UNIT I - GENERAL PROVISIONS
SPECIAL NOTE in reference to the following sections: 705 ILCS 405/1-7; 708 ILCS 405/1-8; 705 ILCS 405/5-905; 705 ILCS 405/5-915: Before releasing any law enforcement record or record of the court, verify if the record should have been sealed or expunged. If the record should have been sealed or expunged, you shall not release that record. Consequences now have penalties and that can be from a Class C misdemeanor offense, up to a class-4 felony offense, with monetary fines along with actual court costs and attorney fees.
G. Confidentiality of Law Enforcement Records and Municipal Ordinance (705 ILCS 405/1-7):
The confidentiality of law enforcement records is unique to juvenile cases in that the inspection and copying of law enforcement records maintained by a law enforcement agency and that relate to a minor who has been arrested or taken into custody before his/her 18th birthday.
The statute states that Juvenile Law Enforcement Records are restricted. Unless as allowed by this statute, all juvenile law enforcement records which have not been expunged are confidential and may never be disclosed to the general public or otherwise made widely available.
Juvenile law enforcement records may be obtained only under this Section and Section 1-8 and Part 9 of Article V of this Act, when their use is needed for good cause and with an order from the juvenile court, as required by those not authorized to retain them.
When can you share a Juvenile Law Enforcement Record?
The inspection, copying, and disclosure of juvenile law enforcement records maintained by law enforcement agencies or records of municipal ordinance violations maintained by any State, local, or municipal agency that relate to a minor who has been investigated, arrested, or taken into custody before his or her 18th birthday shall be restricted to the following:
Sec. 1-7. Confidentiality of law enforcement and municipal ordinance violation records.
- Any local, state, or federal law enforcement officer investigating or prosecuting a crime related to that minor.
- Prosecutors, probation officers, and/or social workers who are assigned by the court to conduct pre-adjudication or pre-disposition investigations.
- Prosecutors and probation officers during the course of a trial.
- Adult and juvenile prison review boards.
- Military personnel.
- Persons engaged in bona fide research, with the permission of the Presiding Judge of the Juvenile Court.
- Illinois Department of Children and Family Services child protection investigators acting in their official capacity.
- The minor who is subject of the juvenile law enforcement record, his or her parents, guardian, and counsel.
- Judges of the circuit court and members of the staff of the court designated by the judge.
- An administrative adjudication hearing officer or members of the staff designated to assist in the administrative adjudication process.
- Employees of the Federal government authorized by law.
- Collection agencies contracted or otherwise engaged by a governmental entity, to collect any debits due and owing to the governmental entity.
