Overview Description

A record relating to certain juvenile delinquency adjudications will be expunged two years after the case is closed, so long as the person is not subject to a disqualifying event. 705 ILCS 405/5-915(0.3)(a).

Ineligible Category or Citation

The person is ineligible for expungement under this section if the person has: (a) pending delinquency or criminal proceedings, or (b) a subsequent delinquency adjudication or criminal conviction. Numerous offenses are not eligible for expungement under this section. 705 ILCS 405/5-915(0.3)(a).

Procedure General

The expungement is automatic. However, if the chief law enforcement officer of an agency, or their designee, certifies in writing that certain information is needed for a pending investigation involving the commission of a felony, that identifying information can be retained in an intelligence file until the investigation is terminated or for one additional year, whichever is sooner. 705 ILCS 405/5-915(0.3)(b).

Fees

There is no statutory language regarding fees.

Effect

To expunge means to physically destroy the records and to obliterate the minor’s name and juvenile court records from any official index, public record, or electronic database. No evidence of the juvenile court records can be retained by any law enforcement agency or the juvenile court, or by any municipal, county, or state agency or department. 705 ILCS 405/5-915(.05).

For further information about the effect of expungement, see 705 ILCS 405/5-915(4), (8)(a).

Waiting Periods

The records should be expunged two years after the case was closed.

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