Crime & Traffic

If you were arrested or had police contact before your 18th birthday, you likely have a record. You could qualify to expunge To physically remove someone's name from a legal record. it. You must know the date of arrest, the charge, and the outcome of the arrest to get it expunged. Learn more about juvenile records, including how they are created and where they are kept. 

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. 

What is eligible for immediate expungement?

Some juvenile records are eligible to be expunged automatically 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 Cases dismissed with no further action anticipated. (“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; or
  • Resulted in a finding of guilt of a Class B or C misdemeanor A lesser crime punishable by a fine or confinement in county jail for up to one year. 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; or
  • 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; or
  • 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 Any court that has jurisdiction over matters involving juveniles. sentence (including any time spent incarcerated). Note: Being eligible does not mean that an expungement will be granted. If you have an adult conviction When someone is declared guilty of a crime by a court or if the offense is a “forcible felony A serious crime that is punishable by more than one year in prison ,” the judge has the discretion to grant or deny To refuse or say no the petition (noun) A written request to a court (verb) To request from a court .

• 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.

Starting January 1, 2025, the juvenile court judge will set a date to issue the automatic expungement order. The minor A person under 18 years old will be notified of the court date but does not need to be present when the expungement is ordered.

Victims of human trafficking

Starting January 1, 2025, victims of human trafficking Involves the use of force or coercion to make someone participate in forced labor or a commercial sex act, or luring them into participating if they are under 18. who are adjudicated delinquent A finding for an act committed by a juvenile for which an adult could be prosecuted in a criminal court. Delinquent acts can include drug offenses and crimes against persons, property, and public order. for a crime related to their trafficking situation can petition the court to vacate and expunge or seal their juvenile court and law enforcement records. This request can be made after they have completed their juvenile court sentence.

Automatic sealing for prostitution-related offenses

Class 4 felony arrests, charges, or convictions for prostitution will be automatically sealed by January 1, 2028, with no petition required. This applies to both adult and juvenile records.

What if my juvenile record does not qualify for automatic expungement?

If your juvenile record does not qualify for automatic expungement, it may be expunged by filing a Request for Juvenile Record Expungement with the court. 

You can petition to expunge most charges except:

• Finding of guilt for felony first-degree murder, and
• Sex offenses Any sexual act without the consent of the victim, including when the victim cannot give consent. Includes sexual assault with or without an object, sexual abuse, sodomy, and fondling requiring registration at the time you petition the court for expungement.

If you have been removed from the sex offense registry or are no longer required to register, then you may file a petition to expunge, including sex offenses.

If you were tried and 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.

What if I have an adult record, too?

Having a juvenile record does not change your eligibility to expunge your adult arrest or court record. Criminal records come from cases that are handled in adult court. See adult criminal record expungement for details.