Illinois 2025-2026 Regular Session

Illinois House Bill HB1815 Latest Draft

Bill / Introduced Version Filed 01/28/2025

                            104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB1815 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED: 705 ILCS 405/5-915 Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately. LRB104 08537 RLC 18589 b   A BILL FOR 104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB1815 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:  705 ILCS 405/5-915 705 ILCS 405/5-915  Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately.  LRB104 08537 RLC 18589 b     LRB104 08537 RLC 18589 b   A BILL FOR
104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB1815 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-915 705 ILCS 405/5-915
705 ILCS 405/5-915
Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately.
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A BILL FOR
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  HB1815  LRB104 08537 RLC 18589 b
1  AN ACT concerning criminal law.
2  Be it enacted by the People of the State of Illinois,
3  represented in the General Assembly:
4  Section 5. The Juvenile Court Act of 1987 is amended by
5  changing Section 5-915 as follows:
6  (705 ILCS 405/5-915)
7  Sec. 5-915. Expungement of juvenile law enforcement and
8  juvenile court records.
9  (0.05) (Blank).
10  (0.1)(a) The Illinois State Police and all law enforcement
11  agencies within the State shall automatically expunge, on or
12  before January 1 of each year, except as described in
13  paragraph (c) of this subsection (0.1), all juvenile law
14  enforcement records relating to events occurring before an
15  individual's 18th birthday if:
16  (1) one year or more has elapsed since the date of the
17  arrest or law enforcement interaction documented in the
18  records;
19  (2) no petition for delinquency or criminal charges
20  were filed with the clerk of the circuit court relating to
21  the arrest or law enforcement interaction documented in
22  the records; and
23  (3) 6 months have elapsed since the date of the arrest

 

104TH GENERAL ASSEMBLY
 State of Illinois
 2025 and 2026 HB1815 Introduced , by Rep. Curtis J. Tarver, II SYNOPSIS AS INTRODUCED:
705 ILCS 405/5-915 705 ILCS 405/5-915
705 ILCS 405/5-915
Amends the Juvenile Court Act of 1987. Provides that the juvenile law enforcement records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis are subject to automatic expungement. Provides that the law enforcement agency who initiated the violation shall automatically expunge, on or before January 1 and July 1 of each year, the juvenile law enforcement records of a person eligible under this provision. Provides that the law enforcement agency shall provide by rule the process for access, review, and confirmation of the automatic expungement by the law enforcement agency. Provides that the clerk of the circuit court shall expunge, upon order of the court, or in the absence of a court order on or before January 1 and July 1 of each year, the juvenile court records of a person who before his or her 21st birthday has committed an act which if committed by an adult would constitute a criminal violation under the Cannabis Control Act or a criminal violation of the Drug Paraphernalia Control Act with respect to cannabis in the clerk's possession or control and which contains the final satisfactory disposition which pertain to a person eligible under this provision. Effective immediately.
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    LRB104 08537 RLC 18589 b
A BILL FOR

 

 

705 ILCS 405/5-915



    LRB104 08537 RLC 18589 b

 

 



 

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1  without an additional subsequent arrest or filing of a
2  petition for delinquency or criminal charges whether
3  related or not to the arrest or law enforcement
4  interaction documented in the records.
5  (b) If the law enforcement agency is unable to verify
6  satisfaction of conditions (2) and (3) of this subsection
7  (0.1), records that satisfy condition (1) of this subsection
8  (0.1) shall be automatically expunged if the records relate to
9  an offense that if committed by an adult would not be an
10  offense classified as a Class 2 felony or higher, an offense
11  under Article 11 of the Criminal Code of 1961 or Criminal Code
12  of 2012, or an offense under Section 12-13, 12-14, 12-14.1,
13  12-15, or 12-16 of the Criminal Code of 1961.
14  (c) If the juvenile law enforcement record was received
15  through a public submission to a statewide student
16  confidential reporting system administered by the Illinois
17  State Police, the record will be maintained for a period of 5
18  years according to all other provisions in this subsection
19  (0.1).
20  (0.15) If a juvenile law enforcement record meets
21  paragraph (a) of subsection (0.1) of this Section, a juvenile
22  law enforcement record created:
23  (1) prior to January 1, 2018, but on or after January
24  1, 2013 shall be automatically expunged prior to January
25  1, 2020;
26  (2) prior to January 1, 2013, but on or after January

 

 

