HOW TO EXPUNGE JUVENILE RECORDS
Table of Contents
Frequently Asked Questions ………………………………………….…………………
1
Background information about juvenile expungement.
Step 1: Get Copies of Your Juvenile Records…………………………………………
2
Find out how and where to get copies of your juvenile records.
Step 2: Review Your Juvenile Records …..….…………………………………………
4
Learn how to read your juvenile records and find out if your cases can be expunged.
o
Fill out the Case Worksheet on page 8.
Step 3: Fill Out the Juvenile Expungement Form ……………………………………
5
Line-by-line instructions for filling out the form to have your juvenile records expunged (erased).
Step 4: Next Steps for Expungement …………………………………………………
6
Learn what to do once you have filled out the form, what happens once your case gets started, and
what to do when you find out if your records will be expunged.
Appendix: Case Worksheet & Definitions …………………………………………….
11
Figure out if you qualify for expungement and collect all your case information to help fill out the form.
Appendix: Caption …………………………………………….
14
Read more information on how to fill out the top of the forms if you have case numbers, law
enforcement record numbers, or both.
State of Illinois Instruction Booklet for Juvenile Expungement Forms
Are juvenile records automatically expunged?
FREQUENTLY ASKED
o Some are. Arrest and court records will be
QUESTIONS
This page is an overview of the process. For more
details on the process, read the rest of the packet.
What are juvenile records?
o When you are arrested before your 18
th
birthday, a
juvenile record is created.
• However, before 2010, 17 year olds were always
given adult records.
• Between 2010 and 2013, 17 year olds arrested
for misdemeanors were given juvenile records,
while 17 year olds arrested for felonies were
given adult records.
• The police department that arrested you should
be able to tell you if your arrest record is a
juvenile or adult record.
o If you were charged with a crime in juvenile court, a
juvenile court record exists. If you were under 18 but
charged in adult criminal court, you have an adult
criminal record. Juvenile expungement will not work
to expunge records from adult criminal courts. For
information about expunging or sealing an adult
criminal record, see How to Expunge and/or Seal a
Criminal Record at ilcourts.info/forms
.
o A juvenile record of the arrest exists even if you
never saw a judge, never went to court, or were
never adjudicated delinquent (found guilty). An
arrest usually involves being fingerprinted.
o If you are unsure if you were arrested, contact the
law enforcement agency that you believe arrested
you.
What are NOT juvenile records?
These forms cannot help you expunge the following
types of records because they are not juvenile records:
o Adult Criminal Records: If you were arrested at age
18 or older, or were charged with an offense in adult
criminal court, you have an adult criminal record.
o Municipal or Local Ordinance Arrests: If you were
arrested and charged with an ordinance violation, do
not use these forms. Ordinance violations are
considered adult offenses.
o Civil Cases: A civil case, such as an order of
protection, will not appear on your criminal record
and cannot be expunged.
o Traffic Cases: If you were arrested and charged with
a traffic violation, do not use these forms. Traffic
violations are considered adult offenses.
automatically expunged in the following cases:
• Arrests that did not result in charges being filed
will be expunged 1 year after the arrest date, but
only if six months have passed since any
subsequent arrest was made or charges were
filed.
• When all court proceedings are over in the
following situations:
cases that were dismissed,
cases that resulted in a finding of not
delinquent (finding of not guilty),
cases that resulted in an order of
supervision that is terminated successfully;
OR
cases that resulted in an adjudication of
delinquent (finding of guilt) for a Class B or
C misdemeanor or petty or business
offense.
The court will order the automatic expungement
of these records when all court proceedings are
over. Contact your Public Defender, or
private lawyer if you had one, to confirm this
has happened.
• Arrest and court records of cases that resulted in
an adjudication of delinquent (finding of guilt) for
a Class A misdemeanor or felony without a
threat or element of violence. These will be
automatically expunged as long as these
conditions are met:
2 years have passed since the cases were
closed, AND
you have no cases pending, AND
you have no subsequent adjudications of
delinquency (findings of guilty) in juvenile
court, or findings of guilty in adult court.
o If you are not eligible for automatic expungement,
you can still ask the court to expunge your record.
Read the rest of this packet for information on that
process.
Are juvenile records automatically sealed?
o Juvenile arrest and court records are automatically
sealed.
Juvenile records in Illinois are confidential
and CANNOT be seen by the public without a court
order. (This is different than adult records, which
anyone can see.)
o However, certain government agencies and
employers have access to confidential juvenile
records.
o When a juvenile expungement is granted, these
groups will no longer have access to your record.
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
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State of Illinois Instruction Booklet for Juvenile Expungement Forms
What is juvenile expungement?
Juvenile Expungement is the process of going to court
and asking a judge to erase your juvenile arrest and
court records. After you complete the Juvenile
Expungement process, it is as if the records never
existed (with a few exceptions). Only a judge has the
power to order a record expunged.
Why should I expunge my juvenile records?
You should expunge your juvenile records to prevent
other people from seeing them. The public cannot see
juvenile records. However, juvenile records may be seen
by law enforcement agencies, some employers, and
some government agencies (usually through use of
fingerprint-based background checks in applications for
subsidized housing or jobs in schools, healthcare,
childcare, the military or security).
When can I begin the juvenile
expungement process?
o In order to expunge juvenile records, all the juvenile
court proceedings related to the arrests and cases
you are seeking to expunge must be closed.
o If a judge adjudicated you delinquent (found you
guilty) of a Class A misdemeanor or a felony, you
must wait at least 2 years after your court case
ended (including the end of any sentence such as
probation).
How long will it take to expunge my juvenile record?
