Crime & Traffic

A juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. record is created when a person under 18 is arrested or goes to juvenile court. Any court that has jurisdiction over matters involving juveniles. It includes all records related to that case, such as:

• Police and arrest reports,
• Court filings and orders,
• Probation A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. or supervision records, and
• Any juvenile detention or Department of Juvenile Justice records.

Even if your case is dismissed Cases dismissed with no further action anticipated. or you are found not delinquent (not guilty), the record still exists until it is expunged.

Juvenile records do not include cases handled in adult Any person 18 years old or over criminal court A court where a person is accused of a crime in front of a judge. The other side of the case is the State of Illinois, represented by a State's Attorney. The person accused is called the defendant. Criminal courts are different from civil courts, where two people or businesses can bring problems in front of a judge. or traffic court, even if you were under 18 years old at the time.

Whether your case is considered juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. or adult Any person 18 years old or over depends on your age at the time of arrest and the date of the arrest. 

Before 2010, anyone 17 or older was automatically treated as an adult. After 2010, Illinois changed the law so that most people under 18 are handled in juvenile court. Any court that has jurisdiction over matters involving juveniles. However, serious offenses such as murder or certain felonies can still be charged in adult court, even if you were under 18, no matter the year you were arrested. 

This means that depending on your age and the year of your arrest, your case might have created either a juvenile record or an adult record.

In Illinois, some minors are tried as adults. This happens when the charge is serious, such as first-degree murder or certain violent felonies.

In some cases, a juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. case is transferred to adult Any person 18 years old or over court through a process called a transfer hearing. When the parties in a case present their sides of a case to a judge or other officer This can happen automatically for certain serious felonies or if the judge decides that the case should be handled in adult court.

If your case was handled in adult criminal court, A court where a person is accused of a crime in front of a judge. The other side of the case is the State of Illinois, represented by a State's Attorney. The person accused is called the defendant. Criminal courts are different from civil courts, where two people or businesses can bring problems in front of a judge. it is considered an adult record, even if you were under 18 at the time. Juvenile expungement When a criminal record is destroyed laws do not apply to adult cases. However, you may still be able to expunge To physically remove someone's name from a legal record. or seal your adult record under different laws.

If you 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. it means a juvenile court Any court that has jurisdiction over matters involving juveniles. judge found that you committed Includes juveniles in placement in the facility as part of a court order. an offense while you were under 18 that would have been a crime if committed by an adult. Any person 18 years old or over This is similar to being found “guilty” in adult court.

This finding is similar to a conviction When someone is declared guilty of a crime by a court in adult court, but it does not create a criminal conviction. This difference matters because convictions can be seen and used more widely, such as for jobs. Juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. adjudications are more protected by law and are harder for others to see. An adjudication A formal court decision of delinquency Amount of back support accumulating after order is entered. can result in conditions and sentences, such as time in juvenile detention, probation, A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. community service, or counseling.

If you are found not delinquent, the judge decided that the State did not prove you committed the offense.

Getting a copy of your juvenile record in Illinois is harder than getting an adult Any person 18 years old or over criminal record because juvenile records are usually confidential. For step-by-step instructions, see Finding my juvenile records.

Some juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. records may qualify for automatic expungement. When a criminal record is destroyed This means the police or the court may clear the record without you having to file a request.

Automatic expungement can be complicated, and the rules are stricter than those for filing a request yourself. You should not rely on automatic expungement alone. It is a good idea to check with a lawyer Someone who represents clients in courts or who gives legal advice and request updated juvenile records to make sure your record was actually expunged.

Automatic expungement when you were arrested, but no court case was filed

Once a year, law enforcement must automatically expunge all juvenile law enforcement records when:

• One year or more has passed since the date of the arrest,
• No court case was filed for that arrest, and
• Six months have passed since the date of the arrest, with no new arrests or filed court cases.

Automatic expungement when a case was filed with the juvenile court Any court that has jurisdiction over matters involving juveniles.

Right away: A court order expunging both law enforcement and court records should be entered when the case closes if:

• The case is dismissed, Cases dismissed with no further action anticipated. or you were found not delinquent
• A case was filed, you were charged, and you were given a sentence of supervision, which was completed successfully
• A case was filed, you were charged, and you were adjudicated of a petty or business offense, or a Class B or C Misdemeanor A lesser crime punishable by a fine or confinement in county jail for up to one year.

Two years: If you were 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. of a Class A misdemeanor or a felony, A serious crime that is punishable by more than one year in prison the court should enter an order expunging your record about two years after the case closes if:

• All sentences have been completed,
• You have no other pending or active delinquency Amount of back support accumulating after order is entered. or criminal proceedings,
• You were not adjudicated delinquent again or criminally convicted of a crime as an adult, Any person 18 years old or over and
• The offense for which you were adjudicated was not a disqualified offense.

Starting January 1, 2025, juvenile court judges must set a date for automatic expungement when they close a qualifying case. You will be notified of that date, but you do not need to go to court when the expungement order is entered. If you are not eligible at the time of that first court date, the court should schedule another date to check again and try to enter the automatic expungement order.

Important: Being eligible does not always mean your record will be cleared automatically. If you had a lawyer or public defender, A free lawyer appointed by the criminal court when a defendant cannot afford to pay for a lawyer you can contact them to confirm that your record has been automatically expunged. If your record is not expunged on its own, you can still ask the court to expunge it by filing a request.