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1  1, 2000, shall be automatically expunged prior to January
2  1, 2023; and
3  (3) prior to January 1, 2000 shall not be subject to
4  the automatic expungement provisions of this Act.
5  Nothing in this subsection (0.15) shall be construed to
6  restrict or modify an individual's right to have the person's
7  juvenile law enforcement records expunged except as otherwise
8  may be provided in this Act.
9  (0.16) Notwithstanding any other provision of this
10  Section, commencing 180 days after the effective date of this
11  amendatory Act of the 104th General Assembly, the juvenile law
12  enforcement records of a person who before his or her 21st
13  birthday has committed an act which if committed by an adult
14  would constitute a criminal violation under the Cannabis
15  Control Act or a criminal violation of Section 3.5 of the Drug
16  Paraphernalia Control Act with respect to cannabis are subject
17  to automatic expungement. The law enforcement agency who
18  initiated the violation shall automatically expunge, on or
19  before January 1 and July 1 of each year, the juvenile law
20  enforcement records of a person eligible under this subsection
21  (0.16). The law enforcement agency shall provide by rule the
22  process for access, review, and confirmation of the automatic
23  expungement by the law enforcement agency.
24  (0.2)(a) Upon dismissal of a petition alleging delinquency
25  or upon a finding of not delinquent, the successful
26  termination of an order of supervision, or the successful

 

 

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1  termination of an adjudication for an offense which would be a
2  Class B misdemeanor, Class C misdemeanor, or a petty or
3  business offense if committed by an adult, the court shall
4  automatically order the expungement of the juvenile court
5  records and juvenile law enforcement records. The clerk shall
6  deliver a certified copy of the expungement order to the
7  Illinois State Police and the arresting agency. Upon request,
8  the State's Attorney shall furnish the name of the arresting
9  agency. The expungement shall be completed within 60 business
10  days after the receipt of the expungement order.
11  (b) If the chief law enforcement officer of the agency, or
12  the chief law enforcement officer's designee, certifies in
13  writing that certain information is needed for a pending
14  investigation involving the commission of a felony, that
15  information, and information identifying the juvenile, may be
16  retained until the statute of limitations for the felony has
17  run. If the chief law enforcement officer of the agency, or the
18  chief law enforcement officer's designee, certifies in writing
19  that certain information is needed with respect to an internal
20  investigation of any law enforcement office, that information
21  and information identifying the juvenile may be retained
22  within an intelligence file until the investigation is
23  terminated or the disciplinary action, including appeals, has
24  been completed, whichever is later. Retention of a portion of
25  a juvenile's law enforcement record does not disqualify the
26  remainder of a juvenile's record from immediate automatic

 

 

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1  expungement.
2  (0.3)(a) Upon an adjudication of delinquency based on any
3  offense except a disqualified offense, the juvenile court
4  shall automatically order the expungement of the juvenile
5  court and law enforcement records 2 years after the juvenile's
6  case was closed if no delinquency or criminal proceeding is
7  pending and the person has had no subsequent delinquency
8  adjudication or criminal conviction. On the date that the
9  minor's sentence ends or the date that the court enters an
10  order committing the minor to the Department of Juvenile
11  Justice, the juvenile court judge shall schedule a date to
12  enter the automatic expungement order. The minor must be
13  notified but shall not be required to be present for the
14  scheduled court date when automatic expungement is to be
15  ordered. If the minor is not yet eligible on the originally
16  scheduled date, the court shall schedule a subsequent date to
17  enter the automatic expungement order. The clerk shall deliver
18  a certified copy of the expungement order to the Illinois
19  State Police and the arresting agency. Upon request, the
20  State's Attorney shall furnish the name of the arresting
21  agency. The expungement shall be completed within 60 business
22  days after the receipt of the expungement order. In this
23  subsection (0.3), "disqualified offense" means any of the
24  following offenses: Section 8-1.2, 9-1, 9-1.2, 9-2, 9-2.1,
25  9-3, 9-3.2, 10-1, 10-2, 10-3, 10-3.1, 10-4, 10-5, 10-9,
26  11-1.20, 11-1.30, 11-1.40, 11-1.50, 11-1.60, 11-6, 11-6.5,

 

 