It will take about 120 days from the date you file the
Request to the time when the record is expunged.
o When you file a request to expunge your record, you
must wait at least 45 days before a hearing will be
scheduled. It is very important that you attend your
hearing. If you do not go to the hearing, a judge
cannot ask you about the issues in the expungement
and your Request could be denied or continued to
another date.
o After the hearing, law enforcement agencies have 60
days to clear your juvenile record after they receive
the order to expunge your record.
How much does it cost to expunge my juvenile
records?
It is free to file your forms with the Circuit Clerk, but you
may be charged a fee for a copy of your "RAP" (Record
of Arrests and Prosecutions) sheet:
o Getting Your Records: You are entitled to view your
juvenile arrest records for free; however, law
enforcement agencies may charge you to make
copies.
• Take a pen and paper with you to write down any
information you need.
• Many cities do not provide juvenile RAP sheets
and instead will give you another document that
has your juvenile arrest information.
What steps do I need to take to have my juvenile
record expunged (erased)?
o Step 1: Get copies of your juvenile RAP sheet, or
another document that has your juvenile arrest
record.
o Step 2: Review your juvenile RAP sheet and figure
out if you can ask for expungement.
o Step 3: Fill out the expungement forms.
o Step 4: File the forms with the Circuit Clerk and get a
court date.
What if I have been arrested or charged with a
juvenile offense in more than one county in Illinois
or outside of Illinois?
If you have been arrested or charged with a juvenile
offense in more than one county in Illinois, you will have
a juvenile record in each county. You will have to:
o Identify each county where you have a record;
o Get your juvenile arrest records from each county;
o Fill out separate expungement forms in each county;
AND
o File separately in each county.
If you have been arrested or charged with a juvenile
offense outside of Illinois, you should contact a lawyer in
that state.
Out-of-State Records: Do not use these forms for
juvenile records from a state other than Illinois. The
information in this packet only applies to Illinois juvenile
arrests or court cases. If you have juvenile records from
another state, check with the state where your records
are to see if juvenile expungement is an option.
STEP 1: GET COPIES OF YOUR
JUVENILE RECORDS
Why do I need copies of my juvenile records?
Juvenile records list the offenses and the dates you were
arrested, the charges you were arrested for, the offenses
you were charged with, and the outcome of the cases
including any sentences you received. You need this
information for Step 2 to figure out if your juvenile
records can be expunged.
What are the different types of juvenile records?
Juvenile records have 2 parts. These records include:
o Arrest records: List of all juvenile arrests, including
the date and charge for each law enforcement
agency. In general, you need to get arrest records
from each law enforcement agency that arrested
you. For example, the Chicago Police Department
(“CPD”) provides a free Juvenile RAP Sheet.
o Court File: All of the records from when your case
went to court, including the outcome of the case
(“Disposition”). If your arrest did not lead to a court
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
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State of Illinois
case, there will not be any court record for that
arrest. Ask the Circuit Clerk for the county your case
was filed in how to get your court file, or how to get
information from your court file.
How do I get copies of my juvenile arrest records?
o For Chicago and Suburban Cook County juvenile
arrests only:
There are 2 ways to get your juvenile records for
arrests that occurred in Cook County.
• Juvenile arrest records are available at the
Juvenile Courthouse located at 1100 South
Hamilton in Chicago. To get the information, you
must first go to the Juvenile Expungement Help
Desk on the first floor by the Clerk’s Office to
sign a Release of Information. Once you sign a
release, the Juvenile Probation Department can
access and print juvenile arrest records in
Chicago and the Cook County suburbs.
Chicago arrest information is usually
available the same day it is ordered. You
will get a paper record.
• To get suburban arrest information, you must be
fingerprinted. The results will be available in
approximately 7 days. Juvenile Expungement
Help Desk staff will contact you when the results
are available. This service is free. If you were
arrested by the Chicago Police Department, you
can also order a juvenile RAP sheet from the
police department instead of at the Juvenile
Courthouse. You can get your juvenile RAP
sheet immediately and for free.
• You can go to the CPD Headquarters to get your
Chicago RAP sheet Monday through Friday,
8:00am to 12:00pm:
Chicago Police Headquarters 3510 S.
Michigan Ave., Chicago, IL 60653
(312) 745-5508
o For all other counties in Illinois:
If you have juvenile arrests that occurred outside of
Cook County, you can take these steps to get your
juvenile records.
• If you have only been arrested by one agency,
contact the agency that arrested you to get
information. Although juvenile records are
confidential, the arresting agency must release
information to you regarding your juvenile
arrests, no matter what your age is (705 ILCS
405/1-8(C)(0.3)). For juvenile expungement, the
arresting agency must provide you with the date
of arrest, the charge, and the outcome of the
arrest.
• If you were arrested in more than one county,
get your criminal history information from the
Illinois State Police (ISP) through the Access
and Review Process. If you make a request to
access and review your criminal history, the ISP
Instruction Booklet for Juvenile Expungement Forms
will provide a list of your arrests and court cases
in Illinois. This list will include both juvenile and
adult arrests. Find conviction information request
forms at:
isp.illinois.gov/BureauOfIdentification
• If your ISP report does not include all your
arrests, contact the agency that arrested you
and the Circuit Clerk’s Office to access those
records.
STEP 2: REVIEW YOUR
JUVENILE RECORDS
What do I look for on my juvenile record?
