Worried about doing this on your own? You may be able to get free legal help.
All law enforcement and court records in juvenile court are confidential. This means that most people cannot see them. But there are some employers and government agencies that can still see sealed records. Expungement will prevent them from seeing your records, too.
Different types of juvenile records can be expunged at different times. The process usually takes at least 5 months, but it can take much longer. If you went to court for a case, the charges listed in the outcome or disposition are what you should use to determine whether a record can be expunged. These charges may be different than the original charge.
The time it takes can also depend on the waiting periods that may apply, as well as if there are any objections from law enforcement or the state's attorney. Adult convictions are no longer a bar to filing for an expungement. Please note that you can still petition the court to expunge your record for arrests where you did not go to court, even if other parts of your record are not eligible for expungement.
What is eligible for immediate expungement?
Some juvenile records are eligible to be deleted as soon as the matter is closed, even if you are not 18 at that time. This includes:
- A juvenile case was filed, and:
- did not result in a finding of guilt, whether dismissed (“thrown out”), found not guilty, etc. A case can be dismissed by Nolle Prosequi or Stricken Off with Leave to Reinstate (SOL).
- the court case was dismissed in court;
- resulted in a finding of guilt of a Class B or C misdemeanor or petty offense.
- A closed juvenile case, and:
- you were arrested and never charged or not prosecuted by the State’s Attorney;
- you never went before a judge;
- you had an informal or formal station adjustment;
- you were sentenced to supervision and completed it successfully.
What is eligible for expungement after a waiting period?
After 1 year
Arrests that did not result in charges. You cannot have any arrests or charges within six months before expungement.
Arrest and court records of cases if they result in:
- Dismissal
- Finding of "not delinquent."
- Order of supervision that is terminated successfully
- Finding of guilt for a Class B or C misdemeanor or petty or business offense
After 2 years
This starts at the end of the last juvenile court sentence (including any time spent incarcerated). Note: Being eligible does not mean that an expungement will be granted. If you have an adult conviction or if the offense is a “forcible felony,” the judge has the discretion to grant or deny the petition.
- You were arrested as a juvenile; and
- Findings of guilt for Class A misdemeanor or non-violent felony offense (subject to exceptions). Must be no other pending cases or findings of guilty.
What juvenile records can never be expunged?
- Findings of guilt for first-degree murder;
- Found guilty of a felony sex offense and required to register as a sex offender for a juvenile case, you may be able to ask a judge to order you off the sex offender registry;
However, If you were arrested for one of these offenses, but were not found guilty or were found guilty of a different kind of offense, you may still be able to expunge that record.
If you have been convicted as an adult, you are never eligible to expunge any findings of guilty for Class A misdemeanors or felony offenses from your juvenile record.
How do I know if the expungement worked?
You can make sure the expungement has worked by contacting the law enforcement agency that arrested you. There should be no record of your arrest after the expungement process.
Legal Comment
Worried about doing this on your own? You may be able to get free legal help.
Only logged-in users can post comments. Please log in or register if you want to leave a comment. We do our best to reply to each comment. We can't give legal advice in the comments, so if you have a question or need legal help, please go to Get Legal Help.