Illinois: Juvenile Court Records and Law Enforcement Records (IL-AR-16)

Records relating to adjudications not eligible for automatic expungement under (.03) can be expunged upon petition, so long as two years have elapsed since the termination of all juvenile court proceedings and the person's commitment to the Department of Juvenile Justice has terminated, and the person is not subject to a disqualifying event. 705 ILCS 405/5-915(2).

Record Detail(s)

Charges adjudicated

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

The following offenses are not eligible for expungement under this section: first degree murder or an offense under Article 11 of the Criminal Code of 2012 if the person is required to register under the Sex Offender Registration Act. 705 ILCS 405/5-915(2).

Procedure General

The petition must be filed with the court. For specific procedure, see 705 ILCS 405/5-915.

Fees

There is no statutory language regarding fees.

Effect

If the petitioner qualifies for expungement, the court shall order the expungement of all records in the possession of the Illinois State Police, the clerk of the circuit court, and law enforcement agencies relating to the incident. For information about the effect of expungement, see 705 ILCS 405/5-915.

Forms

See 705 ILCS 405/5-915(2.8) for information regarding the appropriate forms.

Waiting Periods

A petition can be filed after two years have elapsed since all juvenile court proceedings and any commitment to the Department of Juvenile Justice ends.

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