Overview Description

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).

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 and be substantially similar to the form provided in subsection 2.8. 705 ILCS 405/5-915. For the specific procedure, see 705 ILCS 405/5-915(3).

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).

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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