Confidentiality of Records and Expungements (705 ILCS 405/Article 5, Part 9)
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.
This final Part of Article V will address juvenile offender reports and information maintained by law enforcement. Students will be provided with legal definitions for terms such as “release” and “expungement.” This unit will identify what actually constitutes a law enforcement record as well as the individuals or agencies eligible to view and/or copy them. Students should be able to clearly explain when a minor’s arrest and custody information may be released, with whom it may be shared, and when the information may be expunged by the minor.
Confidentiality is very important in the juvenile justice system and it is in the best interests of the minor, the student, and the student’s law enforcement agency to strictly adhere to the guidelines listed herein.
If a person or agency not listed in this section wishes to view or receive copies of a minor’s records, the records should not be released without a court order.
