Juvenile Justice System and Risk Factor Data - Illinois Criminal ...

Record expungement
In Illinois, after a youth arrest, juvenile records are kept by the Illinois courts and local and state
law enforcement agencies. Expungement laws allow for the erasure or destruction of juvenile
records once the youth turns 17 or after all juvenile court proceedings have terminated [705 ILCS
405/5-915(1)]. This is different from sealing a juvenile record, as sealed records are removed
from review or examination except by court order or by designated officials. Expungement
completely removes the record.
All states have laws allowing expungement or sealing of records for certain youth offenders
based on age or type of crime. In August 2004, the Juvenile Court Act was amended to require
judges to inform eligible juveniles of their right to record expungement [705 ILCS 405/5-915].
Expungement is a valuable tool because the existence of a juvenile record can be a barrier to
individuals trying to gain employment, housing, credit, scholarships, and certain licensing. In
order to expunge a record, an individual must file the appropriate forms with the circuit court in
the county of arrest, show proof of identification, and pay a fee. The Illinois State Police tallies
record expungements but does not separate adult and juvenile expungement data. The number of
juvenile expungements annually is unknown.
During Illinois’ 95 th General Assembly (the 2007-2008 legislative session), eight bills were
introduced to change juvenile expungement legislation. During this session only two of the bills
passed. P.A. 95-0861, amended 705 ILCS 405/5-915(3) and reduced the number of days after
notification of a petition to expunge juvenile records that the State’s Attorney, prosecutor, State
Police, or arresting agency may file an objection to expungement petition from 90 to 45 days.
This change is not effective until January 1, 2010.
P.A. 95-1031 amended 705 ILCS 405/5-915 adjusting the upper age limit for which juvenile
records can be expunged. Previously, any records occurring after a juvenile’s 17 th birthday were
considered adult records. P.A. 95-1031 specified any record prior to a youth’s 18 th birthday
would be considered under the juvenile expungement statute. Additionally, the Illinois Juvenile
Jurisdiction Task Force, was created within the Department of Juvenile Justice, and is to develop
a report and make recommendations to the General Assembly on the issue of expanding the
juvenile court jurisdiction to youth age 17 charged with felony offenses. This change is effective
on January 1, 2010.
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