Confidentiality of Records and Expungements (705 ILCS 405/Article 5, Part 9)

A. Law enforcement records (705 ILCS 405/5-905):
Inspection and copying of law enforcement records maintained by law enforcement agencies that relate to a minor who has been arrested and taken into custody before his or her 18th birthday shall be restricted to the following:

1. Judges of the circuit court and staff members of the court


2. Law enforcement officers, probation officers, or prosecutors and their staff


3. The minor, the minor�s parents or guardian and their attorneys, but only when the minor has been charged with an offense


4. Adult and Juvenile Prison Review Boards


5. Authorized military personnel


6. Persons doing bona fide research


7. Individuals responsible for supervising or providing temporary custody of the minor


8. No longer is an officer able to share every police contact with a school official. Law Enforcement agencies are limited to the following:
   
   The appropriate school official only if the agency or officer believes that there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school grounds.
   
   
   1. Inspection and copying shall be limited to law enforcement records transmitted to the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest by a local law enforcement agency under a reciprocal reporting system established and maintained between the school district and the local law enforcement agency under Section 10-20.14 of the School Code concerning a minor enrolled in a school within the school district who has been arrested or taken into custody for any of the following offenses:
   
   
   1. any violation of Article 24 of the Criminal Code of 1961 or the Criminal Code of 2012;
   2. a violation of the Illinois Controlled Substances Act;
   3. a violation of the Cannabis Control Act;
   4. a forcible felony as defined in Section 2-8 of the Criminal Code of 1961 or the Criminal Code of 2012;
   5. a violation of the Methamphetamine Control and Community Protection Act;
   6. a violation of Section 1-2 of the Harassing and Obscene Communications Act;
   7. a violation of the Hazing Act; or
   8. a violation of Section 12-1 Assault, 12-2 Aggravated Assault, 12-3 Battery, 12-3.05 Aggravated Battery, 12-3.1 Battery of unborn child; Aggravated batt of unborn child, 12-3.2 Domestic Battery, 12-3.4 Viol of Oder of Protection , 12-3.5 Interference of report of Domestic Battery, 12-5 Reckless Conduct, 12-7.3 Stalking, 12-7.4 Aggravated Stalking, 12-7.5 Cyberstalking, 25-1 Mob Action, or 25-5 Unlawful contact with street gang members; of the Criminal Code of 1961 or the Criminal Code of 2012.
   
   The information derived from the law enforcement records shall be kept separate from and shall not become a part of the official school record of that child and shall not be a public record. The information shall be used solely by the appropriate school official or officials whom the school has determined to have a legitimate educational or safety interest to aid in the proper rehabilitation of the child and to protect the safety of students and employees in the school. If the designated law enforcement and school officials deem it to be in the best interest of the minor, the student may be referred to in-school or community based social services if those services are available. "Rehabilitation services" may include interventions by school support personnel, evaluation for eligibility for special education, referrals to community-based agencies such as youth services, behavioral healthcare service providers, drug and alcohol prevention or treatment programs, and other interventions as deemed appropriate for the student.
   
   
   2. Any information provided to appropriate school officials whom the school has determined to have a legitimate educational or safety interest by local law enforcement officials about a minor who is the subject of a current police investigation that is directly related to school safety shall consist of oral information only, and not written law enforcement records, and shall be used solely by the appropriate school official or officials to protect the safety of students and employees in the school and aid in the proper rehabilitation of the child. The information derived orally from the local law enforcement officials shall be kept separate from and shall not become a part of the official school record of the child and shall not be a public record. This limitation on the use of information about a minor who is the subject of a current police investigation shall in no way limit the use of this information by prosecutors in pursuing criminal charges arising out of the information disclosed during a police investigation of the minor. For purposes of this paragraph, "investigation" means an official systematic inquiry by a law enforcement agency into actual or suspected criminal activity.


9. The Illinois Department of Corrections or Department of Juvenile Justice

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