To figure out if the offenses on your juvenile record can
be expunged (erased), you need to look at each arrest in
your juvenile record separately and determine the
following:
o What were the charges? The type of offense you
were arrested for, such as a petty offense, Class A,
B or C misdemeanor, or felony.
o What was the disposition? The outcome of the case
(taken to the police station/station adjustment or
arrest only, SOL (Stricken Off with Leave to
Reinstate), NP (Nolle Prosequi) adjudicated
delinquent (guilty), supervision, adjudicated not
delinquent (not guilty)), including what charge you
were adjudicated delinquent for (found guilty of), if
different from the arresting charge.
o What was the sentence? This is the time you spent
on supervision, on probation, or in the Illinois
Department of Juvenile Justice (for example, in a
juvenile prison).
Once you have determined these details from your
juvenile records, review the information below to see if
your offenses can be expunged.
What types of juvenile records CAN be expunged
(erased)?
o All juvenile arrests where you did not go to court.
This includes station adjustments, probation
adjustments, pre-petition diversion programs, and
arrests where the State’s Attorney decided not to
prosecute or charge you.
o All juvenile court cases that did not result in an
adjudication of delinquency (finding of guilt), for
example: dismissed (“thrown out”), or adjudicated not
delinquent (found not guilty). You can also expunge
the records if the case was dismissed by Nolle
Prosequi (NP) or Stricken Off with Leave to
Reinstate (SOL).
o All juvenile court cases where you were sentenced to
supervision and completed it successfully.
o All juvenile court cases where you were adjudicated
delinquent (found guilty) of a Class B or C
misdemeanor or petty offense.
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
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State of Illinois Instruction Booklet for Juvenile Expungement Forms
o All felony and misdemeanor Class A offenses where
you were adjudicated delinquent (found guilty)
(except for first degree murder and any sex offense
that you still must register for on the Juvenile Sex
Offender Registry) if it has been at least 2 years
since your case ended (including the end of any
sentence, such as probation or aftercare).
What juvenile records CANNOT be expunged?
If you were adjudicated delinquent (found guilty) of first-
degree murder OR any sex offense that you still must
register for on the Juvenile Sex Offender Registry.
NOTE: If you were arrested for one of these offenses but
were not adjudicated delinquent (not found guilty) or
were adjudicated delinquent (found guilty) of a different
kind of offense, you may still be able to expunge that
record.
NOTE: If you went to court for a case, the charges listed
in the final outcome or disposition are what you should
use to determine whether a record can be expunged.
These charges may be different than the charge you
were arrested for.
What if I have some records that can be expunged
and some that cannot?
You can expunge all eligible offenses on your record,
even if some parts do not qualify. The Juvenile Court Act
makes all juvenile records confidential and sealed. This
means the general public cannot see your record. Even
if your juvenile record has not been expunged, it is illegal
for MOST employers, housing providers and schools to
deny you employment, housing, or education based
solely on your juvenile record.
To see if you can expunge your juvenile records,
use
your RAP sheet and court disposition to complete
the Case Worksheet on page 8 of this booklet. Once
you have completed your worksheet, you do not need to
look at your court dispositions and RAP sheets to
complete the expungement forms.
STEP 3: FILL OUT THE
JUVENILE EXPUNGEMENT
FORMS
What forms do I need to expunge (erase) my juvenile
records?
o Request to Expunge Juvenile Records: Use this
form to ask the judge to expunge your records. The
email address (if you have one) and mailing address
you put on the Request is where important legal
documents will be sent to you. You should use an
email account that you do not share with anyone
else and that you check every day. If you do not
check your email every day, you may miss important
information, notice of court dates, or documents from
other parties.
o Additional Juvenile Records: Use this form if you
have more than 6 arrests or cases.
o Notice of Filing for Juvenile Expungement: Use this
form to tell the arresting agency that you are asking
the court to expunge your juvenile records.
o Additional Notice of Filing for Juvenile Expungement:
Use this form if you want to expunge more than 20
juvenile records.
o Additional Arresting Agencies: Use this form if you
have more than 2 arresting agencies or if you were
arrested in more than 2 different cities, towns, or
villages.
o Order to Expunge Juvenile Records: This form is
used by the judge to say your Request to Expunge
Juvenile Records is approved. You may have to use
more than one Order if you want to expunge more
than 20 juvenile records.
o Order Denying Request to Expunge Juvenile
Records: This form is used by the judge to say your
Request to Expunge Juvenile Records is denied. You
may have to use more than one Order if you want to
expunge more than 20 juvenile records.
Where can I find the expungement forms I need?
You can find the forms at: ilcourts.info/forms
or visit the
Office of the State Appellate Defender's website:
illinois.gov/osad/Expungement/Pages/default.aspx
If I need help completing my forms, where can I go?
o Check with your local courthouse or law library, or
search illinoislegalaid.org
for free or reduced cost
help.
o Some counties may have free self-help desks where
you can get help filling out your forms from volunteer
attorneys and law students.
How do I fill out the Request to Expunge Juvenile
Records form?
The form has instructions in the column on the left side
to help you.
Page 1 Caption/Header:
For each of your cases, you may have a case number
and/or a law enforcement record number. If you have
both numbers, enter the case number in the left column
and the connected law enforcement record number in
the right column.
If you only have a case number, leave the connected law
enforcement record number line blank.
If you only have a law enforcement record number:
o Outside of Cook County: Leave the connected
case number line blank.
o In Cook County: Leave the connected case
number line blank for now. The Circuit Clerk may
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
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State of Illinois Instruction Booklet for Juvenile Expungement Forms
assign a new case number for each law
enforcement record number when you file your
forms. Enter in that new case number if the
Circuit Clerk assigns it.
See page 14 for more information on how to fill out this
section.
If all of your case numbers do not fit, use the Additional
Juvenile Records form.