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1  12-2, 12-3.05, 12-3.3, 12-4.4a, 12-5.02, 12-6.2, 12-6.5,
2  12-7.1, 12-7.5, 12-20.5, 12-32, 12-33, 12-34, 12-34.5, 18-1,
3  18-2, 18-3, 18-4, 18-6, 19-3, 19-6, 20-1, 20-1.1, 24-1.2,
4  24-1.2-5, 24-1.5, 24-3A, 24-3B, 24-3.2, 24-3.8, 24-3.9,
5  29D-14.9, 29D-20, 30-1, 31-1a, 32-4a, or 33A-2 of the Criminal
6  Code of 2012, or subsection (b) of Section 8-1, paragraph (4)
7  of subsection (a) of Section 11-14.4, subsection (a-5) of
8  Section 12-3.1, paragraph (1), (2), or (3) of subsection (a)
9  of Section 12-6, subsection (a-3) or (a-5) of Section 12-7.3,
10  paragraph (1) or (2) of subsection (a) of Section 12-7.4,
11  subparagraph (i) of paragraph (1) of subsection (a) of Section
12  12-9, subparagraph (H) of paragraph (3) of subsection (a) of
13  Section 24-1.6, paragraph (1) of subsection (a) of Section
14  25-1, or subsection (a-7) of Section 31-1 of the Criminal Code
15  of 2012.
16  (b) If the chief law enforcement officer of the agency, or
17  the chief law enforcement officer's designee, certifies in
18  writing that certain information is needed for a pending
19  investigation involving the commission of a felony, that
20  information, and information identifying the juvenile, may be
21  retained in an intelligence file until the investigation is
22  terminated or for one additional year, whichever is sooner.
23  Retention of a portion of a juvenile's juvenile law
24  enforcement record does not disqualify the remainder of a
25  juvenile's record from immediate automatic expungement.
26  (0.31) Notwithstanding any other provision of this

 

 

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1  Section, commencing 180 after the effective date of this
2  amendatory Act of the 104th General Assembly, the clerk of the
3  circuit court shall expunge, upon order of the court, or in the
4  absence of a court order on or before January 1 and July 1 of
5  each year, the juvenile court records of a person who before
6  his or her 21st birthday has committed an act which if
7  committed by an adult would constitute a criminal violation
8  under the Cannabis Control Act or a criminal violation of
9  Section 3.5 of the Drug Paraphernalia Control Act with respect
10  to cannabis in the clerk's possession or control and which
11  contains the final satisfactory disposition which pertain to a
12  person eligible under this subsection (0.31).
13  (0.4) Automatic expungement for the purposes of this
14  Section shall not require law enforcement agencies to
15  obliterate or otherwise destroy juvenile law enforcement
16  records that would otherwise need to be automatically expunged
17  under this Act, except after 2 years following the subject
18  arrest for purposes of use in civil litigation against a
19  governmental entity or its law enforcement agency or personnel
20  which created, maintained, or used the records. However, these
21  juvenile law enforcement records shall be considered expunged
22  for all other purposes during this period and the offense,
23  which the records or files concern, shall be treated as if it
24  never occurred as required under Section 5-923.
25  (0.5) Subsection (0.1) or (0.2) of this Section does not
26  apply to violations of traffic, boating, fish and game laws,

 

 

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1  or county or municipal ordinances.
2  (0.6) Juvenile law enforcement records of a plaintiff who
3  has filed civil litigation against the governmental entity or
4  its law enforcement agency or personnel that created,
5  maintained, or used the records, or juvenile law enforcement
6  records that contain information related to the allegations
7  set forth in the civil litigation may not be expunged until
8  after 2 years have elapsed after the conclusion of the
9  lawsuit, including any appeal.
10  (0.7) Officer-worn body camera recordings shall not be
11  automatically expunged except as otherwise authorized by the
12  Law Enforcement Officer-Worn Body Camera Act.
13  (1) Whenever a person has been arrested, charged, or
14  adjudicated delinquent for an incident occurring before a
15  person's 18th birthday that if committed by an adult would be
16  an offense, and that person's juvenile law enforcement and
17  juvenile court records are not eligible for automatic
18  expungement under subsection (0.1), (0.2), or (0.3), the
19  person may petition the court at any time at no cost to the
20  person for expungement of juvenile law enforcement records and
21  juvenile court records relating to the incident and, upon
22  termination of all juvenile court proceedings relating to that
23  incident, the court shall order the expungement of all records
24  in the possession of the Illinois State Police, the clerk of
25  the circuit court, and law enforcement agencies relating to
26  the incident, but only in any of the following circumstances:

 

 

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1  (a) the minor was arrested and no petition for
2  delinquency was filed with the clerk of the circuit court;
3  (a-5) the minor was charged with an offense and the
4  petition or petitions were dismissed without a finding of
5  delinquency;
6  (b) the minor was charged with an offense and was
7  found not delinquent of that offense;
8  (c) the minor was placed under supervision under
9  Section 5-615, and the order of supervision has since been
10  successfully terminated; or
11  (d) the minor was adjudicated for an offense which
12  would be a Class B misdemeanor, Class C misdemeanor, or a
13  petty or business offense if committed by an adult.
14  (1.5) At no cost to the person, the Illinois State Police
15  shall allow a person to use the Access and Review process,
16  established in the Illinois State Police, for verifying that
17  the person's juvenile law enforcement records relating to
18  incidents occurring before the person's 18th birthday eligible
19  under this Act have been expunged.
20  (1.6) (Blank).
21  (1.7) (Blank).
22  (1.8) (Blank).
23  (2) Any person whose delinquency adjudications are not
24  eligible for automatic expungement under subsection (0.3) of
25  this Section may petition the court at no cost to the person to
26  expunge all juvenile law enforcement records relating to any