If your case does not qualify for automatic expungement, When a criminal record is destroyed you can ask the court to expunge it by filing a petition (noun) A written request to a court (verb) To request from a court with the court. Filing a petition means you ask a judge to expunge your record.

You can file a petition to expunge most juvenile offenses, with some exceptions. A judge will review your case and decide whether you qualify based on your record and the type of offense. 

Some records qualify for mandatory expungement, which means the judge must grant your request if you file a petition. This includes:

• Arrests where no case was filed by the State’s Attorney’s Office
• Cases that were dismissed, Cases dismissed with no further action anticipated. for example, outcomes like Nolle Prosequi, Non-Suit, Finding of No Probable Cause, or Stricken Off with Leave to Reinstate
• Cases were found “not guilty” or “not delinquent” (“acquitted”)
• Cases were given a sentence of Supervision, which was completed successfully
• Cases you were 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. of a petty offense, or a Class B or C Misdemeanor A lesser crime punishable by a fine or confinement in county jail for up to one year.

Other records qualify for discretionary expungement, which means the judge decides whether to grant or deny To refuse or say no your request. This includes:

• Cases where you were adjudicated delinquent of a Class A misdemeanor or a felony, A serious crime that is punishable by more than one year in prison and
• Two years have passed since you completed your sentence.

See Starting a request to expunge a juvenile record for step-by-step instructions.

Yes, you cannot expunge: To physically remove someone's name from a legal record.

• A finding of guilt (adjudication A formal court decision of delinquency) Amount of back support accumulating after order is entered. for first-degree murder, or
• A finding of guilt for a sex offense that required registration under the Sex Offender Registration Act at the time you file your request.

If you have been removed from the sex offense registry or are no longer required to register, then you may file a petition (noun) A written request to a court (verb) To request from a court to expunge, including 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 Also, 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. may be able to expunge or seal certain offenses connected to their trafficking situation.

No. There is no fee to file a juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. expungement When a criminal record is destroyed request in Illinois.

The process usually takes four to six months, but it can take longer. After you file your paperwork with the circuit clerk, The office that takes care of files and documents for circuit court cases the clerk sends copies to the Illinois State Police, the State’s Attorney’s Office, and the law enforcement agency that arrested you. These agencies have 45 days to object to your request.

If there are no objections, the judge may approve your expungement When a criminal record is destroyed without a hearing. When the parties in a case present their sides of a case to a judge or other officer If an objection A protest made by an attorney during a trial. It asks the judge to exclude certain evidence or testimony. If the judge doesn't grant the objection, it's called a denial. is filed, the court will schedule a hearing that you must attend. Once the judge signs the expungement order, each agency has 60 days to erase your records.

If your case was handled in adult criminal court, A court where a person is accused of a crime in front of a judge. The other side of the case is the State of Illinois, represented by a State's Attorney. The person accused is called the defendant. Criminal courts are different from civil courts, where two people or businesses can bring problems in front of a judge. it is considered an adult record, not a juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. record. Juvenile expungement When a criminal record is destroyed laws do not apply to adult convictions or sentences. However, you may be able to expunge or seal the adult criminal record.

Having an adult Any person 18 years old or over conviction When someone is declared guilty of a crime by a court does not block you from expunging your juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. record, but the judge can consider your entire record, including adult convictions, when deciding whether to grant your request.

Clearing your juvenile record does not affect your adult record, and clearing your adult record does not affect your juvenile one. Each must be handled through its own process.

To learn about clearing adult records, see Expunging or sealing a criminal record.

Usually, no. Juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. records in Illinois are confidential. Most employers, landlords, and members of the public cannot see or ask about juvenile records even if they haven’t been expunged. Only certain people and agencies are allowed to view a juvenile record, such as law enforcement, prosecutors, some government or licensing agencies that handle child welfare, and education. In general, if an agency or employer can run a fingerprint-based background check, they can likely see and consider your juvenile record.

If your record has been expunged, you can legally act as if it never happened. In most cases, you do not have to tell anyone about it, and employers cannot deny To refuse or say no you a job because of it. If an employer asks about an expunged record, you can answer A written statement used to respond to the complaint or petition in a lawsuit as though the event never occurred.

When your juvenile For misdemeanor offenses, a defendant is considered a juvenile if the offense occurred when they were 17 or younger.For felony offenses, a defendant is considered a juvenile if the offense occurred when they were 16 or younger. record is expunged, it’s treated as if it never existed. Most people, including employers, landlords, and schools, cannot see or use your record anymore.

Some agencies may still be able to view limited information, such as:

• Law enforcement and prosecutors, if you are charged with a new crime
• Courts, for certain legal reasons
• The Department of Corrections or the Department of Juvenile Justice, for security checks
• Some government or licensing agencies, if you apply to work for them, especially federal government employers
• The US Armed Forces, for example, if you are looking for a job in the military
• US Citizenship and Immigration Services (USCIS) and Customs and Border Protection (CBP), including applications for programs like TSA PreCheck and Global Entry

Even after expungement, When a criminal record is destroyed a State’s Attorney’s office may keep internal files or databases about your case. Also, older records, especially from before 2010, might still appear in FBI background checks. If this happens, you can show your expungement order to prove that the record was cleared.

If you have any questions about who can see your juvenile record at any time, it is always best to ask a lawyer. Someone who represents clients in courts or who gives legal advice