Friday, April 11, 2014

Proposed Legislation Re; Expungement of Juvenile Records

On March 27, 2014, Representative Arthur Turner proposed an amendment to House Bill 4084, which amends Section 405/5-915 of the IL Juvenile Court Act, 705 ILCS 405/5-915.  

    It appears that the State Police must expunge certain juvenile records without the individual filing a petition to expunge.  Under the bill's amendment, automatic expungement by the State Police applies to the following conditions:

   (1) the minor had been arrested but no delinquency petition was filed; (2) the minor is 18 years old; and (3) 6 or more months have passed from the minor's most recent arrest.  

   The State Police is responsible for automatically expunging these records on an annual basis.  
     In other circumstances, the individual must file a petition to expunge, though this amendment allows a petition to include multiple offenses.  

This amendment applies to records of minors arrested or taken into custody on or after January 1, 2014.
 

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