 

 

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1  incidents occurring before the person's 18th birthday which
2  did not result in proceedings in criminal court and all
3  juvenile court records with respect to any adjudications
4  except those based upon first degree murder or an offense
5  under Article 11 of the Criminal Code of 2012 if the person is
6  required to register under the Sex Offender Registration Act
7  at the time the person petitions the court for expungement;
8  provided that 2 years have elapsed since all juvenile court
9  proceedings relating to the person have been terminated and
10  the person's commitment to the Department of Juvenile Justice
11  under this Act has been terminated.
12  (2.5) If a minor is arrested and no petition for
13  delinquency is filed with the clerk of the circuit court at the
14  time the minor is released from custody, the youth officer, if
15  applicable, or other designated person from the arresting
16  agency, shall notify verbally and in writing to the minor or
17  the minor's parents or guardians that the minor shall have an
18  arrest record and shall provide the minor and the minor's
19  parents or guardians with an expungement information packet,
20  information regarding this State's expungement laws including
21  a petition to expunge juvenile law enforcement and juvenile
22  court records obtained from the clerk of the circuit court.
23  (2.6) If a minor is referred to court, then, at the time of
24  sentencing, dismissal of the case, or successful completion of
25  supervision, the judge shall inform the delinquent minor of
26  the minor's rights regarding expungement and the clerk of the

 

 

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1  circuit court shall provide an expungement information packet
2  to the minor, written in plain language, including information
3  regarding this State's expungement laws and a petition for
4  expungement, a sample of a completed petition, expungement
5  instructions that shall include information informing the
6  minor that (i) once the case is expunged, it shall be treated
7  as if it never occurred, (ii) the minor shall not be charged a
8  fee to petition for expungement, (iii) once the minor obtains
9  an expungement, the minor may not be required to disclose that
10  the minor had a juvenile law enforcement or juvenile court
11  record, and (iv) if petitioning the minor may file the
12  petition on the minor's own or with the assistance of an
13  attorney. The failure of the judge to inform the delinquent
14  minor of the minor's right to petition for expungement as
15  provided by law does not create a substantive right, nor is
16  that failure grounds for: (i) a reversal of an adjudication of
17  delinquency; (ii) a new trial; or (iii) an appeal.
18  (2.6-1) A trafficking victim, as defined by paragraph (10)
19  of subsection (a) of Section 10-9 of the Criminal Code of 2012,
20  may petition for vacation and expungement or immediate sealing
21  of his or her juvenile court records and juvenile law
22  enforcement records relating to events that resulted in the
23  victim's adjudication of delinquency for an offense if
24  committed by an adult would be a violation of the criminal laws
25  occurring before the victim's 18th birthday upon the
26  completion of his or her juvenile court sentence if his or her

 

 

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1  participation in the underlying offense was a result of human
2  trafficking under Section 10-9 of the Criminal Code of 2012 or
3  a severe form of trafficking under the federal Trafficking
4  Victims Protection Act.
5  (2.7) (Blank).
6  (2.8) (Blank).
7  (3) (Blank).
8  (3.1) (Blank).
9  (3.2) (Blank).
10  (3.3) (Blank).
11  (4) (Blank).
12  (5) (Blank).
13  (5.5) Whether or not expunged, records eligible for
14  automatic expungement under subdivision (0.1)(a), (0.2)(a), or
15  (0.3)(a) may be treated as expunged by the individual subject
16  to the records.
17  (6) (Blank).
18  (6.5) The Illinois State Police or any employee of the
19  Illinois State Police shall be immune from civil or criminal
20  liability for failure to expunge any records of arrest that
21  are subject to expungement under this Section because of
22  inability to verify a record. Nothing in this Section shall
23  create Illinois State Police liability or responsibility for
24  the expungement of juvenile law enforcement records it does
25  not possess.
26  (7) (Blank).

 

 

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1  (7.5) (Blank).
2  (8) The expungement of juvenile law enforcement or
3  juvenile court records under subsection (0.1), (0.2), or (0.3)
4  of this Section shall be funded by appropriation by the
5  General Assembly for that purpose.
6  (9) (Blank).
7  (10) (Blank).
8  (Source: P.A. 102-538, eff. 8-20-21; 102-558, eff. 8-20-21;
9  102-752, eff. 1-1-23; 103-22, eff. 8-8-23; 103-154, eff.
10  6-30-23; 103-379, eff. 7-28-23; 103-605, eff. 7-1-24; 103-717,
11  eff. 1-1-25; 103-787, eff. 1-1-25; revised 11-26-24.)

 

 

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