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Frequently Asked Questions about Illinois’ juvenile expungement process

1. What is a “record”?  

Whenever a juvenile is arrested, records are made and kept by Illinois courts and law enforcement agencies. You will have a juvenile record even if your case was dismissed, if you were acquitted, found “not delinquent,” “not guilty,” your conviction was reversed or you were sentenced to supervision or probation.

The state of Illinois has a process for making those records “off-limits” to most people. This process is called “expungement”.

2. What does it mean to have your Illinois juvenile criminal records “expunged”?

If you have your records expunged, in many cases, the records will be “off-limits” to employers and the rest of the general public and treated like they never existed. For example, when you fill out a job application, you do not have to tell a potential employer about the case you have had expunged.

However, if you pursue certain types of careers (such as becoming an attorney) you will still have to disclose the existence of expunged records.

3. How can expungement help me?

Having a juvenile record can make it hard to get a job, a place to live, credit, licenses needed to do some types of jobs and student loans. Getting the record expunged may help remove these barriers.

4. Once I get an expungement, are my juvenile records “off-limits” to everyone?

No. Law enforcement agencies, the Department of Corrections, State’s Attorneys and other prosecutors can still consider your juvenile records with regards to employment, even if they have been expunged. The military can too. Also, private companies that do background checks may be able to get your juvenile records, even after they have been expunged.

Still, expungement is an important step towards making sure you are not shut off from future opportunities. 

5. Do I need a lawyer to get an expungement?

No, but you can get one if you want to. If you are under 18 years old, you need a parent or guardian to help you go through the steps described below to get an expungement. If you are 18 years old or older, you can get the expungement on your own. However, it may be helpful to work with an attorney to obtain a court order expunging your records.