Page 1: Use the information you entered on your Case
Worksheet to fill out the first page of the form. The Case
Worksheet is on page 8 of this instruction booklet and
should be completed using your court disposition or RAP
sheet.
o Case Number: Enter each case number or leave
blank if there is none. The circuit clerk may assign a
case number to that arrest date when you file the
Request to Expunge.
o Law Enforcement Number: Enter each law
enforcement number or leave blank if there isn’t one.
o Arresting Agency: Enter the name of the police or
sheriff’s department that arrested you.
o Arrest Charge: Enter the name of the offense you
were charged with, such as “retail theft” or “cannabis
possession”. If you were adjudicated delinquent for
(found guilty of) a different charge, list that charge
instead.
o Date of Arrest: Enter the date you were arrested
listed on your court disposition or arrest record
information sheet.
o Outcome: Enter the outcome of your case.
If you have more than 6 arrests or cases:
o Mark the checkbox below the table that says “I have
listed additional arrests or cases on the attached
Additional Juvenile Records form.”
o Enter the extra arrests or cases on the Additional
Juvenile Records form. You can use more than 1
Additional Juvenile Records form if needed.
Page 2: Section 2
o Fill in your mailing address. If you move or change
your email address you must notify the court of your
change of address.
Depending on the types of records you have, you may
be requesting expungement under subsection 1,
subsection 2, or both.
Page 3: Subsection 1
Check subsection 1 for:
o All juvenile arrests where you did not go to court
(also known as informal or formal adjustments);
o All juvenile court cases that did not result in an
adjudication of delinquency (finding of guilt), for
example: dismissed (“thrown out”), or adjudicated
not delinquent (found not guilty). You can also
expunge the records if the case was dismissed by
Nolle Prosequi (NP) or Stricken Off with Leave to
Reinstate (SOL);
o All juvenile court cases where you were sentenced
to supervision and completed it successfully; AND
o All juvenile court cases in which you were
adjudicated delinquent (found guilty) of a Class B or
C Misdemeanor or petty offense.
Page 3: Subsection 2
Check subsection 2 for:
o All cases in which you were adjudicated delinquent
(found guilty) of a Class A misdemeanor or felony
offense, except first degree murder or any sex
offense that you are still required to register for on
the Juvenile Sex Offender Registry, which cannot be
expunged.
Additionally:
o It must be at least 2 years since your case closed
(including the end of any sentence, such as
probation or aftercare). List the date your juvenile
case closed.
Signature: You must sign and date your Request to
Expunge Juvenile Records. Your signature means that
everything you filled out on the form is true and correct
to the best of your knowledge. Making a false statement
on this form could be perjury.
How do I fill out the Notice of Filing for Juvenile
Expungement form?
o Enter your information on this form where instructed.
o Find the name and address for the County State’s
Attorney by asking the Circuit Clerk.
o Find the address for the arresting agencies (police
departments) that arrested you by contacting them.
o If you have more than 2 arresting agencies or if you
were arrested in more than 2 different cities, towns, or
villages, use an Additional Notice of Filing for Juvenile
Expungement form. You may use more than 1
Additional Notice of Filing for Juvenile Expungement
form.
o The Circuit Clerk will mail a copy of the
Notice of
Filing for Juvenile Expungement, any Additional
Notice of Filing for Juvenile Expungement, and your
Request form to all of the agencies that are required
to get notice of your Request.
o You can only file a Request to expunge records in the
county where the arrests, charges, and convictions
happened. If you have arrests, charges, or
convictions in more than one county, you will have to
file a separate Request in each county.
How do I fill out the Order to Expunge Juvenile
Records and the Order Denying Request to Expunge
Juvenile Records forms?
o Enter your information on both the forms where
instructed.
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
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State of Illinois
o Enter any case numbers and law enforcement
numbers that you listed on your Request. If you have
an arrest with a no case number, the Circuit Clerk’s
office may assign it a new case number. If they do,
they will add it to your Request and Order.
o Do not check any boxes on the Order forms. The
judge will check the correct boxes once a decision
has been made about your Request.
o You will get one or both forms back from the court
telling you if the judge approved or denied your
Request.
STEP 4: NEXT STEPS FOR
EXPUNGEMENT
What do I do after I fill out the form?
Step 1: File your Request to Expunge Juvenile
Records with the Circuit Clerk.
o File your forms with the Circuit Clerk in the county
where you were arrested or charged with the
offense. In some counties, you may have to attach
copies of your court dispositions.
o If your Request to Expunge Juvenile Records
includes criminal cases, then you may be able to file
in person, by mail, or by e-filing (filing electronically).
Check with your Circuit Clerk to see how to file in
your county.
How to File in Person
o Go to the courthouse in the county where you were
arrested or charged with the offense.
o Give the Circuit Clerk your original form and the
required number of copies to stamp.
o The Circuit Clerk will keep the original form and give
back your copies.
How to File By Mail
o If you do not need to appear in person, mail your
original form and one copy to the Circuit Clerk to
stamp.
o Include a self-addressed and stamped envelope for
the Circuit Clerk to mail the file stamped copy to you.
How to File Electronically (e-file)
o If you e-file your forms, most people use Odyssey
eFileIL at ilcourts.info/efile.
o Follow step-by-step instructions and watch videos
that walk you through the steps for e-filing at
ilcourts.info/EfileHowTo
.
o E-filing is easier on a computer. It may not work on a
cell phone or tablet.
o If you do not have access to a computer or if you
need help e-filing, take your completed forms to a
public library or a Circuit Clerk, Appellate Clerk, or
Instruction Booklet for Juvenile Expungement Forms
Supreme Court Clerks’ office. These places offer
public computers where you can e-file your forms.
