Juvenile Expungement Information

Juvenile Record Expungement in Illinois (705 ILCS 405/5-915)

When you are investigated, arrested, or charged with an offense, a law enforcement record is created, even if you are released without charges. 705 ILCS 405/5-915(0.1) requires Illinois law enforcement agencies to expunge juvenile law enforcement records relating to events occurring before an individual’s 18th birthday if:

     (1) One year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records;

     (2) No petition for delinquency or criminal charges were filed with the clerk of the circuit court relating to the arrest or law enforcement interaction
           documented in the records; and

     (3) Six months have elapsed since the date of the arrest without an additional subsequent arrest or filing of a petition for delinquency or criminal charges
          whether related or not to the arrest of law enforcement interaction documented in the records.

Pursuant to 705 ILCS 405/5-915(.15), prior to January 1, 2020, the Wheeling Police Department has expunged any and all qualifying juvenile law enforcement records maintained by our agency which were created after January 1, 2013 but before January 1, 2018. This does not apply to violations of traffic, boating, fish and game laws, county or municipal ordinances, or records that relate to an offense that if committed by an adult would be considered an office classified as Class 2 felony or higher, an offense under Article 11 of the Criminal Code of 1961 or Criminal Code of 2012, or an offense under Sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961.

This document serves as notice of expungement for events occurring between January 1, 2013 and December 31, 2015. Notice of expungement for events occurring between January 1, 2016 and December 31, 2017 have been mailed to the juvenile’s last known address.

WHAT DOES THIS MEAN?

Illinois law provides strong protections for juveniles by allowing for the automatic and court-ordered expungement of eligible law enforcement and court records. ONLY RECORDS MAINTAINED BY THE WHEELING POLICE DEPARTMENT ARE COVERED BY THIS NOTICE.

     1. Automatic Expungement

          • Annual Review: Law enforcement agencies must review and expunge eligible juvenile records by January 1 each year.

          • No Charges Filed: Records from incidents before age 18 must be expunged if:

                    o    1+ year has passed since arrest.
                    o   No charges were filed.
                    o   No new arrests or charges occurred within 6 months.

          • Court Cases: Automatic expungement applies if:

                    o    The case is dismissed or the minor is found not delinquent.
                    o   The minor successfully completes supervision.
                    o   The offense is a minor one (Class B/C misdemeanor or petty/business offense) 
                    o   For other eligible cases, expungement happens 2 years after case closure if no new offenses occurred.

     2. Confidentiality After Expungement

        Once expunged, the record is treated as if it never happened. Agencies must respond to inquiries by stating no such record exists.

     3. Notice to Individuals

         Law enforcement and courts must send written notice within 60 days to inform the minor that their record has been expunged.

     4. Court-Ordered Expungement

         If a record isn't automatically cleared:

               •    Individuals can file a petition with the court.
               •  If granted, agencies must expunge records within 60 business days of receiving the court order.

     5. Use and Disclosure Prohibited

               •    Expunged records cannot be used or disclosed by government agencies.
               • Employers cannot ask about expunged juvenile records. Applications must clearly state this.

How to Get Help

               •    Gather info: Know your arrest date, charge, and outcome.
               •  Request records if needed.
               •  Use resources listed below.
               •  Be aware of possible filing fees.
               • Note: Legal advice is recommended for individual cases

Additional Information