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Juvenile records consist of two parts:
- Court records, and
- Police records.
Each record contains this information:
- Date of arrest,
- Charge(s),
- Offense(s) you were charged with,
- Outcome(s), and
- The sentence, if any.
In order to get your records, you need to know:
- The name, address, and telephone number of the law enforcement agency that arrested you,
- The date you were arrested, and
- The charge you were arrested for.
You will also need to know the disposition of your case (what happened) or a RAP sheet. For example:
- Dismissed,
- Adjudicated delinquent, or
- Adjudicated not delinquent.
This won't exist if you were arrested but not charged. If you were adjudicated delinquent, you would need to know the final charge, meaning whether it was a felony or misdemeanor. If it was a misdemeanor, you need to know whether it was a class A, B, or C misdemeanor.
Finally, you need to know when your last juvenile proceeding ended (termination of probation, date of dismissal, or date adjudicated not delinquent).
The process is different depending on where your arrests happened. If you have juvenile records from a state other than Illinois, check with the state where your records are to see if juvenile expungement is an option.
Please select from the following options to locate your records:
Use the worksheet on page 9 of this document to write down the information from all of your records. Then look up which ones are eligible and which are not.
To expunge your juvenile record, you need to file court papers with the clerk's office, even if you were only arrested and never went to court. You need to file the court papers in the county where your arrests, charges, or convictions happened.
Use this program to help you fill out the forms you need.
The program will help you fill out the following forms:
- Request to Expunge Juvenile Records: Asks the judge to expunge your records,
- Additional Juvenile Records: If you have more than 6 arrests or cases,
- Notice of Filing for Juvenile Expungement: Tells the arresting agency that you are asking the court to expunge your juvenile records,
- Additional Notice of Filing for Juvenile Expungement: If you want to expunge more than 20 juvenile records,
- Additional Arresting Agencies: If you have more than 2 arresting agencies or if you were arrested in more than 2 different cities, towns, or villages, and
- Order to Expunge Juvenile Records: Used by the judge to say your Request to Expunge Juvenile Records is approved or denied. You may have to use more than one if you want to expunge more than 20 juvenile records.
Make at least two copies of your completed court forms.
Now that you have filled out your forms, you need to file them with the appropriate circuit clerk. You will need to electronically file ("e-file") them unless you have an exemption.
Now that you have filled out your court forms, file your documents online via e-filing, or in person, if you qualify for an exemption from the Illinois e-filing mandate. If you do not have access to a computer or a scanner, you can use a public terminal to e-file your forms at the courthouse. See E-Filing Basics for more information.
The clerk’s office will send notice of your petition to the Illinois State Police, the State’s Attorney’s Office, and the law enforcement agency that arrested you. They have up to 45 days to object to your petition, but usually, they do not object unless the paperwork was filled out incorrectly, or you are not eligible to expunge your record.
If an agency objects to your petition within 45 days, the Clerk will schedule a hearing which you are required to attend. If you do not go to your hearing, your case will be dismissed.
Wait 45 days
If there is no hearing date scheduled, contact the Clerk's office about your case after 45 days have passed to determine the status of your case.
If a hearing was scheduled, you, a family member, or your lawyer must go to court on that date. Otherwise, proceed to the next step.
You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge.
To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:
- Plaintiff's or Petitioner's name,
- Defendant's or Respondent's name,
- Case number,
- Judicial circuit,
- County, and
- Division.
If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.
Bring these items with you to court:
- Copies of all the documents you filed with the Circuit Clerk,
- Any witnesses you want to testify,
- Any documents you want the judge to look at, and
- A photo ID.
Follow these suggestions when going to court:
- Be polite and dress the way you would for a job interview,
- Get to the courthouse at least 30-45 minutes before your hearing time,
- Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk.,
- Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat,
- Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom),
- Listen for your name or your line number to be called and then step up to the bench,
- You may be sworn to tell the truth. Answer the questions truthfully.,
- Explain briefly the issue you would like to address before leaving the courthouse,
- After listening to you and to the other side, they will tell you what happens next, and
- You should receive a copy of whatever order is entered that day. Don’t leave the courtroom without it.
The agencies that you listed on your Notice of Filing for Juvenile Expungement form may be at your hearing and could ask you questions about your case.
You will have a chance to respond to any objections to your request for expungement. If there are objections, you may ask for a continuance and seek legal advice. Contact the Office of the State Appellate Defender.
The judge makes the final decision. To decide, the judge will:
- Review any objections filed by the agencies you listed on your Notice of Filing for Juvenile Expungement form,
- Determine if you are eligible under the law, and
- Review other factors they are allowed to consider, including:
- The reasons why the state, the arresting agencies, or chief legal officers want to keep your records from being erased,
- Your age, juvenile and criminal records,
- The period of time between your arrest or court case and the filing of the request to expunge your records, and
- The specific negative results you may suffer if the request is denied. Be prepared to tell the judge about these.
Ask the Circuit Clerk and/or State’s Attorney for a copy of the expungement order whether it is granted or denied. Do not leave without your paperwork. Keep your copy in a safe place. Once your arrests or cases are expunged, the court no longer has a court record for you. It may be very difficult or impossible to get another copy of the order.
Request approved
If the judge approves your request, a copy of the order will be sent by the Circuit Clerk to the Illinois State Police (ISP) and the police departments and prosecutors that you listed on the Notice of Filing for Juvenile Expungement. These agencies have 60 days from the time they receive a copy of the order to expunge your records.
The ISP will send you a letter stating that they have expunged your juvenile records. Until you receive this letter from the ISP, your records have not yet been expunged.
If you have not heard back in 55 days, call them and ask if it has been done. Also call your local law enforcement agency, because they may not send you a letter.
Request denied
If your petition is denied at the hearing, you may file a Motion to Reconsider within 60 days of the denial. Learn more about Preparing, filing, and presenting motions in court.
You can also appeal the decision to the Illinois Appellate Court. Learn more about Appealing a circuit court decision.
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