Illinois: Juvenile Law Enforcement Records (IL-LE-4)

A record relating to an arrest or law enforcement interaction will be expunged automatically, so long as at least one year has elapsed since the arrest or interaction, six months have elapsed without a subsequent arrest or filing of a delinquency petition or criminal charge, and the person is not subject to a disqualifying event. 705 ILCS 405/5-915(0.1)(a).

Record Detail(s)

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Mandatory

Hearing

No

Clearance Process

Automatic

Remedy

Expunge

Ineligible Category or Citation

The person is not eligible for expungement under this section if a delinquency petition or criminal charges were filed with the court relating to the arrest or law enforcement interaction documented in the records. 705 ILCS 405/5-915(0.1)(a).

Procedure General

The procedure is automatic.

Fees

There is no statutory language regarding fees.

Effect

The Illinois State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of subsection (0.1), all juvenile law enforcement records relating to events of the offense. 705 ILCS 405/5-915(0.1).

Waiting Periods

By January 1 of each year, all police departments must expunge juvenile arrests if at least one year has elapsed, no delinquency or criminal cases have been filed related to that arrest, and six months have elapsed without an additional arrest or filing of a petition or criminal case.

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