• You can bring your forms on paper or saved on
a flash drive. The public computer will have a
scanner where you can turn your paper forms
into electronic files.
• Librarians and courthouse staff may be able to
help you e-file, but they cannot provide legal
advice.
o If your Court requires you to e-file, some people are
still not required to e-file, which means they can file
paper forms at the courthouse or by mail. People
who do not have to e-file are:
• Inmates in prison or jail who do not have a
lawyer.
• People with a disability that keeps them from e-
filing.
o You may also qualify for an exemption from e-filing
if:
• Do not have Internet or computer access in your
home, and it is hard for you to travel.
• Have trouble reading, writing, or speaking
English.
• Are filing documents in a sensitive case, such as
an order of protection.
• Tried to e-file your forms, but you were not able
to because the equipment or help you needed
was not available.
o To ask for an exemption from e-filing, use the form at
ilcourts.info/ExemptionCircuit
. If you cannot print this
form, then ask for it at your local courthouse.
• File your Certification for Exemption from E-Filing
form with your other court forms at the Circuit
Clerk's office or by mail.
• Bring or send your signed court forms and at
least two copies of your forms to the Circuit
Clerk’s office. Ask them to stamp your copies
and return them to you.
o If you need to make copies of your forms, you can
do that at the Circuit Clerk’s office. They may charge
you to make copies.
o If you mail your court forms to the Circuit Clerk’s
office, include a stamped envelope addressed to
you. The Circuit Clerk will file your forms then send
your copies back to you in the envelope.
o After you file, the Circuit Clerk will mail your Request
with the Notice of Filing for Juvenile Expungement to
each of the following:
• County State’s Attorney
• Arresting Agencies (police departments)
• Illinois State Police
o Keep 1 copy of the form that was stamped by the
Circuit Clerk for your own records.
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
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State of Illinois
Step 2. Ask for a court date.
o You may need to go to court for a court date in front
of a judge. Some counties schedule a court date
right away, but others will only schedule a court date
if one of the agencies you listed on the Notice of
Filing for Juvenile Expungement form objects to your
Request.
o If you need to schedule the court date, ask the
Circuit Clerk how to do so. The Circuit Clerk may
schedule the court date or you may have to speak
with other court staff.
o When you get your court date, the Circuit Clerk will
send notice of the court date to the State’s Attorney.
Step 3: Get ready for your court date.
Make sure you know how to
attend your court date.
Your court date could be in person, by
phone or by video. If it is by phone or
video it is called a “Remote Appearance.”
Call the Circuit Clerk or visit their website
for more information. To find the phone
number for your Circuit Clerk, visit
ilcourts.info/CircuitClerks
.
o Decide and write down:
• What you want to ask the judge to do for you;
• What you will say to the judge if asked to tell
your side of the case; AND
• Questions you have for witnesses, if there are
any.
o Gather and make copies of pictures and documents
you want the judge to see. Bring the original for the
judge and one copy for you and each of the people
in the case. If your court date is by phone or video,
contact the Circuit Clerk and ask how you can get a
copy of these items to the judge. You might have to
e-file them like your other documents. You will also
have to get a copy of these items to the other
parties.
o If you want the judge to hear from other people,
those people will have to attend court and be
witnesses (in most cases, you cannot bring in written
statements of witnesses). If your court date is by
phone or video, you will have to arrange for your
witnesses to attend by phone or video.
Attend your court date.
o You must attend the court date if one is scheduled. If
you do not, the judge could enter an order or
judgment against you. If you do not go to the
hearing, a judge cannot ask you about the issues in
the expungement and your Request could be denied
or continued to another date.
Instruction Booklet for Juvenile Expungement Forms
• If your court date is by phone or video:
Make sure to have the call-in or login
information for your court date and make
sure your technology is working.
Follow the instructions on the court notice
you received. Call the Circuit Clerk or Circuit
Court or visit their websites for specific
technology instructions.
Follow these recommendations to appear by
phone or video:
ilcourts.info/AllRemoteCourtResources
• Have these items with you on your court date:
Photo I.D.;
Copies of all the documents you filed with
the Circuit Clerk;
Copy of your Orders; and
Other papers or proof related to your Motion.
• Arrive for your court date at least 15 minutes
early. If you are going in person to court, add
more time for going through security.
• If your hearing is in person, find the courtroom
number listed on your court form. If your forms
do not have a courtroom number look for a list of
cases at the courthouse or ask the Circuit Clerk.
• You may need to check in with the courtroom
staff. Then, wait for your name and case number
to be called.
• When your case is called, introduce yourself to
the judge. If you are attending by phone or
video, remember to unmute yourself.
o Representatives from the agencies that you listed on
your Notice of Filing for Juvenile Expungement form
may be at your hearing and could ask you questions
about your case.
o You will have a chance to respond to any objections
to your request for expungement.
o If there are objections, you may ask for a
continuance and seek legal advice. For more
information, contact the Office of the State Appellate
Defender:
illinois.gov/osad/Expungement/Pages/default.aspx.
o The judge makes the final decision. The judge is
allowed under the law to use their discretion when
deciding whether or not to expunge your juvenile
records.
What if I move or change my email address before
my juvenile expungement request is heard by a
judge?
Use the Change of Address form immediately to tell the
Circuit Clerk of your new mailing or email addresses. If
you do not tell the court your new addresses, you may
not receive necessary paperwork.
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
Page 8 of 14
(10/23)
State of Illinois Instruction Booklet for Juvenile Expungement Forms
Who can keep me from getting my juvenile records
expunged (erased)?
The police departments and prosecutors that you listed
on the Notice of Filing for Juvenile Expungement form
get a chance to object to your request to expunge your
juvenile records.
