. TO:(Illinois State Police) ................................. ................................. TO:(Clerk of the Court) ................................. ................................. TO:(Judge) ................................. ................................. TO:(Arresting Agency/Agencies) ................................. ................................. ATTENTION: You are hereby notified that an objection has been filed by the following entity regarding the above-named minor's petition for expungement of juvenile records: ( ) State's Attorney's Office; ( ) Prosecutor (other than State's Attorney's Office) charged with the duty of prosecuting the offense sought to be expunged; ( ) Illinois State Police; or ( ) Arresting Agency or Agencies. The agency checked above respectfully requests that this case be continued and set for hearing on whether the expungement should or should not be granted. DATED: ....... Name: Attorney For: Address: City/State/Zip: Telephone: Attorney No.: FOR USE BY CLERK OF THE COURT PERSONNEL ONLY This matter has been set for hearing on the foregoing objection, on ...... in room ...., located at ....., before the Honorable ....., Judge, or any judge sitting in the Judge's stead. (Only one hearing shall be set, regardless of the number of Notices of Objection received on the same case). A copy of this completed Notice of Objection containing the court date, time, and location, has been sent via regular U.S. Mail to the following entities. (If more than one Notice of Objection is received on the same case, each one must be completed with the court date, time and location and mailed to the following entities): ( ) Attorney, Public Defender or Minor; ( ) State's Attorney's Office; ( ) Prosecutor (other than State's Attorney's Office) charged with the duty of prosecuting the offense sought to be expunged; ( ) Illinois State Police; and ( ) Arresting agency or agencies. Date: ...... Initials of Clerk completing this section: .....

Legislative History

(Source: P.A. 103-22, eff. 8-8-23.)