Crime & Traffic

Follow these steps to locate and access your juvenile records. You will need information from your police and court records, including:

• The date of arrest
• The charge or offense
• The final “disposition” A court’s final decision in a criminal case (outcome) - for example, dismissed, Cases dismissed with no further action anticipated. 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. or not delinquent

If you received a sentence, you’ll need to know the type of sentence you received, when you completed that sentence, and if you completed it successfully. If you were arrested but no case was ever filed in court, there will be no court disposition. If you were adjudicated delinquent, find out the final charge type, for example, whether it was a felony A serious crime that is punishable by more than one year in prison or a Class A, B, or C misdemeanor. A lesser crime punishable by a fine or confinement in county jail for up to one year. You also need to know when your last juvenile sentence ended, for example, the date your sentence of probation A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions. ended.

Use the juvenile records expungement worksheet to list all of your arrests and court cases. The worksheet helps you:

• Organize each arrest and case
• Identify which records may qualify for expungement
• Collect details you’ll need for the court forms

Refer to the common questions about juvenile expungement to understand which offenses can be expunged.

Use our Expunge juvenile records program to make the forms you need. You can also download PDF versions of the forms from the Illinois Courts website. Make at least two copies of your completed forms.

Forms you need include:

• Request to Expunge Juvenile Records: Use this form to ask the judge to erase your record.
• Notice of Filing for Juvenile Expungement When a criminal record is destroyed : Tells each arresting agency and the state’s attorney that you are asking the court to expunge your records.
• Order to Expunge Juvenile Records: The judge uses this form to approve your request.
• Order Denying Request to Expunge Juvenile Records: The judge uses this form if your request is denied.

There are also additional forms to list extra arrests, agencies, or cases that do not fit in the main forms. You only need to fill out these additional forms if they apply to your situation.

If you were arrested or charged in more than one county, you must prepare a separate filing packet for each county.

Before filing, contact the circuit court clerk or visit their website. Each county has its own rules for filing expungement When a criminal record is destroyed forms. The clerk can tell you how to file and explain any special requirements for your case.

If you have arrests or cases in more than one county, you must file separate requests for expungement in each county you were arrested. In some counties, you may have to attach copies of your court dispositions or RAP sheet. There is no fee to file 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. expungement forms.

File your forms with the circuit court clerk in each county where you were arrested or charged with an offense. If your juvenile case was transferred to another county, file in the county where the case ended, not where it began.

After you file your forms, the circuit clerk The office that takes care of files and documents for circuit court cases will send copies of your Request to Expunge To physically remove someone's name from a legal record. 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 and Notice of Filing for Juvenile Expungement When a criminal record is destroyed to:

• The Illinois State Police (ISP),
• The State’s Attorney’s Office, and
• The law enforcement agency that arrested you.

You may need to go to court for a hearing When the parties in a case present their sides of a case to a judge or other officer in front of a judge. Some counties schedule a court date right away, but others will only schedule a court date if one of the agencies notified of the expungement objects to your request. Notified agencies have 45 days to review your request and decide whether to file a written 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. The objection must explain the reasons for objecting to your request for expungement.

If you were not given a court date when you filed your paperwork and an agency objects, the court clerk will schedule a court hearing. The clerk will send you a written notice with the date, time, and location of the hearing. You must attend the court date, or your case may be dismissed. Cases dismissed with no further action anticipated.

Important: If a hearing is not scheduled after 45 days, contact the clerk’s office to check the status of your case. If you have confirmed that there won’t be a hearing, skip step 6 and go to step 7 below.

Plan to be on time. If your court date is in person, plan to get to the courthouse 30 - 45 minutes before your hearing. When the parties in a case present their sides of a case to a judge or other officer If your court date will happen remotely (for example, through Zoom), test the technology you will be using ahead of time to avoid any delays.

If you have a hearing, bring:

• A photo ID
• Copies of all your forms
• Any documents that support your request, such as your RAP sheet or proof that you completed a sentence, like probation A criminal court sentence which releases a person into the community. They are under supervision and given certain conditions.

At the hearing, you’ll have the chance to explain to the judge why your record should be expunged. Be prepared to tell the judge about any negative results you may suffer if the request is denied. Describe how keeping the record could affect your job, housing, or education opportunities.

If you are told there is 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. that you did not know about before your court date, you can:

• Ask for the reason for the objection,
• Ask for a written copy of the objection, and
• Ask the judge for more time (“continuance”) When the judge gives additional preparation time before or during a trial so you can prepare a response A formal written answer to the plaintiff or petitioner's written statement and get legal help.

The judge will:

• Decide if you are eligible under the law
• Determine whether any information about an arrest or case is missing
• Review other factors they are allowed to consider, including:
  • The reasons the State or arresting agencies want to keep your records from being expunged
  • Your age at the time of the arrest or case
  • Other records on your background, including adult Any person 18 years old or over records
  • Your most recent contact with law enforcement
  • The specific harm you may face if expungement When a criminal record is destroyed is denied 

If the judge makes a decision at the end of the hearing, be sure to ask the clerk for a copy of the judge’s order before you leave court. If you appear remotely, ask the clerk how to get a copy. Keep this order for your records. It is especially important if your request is granted because it proves that a judge ordered your record to be expunged.

The Order will say whether your request was granted or denied.

If your request is granted

If the judge approves (grants) your request, the clerk will send the signed Order to Expunge To physically remove someone's name from a legal record. 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 to the Illinois State Police (ISP), the arresting agency, and the State’s Attorney’s Office. 

These agencies have 60 days to remove your record from their files. 

The Illinois State Police (ISP) will mail you a letter confirming that your record was expunged. If you don’t receive it within about 55 days, call the ISP or the arresting agency to confirm. 

Important: It is very important that you keep a copy of the Order that you receive from the circuit court The lowest level of court in Illinois clerk in a safe place. Once your arrests or cases are expunged, it will be very difficult, if not impossible, to get another copy of the Order. 

If your request is denied 

If the judge denies your request, you still have options. Some options have deadlines, so act quickly. You should try to talk to a lawyer Someone who represents clients in courts or who gives legal advice right away about what option may be best for you. 

• Ask for reconsideration
  • You can ask the judge to review your request again by filing a Motion to Reconsider with the circuit court clerk.
  • You must file this within 60 days of the date you received the Order denying your request.
• Appeal A request to change a court's decision
  • You can ask the appellate court to review the judge’s decision. To do this, file a Notice of Appeal with the circuit clerk: The office that takes care of files and documents for circuit court cases
    • Within 30 days from the date the order denying your request was entered, or
    • Within 30 days after the judge denies your Motion to Reconsider. Learn more about appealing a court case. 

Warning: If you appeal, the appellate court record may become part of the public record. This means that even if your juvenile record is later expunged, details from the appellate case itself will not be removed.

Keep in mind: The law does not stop you from filing another expungement When a criminal record is destroyed request in the future if your request is denied. Often, trying again later is the best option, especially after you have had a chance to get legal help.