Expungement

SB3463 removes barriers to expungement through creation of an automatic process. 

READ MORE about SB3463

About Expungement

People with qualifying arrests and convictions may petition the court of their sentencing county to expunge or seal their records. The Office of the State Appellate Defender can answer your questions regarding eligibility for expungement and sealing. Contained in their site is an information guide explaining the process and requirements for expunging/sealing of records. They also provide necessary instructions and forms and helpful links.

Expungement means to “erase” or physically destroy records or to return the records to you, and to remove your name from any official index or public record, limiting the number of people who will see or know about your record.

Why is expunging my juvenile record IMPORTANT?

•          A juvenile record can impact ability to get a job or an apartment, attend college, or serve in the military

•          Confidentiality is not always a guarantee with juvenile records

Where can I get the forms?

•          The Circuit Clerk’s Office at the court where your case was heard

•          Your local police department

•          State Appellate Defender: http://www.illinois.gov/osad

•          Illinois Legal Aid: an online resource that can assist in completing the appropriate forms for expungement: http://www.illinoislegalaid.org

Do I need a lawyer to file my paperwork?

No, you can file your juvenile expungement petition on your own without an attorney; however, you can hire one if you wish to do so. You may also wish to consult with a lawyer if you are not a United States citizen.

When can I apply to have my record expunged?

Since you have been committed to DJJ, you must wait at least 5 years since your commitment the Department of Juvenile Justice ended including your aftercare term.

What juvenile records cannot be expunged?

•          If you entered into a plea agreement or were found guilty in a case involving first degree murder or felony sex offenses.

•          Traffic offenses, including DUI, and petty offenses.

•          Insurance related driving offenses (no insurance, suspended registration for no insurance, false insurance card) may be expunged upon petition 5 years after completion of supervision.

•          Reckless driving can be expunged ONLY if you were younger than 25 when you were charged and received supervision. You must petition to expunge before your 25^th birthday.

Do I need a “certified” copy of my expungement order?

A “certified” copy is a copy containing the Clerk’s Office seal, which shows that it is an authentic court document. Since your record will be unavailable to you after it is expunged, it is a good idea to keep a certified copy of your expungement order for your records as you may need a court order to get a copy later.

If my juvenile record is expunged after being reviewed by a judge, do I have to reveal it on my job application?

No. Once a record has been expunged (and you have the expungement order from the court), it is as if it never existed. You don’t need to disclose it to anyone.

Other than for law enforcement purposes, an expunged juvenile record may not be considered by a private or public entity in employment matters, certifications, licensures, revocation of certification of licensure, or registration.