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Amended Juvenile Records Law takes effect January 2018

12/21/2017 6:56:00 PM

 

PA100-0285 takes effect January 1, 2018. It requires

 

(705 ILCS 405/5-915) Sec. 5-915. Expungement of juvenile law enforcement and court records.

(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 law enforcement records relating to events occurring before an individual's 18th birthday if: ………[See the law for the parameters]

 

 

……….(a-5) Local law enforcement agencies shall send written notice to the minor of the expungement of any records within 60 days of automatic expungement or the date of service of an expungement order, whichever applies. If a minor's court file has been expunged, the clerk of the circuit court shall send written notice to the minor of the expungement of any records within 60 days of automatic expungement or the date of service of an expungement order, whichever applies.     

(b) Except with respect to authorized military personnel, an expunged juvenile record may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration. Applications for employment within the State must contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of adjudication or arrest. Employers may not ask, in any format or context, if an applicant has had a juvenile record expunged. Information about an expunged record obtained by a potential employer, even inadvertently, from an employment application that does not contain specific language that states that the applicant is not obligated to disclose expunged juvenile records of adjudication or arrest, shall be treated as dissemination of an expunged record by the employer.

(c) A person whose juvenile records have been expunged is not entitled to remission of any fines, costs, or other money paid as a consequence of expungement.

 

 

On December 15, 2017 The Cook County Justice Advisory Council issued a memo regarding the implementation of the Juvenile Records Expungement law. In regards to a statement of compliance to the law its states (in part):

 

“Effective Date

As expungements of the mere arrest category of cases (those arrests which do not lead to filings of petitions for a finding of delinquency) are required to take place by January 1st of each year according to the language of the new statute – and because this January 1st is both the effective date and a holiday -- there is no requirement nor would it be possible for the law enforcement agencies to have expunged these records before the law went into effect.  This is our view and the view of advocates for the bill who we have worked with during the development and passage of the bill.”

 

 

A link to the law http://www.ilga.gov/legislation/publicacts/100/100-0285.htm

 

 

 


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