Confidentiality of Records and Expungements (705 ILCS 405/Article 5, Part 9)

B. Expungement of juvenile law enforcement and juvenile court records (705 ILCS 405/5-915), continued:

The Department of State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, all law enforcement records relating to events occurring before an individual's 18th birthday if:

  1. one year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records;
  2. no petition for delinquency or criminal charges were filed with the clerk of the circuit court relating to the arrest or law enforcement interaction documented in the records; and
  3. 6 months have elapsed without an additional subsequent arrest or filing of a petition for delinquency or criminal charges whether related or not to the arrest or law enforcement interaction documented in the records.
If the law enforcement agency is unable to verify satisfaction of conditions (2) and (3) of the above, records that satisfy condition (1) of this subsection shall be automatically expunged if the records relate to an offense that if committed by an adult would not be an offense classified as Class 2 felony or higher, an offense under Article 11 of the Criminal Code of 1961 or Criminal Code of 2012, or an offense under 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961. This section does not apply to violations of traffic, boating, fish and game laws, or county or municipal ordinances.

Upon dismissal of a petition alleging delinquency or upon a finding of not delinquent, the successful termination of an order of supervision, or an adjudication for an offense which would be a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult, the court shall automatically order the expungement of the juvenile court and law enforcement records within 60 business days. This section does not apply to violations of traffic, boating, fish and game laws, or county or municipal ordinances.

Upon an adjudication of delinquency based on any offense except a disqualified offense, the juvenile court shall automatically order the expungement of the juvenile records 2 years after the juvenile's case was closed if no delinquency or criminal proceeding is pending and the person has had no subsequent delinquency adjudication or criminal conviction. The court shall automatically order the expungement of the juvenile court and law enforcement records within 60 business days.

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