Overview Description

Records relating to a dismissed delinquency petition or a finding of not delinquent will be expunged within 60 business days. 705 ILCS 405/5-915(0.2)(a).

Ineligible Category or Citation

No statutory language regarding ineligible offenses.

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(0.2)(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 within 60 business days of the dismissal.

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