They have 45 days to file a written objection with the
court. If they object, it means they have a legal reason
that they do not want your records to be expunged. Even
if they object, the judge may still grant your
expungement.
How will I know if someone objects to my Request to
Expunge Juvenile Records?
The Illinois State Police, the arresting agency, or State's
Attorney (Prosecutor) may file a written objection with
the court in advance ( and you will receive a copy) or
they may object in person at the hearing. You have a
legal right to understand and respond to their objection.
An objection does not always mean the judge will deny
your Request. The judge will consider the objection and
your response when deciding if your juvenile records will
be expunged. You must go to the court hearing in order
to respond to any objections.
How does the court decide to approve or deny my
request for juvenile expungement?
A judge may not automatically approve your request for
juvenile expungement just because you are eligible
under the law. To decide, the judge will:
o Review any objections raised by the agencies you
listed on your Notice of Filing for Juvenile
Expungement form;
o Determine if you are eligible under the law; AND
o Review the other factors they are allowed to
consider, including:
• The reasons why the State, the Arresting
Agencies, or Chief Legal Officers want to keep
your records from being expunged;
• Your age, and your juvenile and criminal
records;
• The period of time between your arrest or court
case and the filing of the request to expunge
your records; AND
•
The specific negative results you may suffer if
the Request is denied. Be prepared to tell the
judge about these.
How will I find out if my Request to Expunge
Juvenile Records is approved or denied?
At your court date, the judge will tell you if your Request
is approved or denied. Ask the Circuit Clerk and/or
State’s Attorney for a copy of the expungement order
whether it is granted or denied. Do not leave without a
copy of the expungement order.
If my Request is approved, how long will I have to
wait before my juvenile records are expunged?
If the judge approves your Request to Expunge Juvenile
Records, a copy of the Order will be sent by the Circuit
Clerk to the Illinois State Police and the police
departments and prosecutors that you listed on the
Notice of Filing for Juvenile Expungement. These
agencies have 60 days from the time they receive a
copy of the Order to expunge your records.
What do I do with the Orders approving or denying
my Request to Expunge Juvenile Records after I get
it?
If your request was approved, it is very important that
you keep a copy of the Order that you received from the
Circuit Clerk in a safe place. Once your arrests or cases
are expunged, the court no longer has a court record for
you and it may be very difficult or impossible to get
another copy of the Order.
If my records are expunged, do I have to tell
employers or potential employers about it?
No, you do not have to tell employers about expunged
juvenile records.
o On job applications, any question about criminal
records is not asking you about your juvenile record.
You may answer “no” to the question, “have you ever
been convicted” if you only have a juvenile record.
This is true even if you do not file for juvenile
expungement.
o Even though juvenile records are confidential, they
may be disclosed legally or illegally. If you are denied
a job or a promotion based on your juvenile record,
request a copy of the background check from the
employer and contact an attorney for help.
o In Illinois it is against the law for employers to ask if
you have expunged or sealed any juvenile records.
o If an employer finds out that you expunged any
juvenile records, they cannot use that against you or
they will violate the Juvenile Expungement Act
705
ILCS 405/5-915.
How will I know when my juvenile records have been
expunged?
o The ISP will send you a letter stating that they have
expunged your juvenile records. Until you receive
this letter from the ISP, your records have not yet
been expunged.
o If you have not heard back in 55 days, call them and
ask if they have expunged your records yet.
o Also call your arresting agency because they may
not send you a letter.
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
Page 9 of 14
(10/23)
State of Illinois
Can anyone find out about my juvenile records once
they have been expunged?
These agencies may be able to see expunged juvenile
records:
o Immigration officials, law enforcement, and national
security agencies, like the military, if you apply for a
job with them.
What if my juvenile record does not qualify for
expungement?
Always double-check your eligibility with a lawyer if you
think you are not eligible to expunge your juvenile
record. Even if you cannot expunge your juvenile record,
your entire juvenile record is still automatically sealed
and cannot be seen by the general public.
What can I do if my Request to Expunge Juvenile
Records is denied even though I'm eligible for
expungement?
o You have several options. Some of these options
are time sensitive so you should act right away. If
you are able to speak to a lawyer you should do so
as soon as possible. Your options are:
• Ask for Reconsideration: You can ask the
judge to look at your Request again by filing a
Motion for Reconsideration with the Circuit Clerk
within 60 days from the day you received a copy
of the Order denying your Request.
Appeal: You can ask the appellate court
to review the judge’s decision to deny
your expungement. NOTE: the
Appellate Court decision may become
part of the public record, so even if you
are ultimately successful in your
expungement of your criminal records,
the appellate case (including information
on your expunged juvenile record) will
not be expunged.
File a Notice of Appeal with the Circuit Clerk
within 30 days from the day the Order was
entered denying your Request; OR
If you file a Motion for Reconsideration and it
is denied, file a Notice of Appeal within 30
days from the day the Order was entered
denying your Motion for Reconsideration.
You will have to pay a filing fee to the
appellate court unless you have a fee waiver
from the appellate court. You will have to
pay a fee for the Circuit Clerk to prepare the
Request for Preparation of Record on
Appeal. Give the Circuit Clerk a copy of your
Order for Waiver of Court Fees (if you have
one) and pay your portion of the fees.. You
can find more information about Request for
Preparation of Record on Appeal at
ilcourts.info/forms
.
• File a Petition for Executive Clemency: You
can file a petition with the Prisoner Review
Instruction Booklet for Juvenile Expungement Forms
Board requesting the Governor grant a pardon
authorizing expungement. For more information,
go to state.il.us/prb
.
