On expungement of juvenile law enforcement and juvenile court records, the Illinois text is 705 ILCS 405/5-915. A juvenile record uses this section rather than the adult petition. The statute says: “(0.1)(a) The Illinois State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of this subsection (0.”
The petition and the sections next to it
On petitions for expungement, the Illinois text is 705 ILCS 405/5-920. The statute says: “The petition for expungement for subsections (1) and (2) of Section 5-915 may include multiple offenses on the same petition and shall be substantially in the following form: IN THE CIRCUIT COURT OF ......, ILLINOIS ........ JUDICIAL CIRCUIT IN THE INTEREST OF ) NO. ) ) ...................”
705 ILCS 405/5-923 deals with dissemination and retention of expunged records. The statute says: “Upon entry of an order expunging the juvenile law enforcement record or juvenile court record, or both, the records or files for that offense shall be treated as if it never occurred.”
When a different section applies
705 ILCS 405/1-9 deals with expungement of law enforcement and juvenile court records. A juvenile record uses this section rather than the adult petition. The statute says: “(2) This subsection (2) applies to expungement of law enforcement and juvenile court records other than delinquency proceedings.”
On state Appellate Defender juvenile expungement program, the Illinois text is 705 ILCS 405/5-925. A juvenile record uses this section rather than the adult petition. The statute says: “The State Appellate Defender shall establish, maintain, and carry out a juvenile expungement program to provide information and assistance to minors eligible to have their juvenile law enforcement or juvenile court records expunged.”
Read 705 ILCS 405/1-7 when the issue is confidentiality of juvenile law enforcement and municipal ordinance violation records. A juvenile record uses this section rather than the adult petition. The statute says: “A) All juvenile law enforcement records which have not been expunged are confidential and may never be disclosed to the general public or otherwise made widely available.”
What the courts have done
John W. Young v. Edward H. Keefe, 64 Ill. App. 3d 824 (1978) is worth reading in full. The opinion puts it this way: “The language of the Act was clearly meant to refer to the time of filing the petition to expunge, and to grant persons not convicted prior to such filing, the right to expunction of arrest records.”
The People OF The State OF Illinois v. Braden K. Jones, 379 Ill. App. 3d 873 (2008) is worth reading in full. The opinion puts it this way: “petition to expunge, and to grant persons not convicted prior to such filing, the right to expunction of arrest…”
People v. Jones (2008) is worth reading in full. The opinion puts it this way: “the petition to expunge, and to grant persons not convicted prior to such filing, the right to expunction of arrest…”
The court rule
Ill. S. Ct. R. 778 is the court rule that travels with the statute. Its subject is retention of Records by Administrator. The rule says: “Rule 770 , for investigations which have been stayed or deferred by the transfer of the attorney to disability inactive status, or for investigations that have resulted in the filing of unauthorized practice of law…”
Before you file
- Open 705 ILCS 405/5-915 and read the part on expungement of juvenile law enforcement and juvenile court records. Everything else in the filing has to fit that section.
- Put the request in the form required by Ill. S. Ct. R. 778.
- Then read John W. Young v. Edward H. Keefe, 64 Ill. App. 3d 824 (1978). That is a Illinois court already applying this kind of request.
Frequently asked questions
How do you expunge a criminal record in Illinois?
Illinois uses 705 ILCS 405/5-915 for expungement of juvenile law enforcement and juvenile court records. A juvenile record uses this section rather than the adult petition. The statute says: “(0.1)(a) The Illinois State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of this subsection (0.”
Is there a Illinois court rule for the petition?
Ill. S. Ct. R. 778 is the petition rule. It covers retention of Records by Administrator. The rule says: “Rule 770 , for investigations which have been stayed or deferred by the transfer of the attorney to disability inactive status, or for investigations that have resulted in the filing of unauthorized practice of law…”
How have Illinois courts ruled on expungement?
John W. Young v. Edward H. Keefe, 64 Ill. App. 3d 824 (1978) “The language of the Act was clearly meant to refer to the time of filing the petition to expunge, and to grant persons not convicted prior to such filing, the right to expunction of arrest records.”
Illinois clerks still control the form and the fee. 705 ILCS 405/5-915 is the statewide rule on who may ask and what the order does.