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The date you become eligible for juvenile expungement in Illinois depends on the seriousness of the offense and the outcome of the case. (705 ILCS 405/5-915(1)-(2)). If you were arrested without charges being filed in court, were found to be "not delinquent", were adjudicated for an offense which would be a Class B misdemeanor or lower (Class C misdemeanor, or a petty or business offense) if committed by an adult, or you successfully completed court supervision, then you are eligible to apply for juvenile expungement when you the reach the age of 17, or whenever all juvenile court proceedings are over, whichever is later. (705 ILCS 405/5-915(1);becomes age of 18 for minors arrested or taken into custody after effective date, as amended by P.A. 98-61, effective January 1, 2014). On the other hand, if you were adjudicated for a juvenile offense that would be a felony or Class A misdemeanor if committed by an adult, or if you were sentenced to court supervision without successfully completing it, then you do not become eligible for juvenile expungement until you reach the age of 21 or until five years after completion of your sentence, whichever is later. (705 ILCS 405/5-915(2)).
If you were adjudicated as a juvenile for a sex offense that would have been a felony if committed by an adult, then you are not eligible for juvenile expungement. (705 ILCS 405/5-915(2); 705 ILCS 405/5-622(c)(iii)).
However, if you were arrested without charges being filed in court, were found to be "not delinquent", successfully completed court supervision, or were adjudicated for an offense which would be a Class A misdemeanor or less (Class B misdemeanor, Class C misdemeanor, or a petty or business offense) if committed by an adult, then you are eligible for juvenile expungement. (705 ILCS 405/5-915(1)).
If you are seeking juvenile expungement and you also have received convictions as an adult, your eligibility for juvenile expungement will depend on the seriousness of your adult offenses and the outcome of those adult cases. (705 ILCS 405/5-915)
If you have convictions as an adult, you may still be eligible for juvenile expungement in any of the following circumstances: -If you were arrested without charges having been filed in court; or -If you were found to be “not delinquent” by the court; or -If you successfully completed supervision; or -If you were adjudicated for an offense that would be considered a Class B misdemeanor, Class C misdemeanor, or a petty or business offense if committed by an adult. (705 ILCS 405/5-915(1))
On the other hand, if you have convictions as an adult, you are NOT eligible for juvenile expungement in the following circumstances: -If you were adjudicated for a juvenile offense that would be considered a felony or Class A misdemeanor if committed as an adult; or -If you were sentenced to court supervision without successfully completing it. (705 ILCS 405/5-915(1)).On the other hand, if you were adjudicated for a juvenile offense that would be a felony or Class A misdemeanor if committed as an adult, or if you were sentenced to court supervision without successfully completing it, then you are not eligible for a juvenile expungement if you have a conviction for any crime since your 18th birthday. (705 ILCS 405/5-915(1)).
If you are arrested for a juvenile offense in Illinois, a record of the arrest is established by the arresting law enforcement agency, the Illinois Department of State Police, and the juvenile court. (705 ILCS 405/5-915, 405/5-325). Regardless of the outcome of the arrest, the law enforcement agencies and the court do not automatically expunge the records. (705 ILCS 405/5-915 (2.5)). You have to petition the court to expunge the law enforcement and court records. (705 ILCS 405/5-915 (3)). Expungement will cause the records to be destroyed and your name to be removed from any official index or public record. (705 ILCS 405/5-915; 20 Ill. Admin. Code 1205, §1205.5).
No. Once your juvenile offense has been expunged it is treated as though it never happened. (705 ILCS 405/5-915(4)).
Once your juvenile offense has been expunged, Illinois law treats your record as though no offense(s) was/were ever committed. In most circumstances, you can legally deny the existence of your juvenile record. (705 ILCS 405/5-915(8)). The only time you have to disclose your record is for purposes of employment, licensure or certification with law enforcement agencies, the Department of Corrections, State's Attorneys, or other prosecutors. (705 ILCS 405/5-915(8)).
The State's Attorney's Office is not required to physically destroy the internal office records, files, or databases they maintain. (705 ILCS 405/5-915). However, the information maintained may not be disclosed to most employers or the general public. (705 ILCS 405/5-915(4)).
No. You must petition the court for relief from the sex offender registration requirements under a different Illinois law. (730 ILCS 150/3-5). See page: Illinois Sex Offender Registration Removal to learn more and to see if you are eligible.
Illinois law prohibits most private or public entities from considering an expunged juvenile record in employment, certification, licensing, revocation of certification or licensure, or registration matters. (705 ILCS 405/5-915(8)). Employers are not allowed to ask you about an expunged juvenile record and a job application must state that you are not required to disclose any expunged juvenile record of arrest or conviction. (705 ILCS 405/5-915(8)).
You are not eligible to enter a certified police academy for basic training or be certified as a police officer if you have been convicted of a felony or any other crime involving moral turpitude. (50 ILCS 705/6.1; 20 Ill. Admin. Code 1720, § 1720.35(a)). However, any juvenile record, regardless of the outcome, is not considered a "conviction" and so is not an automatic bar to employment as a police officer. (People v. Taylor, 221 Ill. 2d 157 (2006)) Nevertheless, the police academy entrance standards also require that you be a person of good character. (20 Ill. Admin. Code 1720, § 1720.35(a)). Any act from your past discovered during the hiring process or while employed as a police officer, including the circumstances of your juvenile record, may be considered to determine whether you are a person of good character. (705 ILCS 405/5-915(8); 20 Ill. Admin. Code 1720, § 1720.35(a)).
Moral turpitude includes "actions that contravene the need to protect the public, fail to meet the integrity of the profession, or do not preserve the administration of justice from reproach." (20 Ill. Admin. Code 1720, § 1720.35(b)).
Your probation officer and the court are required to say that no record or file of an arrest exists. (705 ILCS 405/5-915(4)).