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
Page 10 of 14
(10/23)
State of Illinois Instruction Booklet for Juvenile Expungement Forms
Appendix: Case Worksheet
Use this worksheet to organize information about
your juvenile records in one place. Organizing your
information can help you complete the forms. Do not
file this worksheet with the court.
o You can find all the information you need to fill in the
worksheet on your court dispositions, RAP sheets, and
information from the Illinois State Police. Below are
some samples to help you locate the information you
need.
o There are three tables on page 9 of this instruction
booklet to help you determine if a sentence or
disposition qualifies for juvenile expungement.
How do I complete the Case Worksheet?
Using the information on your court dispositions and arrest
record, fill in your Case Worksheet with the following
information for each case:
o Case Number: enter the case number listed or leave
blank if you were arrested but it never resulted in a
court case. The Circuit Clerk must provide your case
numbers to you for free.
o Law Enforcement Record Number: enter the law
enforcement record number if you have one. See
instructions below for more information on finding your
law enforcement record number.
o
Arresting Agency: enter the name of the police
or sheriff’s department that arrested you.
o Charges: enter all offenses you were charged
with for each arrest or case number, for
example “drug possession” and “possession of
paraphernalia”.
o Date of Arrest: enter the date you were arrested
that is listed on your court disposition or RAP
sheet.
o Outcome: check how your case ended:
• no petition for delinquency filed (arrest
only),
• adjudicated delinquent (guilty) of felony or
class A misdemeanor,
• adjudicated delinquent (guilty) of class B
or C misdemeanor,
• adjudicated not delinquent (found not
guilty),
• case dismissed (thrown out),
• arrest only/adjustment, or
• I was given supervision and successfully
completed it.
• I was given supervision and did not
successfully complete it.
o Completion of Sentence: enter the date your
sentence ended successfully. If you were only
arrested, your Completion of Sentence Date is
the date of arrest.
Do not file this worksheet with the court. It is only to
help you fill out the actual juvenile expungement forms.
Case
Number
Law
Enforcement
Record
Number
Arresting
Agency
(Police Dep’t)
Arrest
Charges (as
listed by
arresting
agency)
Date of
Arrest
Final
Charge
Outcome
(“Disposition”)
Completion
of Sentence
Date
1
2
3
4
5
6
7
8
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
Page 11 of 14
(10/23)
State of Illinois Instruction Booklet for Juvenile Expungement Forms
Sample Cook County Court Disposition:
Sample Chicago Police RAP Sheet:
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
CHICAGO POLICE DEPARTMENT
3510 S. Michigan Avenue/Chicago, IL 60653
PEOPLE OF THE STATE OF ILLINOIS
Identification Section
VS
NUMBER 05JD244
Criminal History Report
JOHN DOE
DOE, JOHN
IR # 978380
MALE
CERTIFIED STATEMENT OF CONVICTION / DISPOSITION
SID #
WHITE
FBI #
5’10”
I, DOROTHY BROWN, Clerk of the Circuit Court of Cook County,
IDOC #
EYES: BRO
Illinois, and keeper of the records and seal thereof do hereby certify
Current Arrest Information:
HAIR: BLK
that the electronic records of the Circuit Court of Cook County
show:
Date of Birth:
2-OCT-1974
The State’s Attorney of Cook County/Local Prosecutor has filed a
Age:
39 years
complaint with the Clerk of the Circuit Court.
Place of Birth:
CHICAGO, IL
SSN:
Charging the above named defendant with:
Driver’s License #:
Q4838171920282782
Driver’s Lic. State:
ILLINOIS
750-5/12-3-A-1
M A
BATTERY
Scars, Marks & Tattoos:
The following disposition(s) was/were rendered before the
Honorable
Criminal Justice Summary: Total arrests: 1 (1 Misdemeanor)
Judge(s):
ARREST
11/05/2005 BOND SET BY RULE OF
COURT
11/17/2005 3154
Smith, Gerald T.
Arrest Name:
DOE, JOHN
Date: 11/4/2005
Holding Facility:
NORRIDGE
11/17/2005 BOND FORFEITURE
B001
Date of Birth:
2-OCT-1974
Arrest Address:
145 W. State St., Chicago, IL
Smith, Gerald T.
DCN or CB:
05456347
Residence:
230 E. Green St., Chicago,
IL
12/13/2005 MOTION TO VACATE BOND FORF.
Officer:
JONES
Officer Badge #: 53
Arresting Agency:
CPD
Smith, Gerald T.
12/13/2005 BOND FORFEITURE VACATED
Count
Class
Type
Statute
Arrest Charge Description
Smith, Gerald T.
[1]
A
M
720 ILCS 5/12-3
Battery
12/13/2005
Found Not Guilty
C001
COURT CHARGES/ DISPOSITION
Smith, Gerald T.
Statute
Charge
Class
Case#
720 ILCS 5/12-3
BATTERY
M
05121978901
Disposition:
SOL
Disposition
Date:
13-DEC-2005
Sentence:
Sentence Date:
Sample Case Worksheet:
Case
Number
Law
Enforcement
Record
Number
Arresting
Agency
(Police Dep’t)
Arrest
Charges (as
listed by
arresting
agency)
Date of
Arrest
Final
Charge
Outcome
(“Disposition”)
Completion
of Sentence
Date
1
05JD244
05456347
CPD
Battery
11/4/2005
n/a
Found Not Guilty
n/a
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
Page 12 of 14
(10/23)
State of Illinois Instruction Booklet for Juvenile Expungement Forms
Sample County Court Disposition (Not Cook County):
Sample Illinois State Police RAP Sheet:
IN THE JUVENILE COURT OF THE ELEVENTH JUDICIAL
CIRCUIT
ILLINOIS STATE POLICE
FORD COUNTY, ILLINOIS
Bureau of Identification
260 North Chicago Street
PEOPLE OF THE STATE OF ILLINOIS,
)
Joliet, IL 60432-4075
Plaintiff,
)
vs
)
No.
