As of January 1, 2025, Illinois has implemented significant changes to its juvenile expungement laws, aiming to provide a clearer path for young individuals to move beyond past mistakes. The updated legislation introduces automatic expungement for specific offenses, outlines the procedures involved, and specifies which crimes are excluded from automatic expungement.
Find out if you’re eligible for expungement here.
Automatic Expungement of Juvenile Records
Under the new law, certain juvenile records are eligible for automatic expungement without the need for the individual to file a petition. This automatic process applies in the following scenarios:
- Dismissal or Acquittal: If a petition alleging delinquency is dismissed or results in a finding of not delinquent, the court will automatically order the expungement of the juvenile court and law enforcement records.
- Successful Completion of Supervision or Minor Offenses: Upon the successful termination of an order of supervision, or adjudication for offenses that would be classified as Class B misdemeanors, Class C misdemeanors, or petty/business offenses if committed by an adult, the court will also automatically order expungement.
- Non-Disqualified Offenses Post-Adjudication: For adjudications of delinquency based on offenses that are not disqualified, the court will automatically expunge the records two years after the case’s closure, provided there are no pending delinquency or criminal proceedings and no subsequent adjudications or convictions.
The Expungement Process
The automatic expungement process is designed to be straightforward:
- Court Order: Upon meeting the criteria for automatic expungement, the court issues an expungement order without requiring a petition from the individual.
- Notification: The clerk of the court delivers a certified copy of the expungement order to the Illinois State Police and the arresting agency.
- Completion: The expungement must be completed within 60 business days after the relevant agencies receive the expungement order.
It’s important to note that while the individual is notified of the expungement order, their presence is not required during the process.
Crimes Not Eligible for Automatic Expungement
While the new law simplifies expungement for many juvenile records, some offenses cannot be automatically expunged, including:
- Violent Offenses: Crimes involving bodily harm or significant risk to others.
- Sex Offenses: Juvenile records related to serious sexual offenses.
- Certain Felony-Level Offenses: Some felonies are excluded from automatic expungement and require a petition to the court for review.
These exceptions ensure that the expungement process balances rehabilitation opportunities with public safety concerns.
Why the New Law Matters
Illinois’ new juvenile expungement law recognizes the importance of giving young people a second chance. By introducing automatic expungement for qualifying offenses, the state reduces barriers for juveniles seeking to move forward in life without the burden of a criminal record. For offenses not eligible for automatic expungement, individuals can still petition the court for review, ensuring there’s a pathway to relief in most cases.
If you’re unsure whether your or your child’s juvenile record qualifies for expungement under the new law, consult an attorney to explore your options.
Find out if you’re eligible for expungement here.
FAQ About Illinois’ New Juvenile Expungement Process
Are All Juvenile Offenses Eligible for Automatic Expungement?
No, certain offenses, such as violent crimes, sex offenses, and some felonies, are excluded from automatic expungement.
How Long Does the Automatic Expungement Process Take?
The expungement must be completed within 60 business days after the court issues the expungement order.
Can Juveniles Petition for Expungement If Their Offense Isn’t Automatically Expunged?
Yes, individuals can petition the court to expunge offenses that don’t qualify for automatic expungement.
Will Expunged Juvenile Records Appear on Background Checks?
No, once a juvenile record is expunged, it is removed from public databases and will not appear on background checks.
Do I Need to Hire an Attorney for Juvenile Expungement?
For automatic expungement, no action is required. However, for offenses not eligible for automatic expungement, working with an attorney can improve your chances of success in court.
Illinois’ updated juvenile expungement laws provide an important opportunity for young people to move forward without the shadow of past mistakes. If you or your child has a juvenile record, it’s worth exploring whether it qualifies for automatic expungement or requires a petition to the court.
Do You Need to Talk to an Attorney About Expungement or Sealing?
If you’re tired of your criminal past haunting you, we may be able to help. Call us right now at 847-920-4540 or fill out the form below so we can talk about your case.
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