Overview Description

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).
(Effective Jan. 1, 2018)

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

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

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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