09- JD-117
Jane Doe
)
Criminal History Of: Doe,
Jane
State Identification #: IL 9876543
Defendant
)
(Last Known Name)
Conviction Status: MISDEMEANOR CONVICTION
JUDGMENT AND SENTENCE
Custodial Status:
OF PROBATION/COURT SUPERVISION/CONDITIONAL DISCHARGE
Alias Name(s)
Date of Birth
The case coming on for sentencing, Defendant (having pled guilty of)
DOE, JANE
01/13/1981
(having been found guilty of) (having had probation, supervision, or
conditional discharge received for ) the offense(s) of:
SUBJECT IDENTIFICATION DATA
Unlawful Possession of Drug Paraphernalia
Sex: FEMALE
Class A Misdemeanor
Race: WHITE
and a Presentence Report having been (prepared) (waived) and hearing
Height: 5’4” Date Reported: 10/23/2009 FBI#:
in aggravation and mitigation (held) (waived); The Court finds there is a
Weight: 105
Date Reported: 10/23/2009
Chicago IR#:
factual basis for a factual basis for a finding of guilty. The Court further
Eyes: BLUE
finds that imprisonment in the Illinois Department of Corrections is not
Hair: BLACK
necessary for the protection of the public, and the following sentence
Skin: MEDIUM
does not deprecate the seriousness of the Defendant’s conduct and is
Scars/Marks/Tattoos
Place of Birth
DL #
DL State
consistent with the ends of justice.
TAT L LEG
ILLINOIS
K1234567899
IL
ACCORDINGLY IT IS THE ORDER OF THIS COURT, that the
Defendant is placed on (probation) (court supervision) (conditional
discharge) for a period of
12
(years) (months) (days) subject
CRIMINAL HISTORY DATA
to the following conditions:
Arrest
DCN: P129393
Date of Arrest:
10/23/2009
THE DEFENDANT SHALL:
Name: DOE, JANE
Date of Birth: 01/13/1981
Residence: 123 N. Main St. Melvin, IL
GS
(X) 1.
not violate any criminal statute of any jurisdiction;
. . .
Arresting Agency: FORD COUNTY SHERIFF’S OFFICE
GS
(X) 8.
pay a fine of $
750
; court costs of . . .
Agency Case Number: 1234567
Officer Badge Number:
008
and Probation (Supervision) fees in the amount of
$
25
per month;
Arrest Charges
. . .
Count
Statute Citation
Literal Description
Class
This case is continued to
12/17/10
except for review or
1
720 ILCS 600/3.5
Poss. Of Drug Paraphernalia
M
remission hearings.
State’s Attorney Section
ENTER:
12/17
, 20
09
Gerald T. Smith
Filing Decision: FILED
Decision Date: 10/23/2009
JUDGE
Count
Statute Citation
Literal Description
Class
1
720 ILCS 600/3.5
Poss. Of Drug Paraphernalia
M
TERMINATION DATE:
12/17
, 20
10
Agency Name: FORD COUNTY STATE’S ATTORNEY
Court Charges/Disposition
Count
Statute Citation
Literal Description
Class
1
720 ILCS 600/3.5
Poss. Of Drug Paraphernalia
M
Disposition: SUPERVISION
Disposition Date: 12/17/2010
Case Number: 09CM117
Agency Name: FORD COUNTY CIRCUIT COURT
Sample Case Worksheet:
Case
Number
Law
Enforcement
Record Number
Arresting
Agency (Police
Dep’t)
Arrest Charges
(as listed by
arresting agency)
Date of
Arrest
Final Charge
Outcome
(“Disposition”)
Completion
of Sentence
Date
1
09-JD-117
P129393
Ford County
Sheriff’s Office
Unlawful
possession of drug
paraphernalia
10/23/2009
n/a
Supervision
12/17/10
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
EX-I 2902.3
Page 13 of 14
(10/23)
State of Illinois Instruction Booklet for Juvenile Expungement Forms
Appendix: Caption
Example 1: If you were arrested but did not have a court case, you may only have a law enforcement record number on
your record. If you have a law enforcement number and no case number, fill out the top of your form as follows.
If outside Cook County:
Case numbers for all your juvenile court records
in this county:
Law enforcement record numbers
connected with your case numbers:
To find the law enforcement record number, see
page 12 of How to Expunge Juvenile Records.
1.
1.
CB 05456347
2.
2.
If in Cook County: The Circuit Clerk may assign your first case a case number when you file. Leave that spot blank and
write in the new case number when you get it.
Case numbers for all your juvenile court records
in this county:
Law enforcement record numbers
connected with your case numbers:
To find the law enforcement record number, see
page 12 of How to Expunge Juvenile Records.
Add new case number here (ex- 23-JD-
1.
111)
1.
CB 05456347
2.
2.
Example 2: If you have both a case number and a law enforcement record number that goes with that case, put them
side by side.
If you only have a case number and no law enforcement record number, leave the law enforcement record number line
blank.
Case numbers for all your juvenile court records
in this county:
Law enforcement record numbers
connected with your case numbers:
To find the law enforcement record number, see
page 12 of How to Expunge Juvenile Records.
1.
15-JD-123
1.
CB 05456347
2.
12-JD-987
2.
Find Illinois Supreme Court approved forms at: ilcourts.info/forms.
Page 14 of 14
EX-I 2902.3 (10/23)
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