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QUALIFYING FOR EXPUNGEMENT OF YOUR JUVENILE RECORD

NOTE: JUVENILE EXPUNGEMENT ONLY APPLIES TO CASES BROUGHT UNDER THE JUVENILE COURT ACT. YOU MUST HAVE BEEN AGE 16 OR YOUNGER AT THE TIME OF THE OFFENSE AND, IF PROSECUTED, THE PROSECUTION MUST HAVE BEEN IN JUVENILE COURT. OTHERWISE, YOUR RECORD IS AN ADULT RECORD.

Your Juvenile Record may be considered for expungement if you fall into one of two categories:

CATEGORY NO. 1: If you are at least 17 years old and you can answer “Yes” to ANY of the following questions:

1.Were you arrested and not charged?

2.Were you charged but found not delinquent (not guilty)?

3.Were you placed under supervision and, if so, did you follow all the rules of your supervision so that it was successfully terminated?

4.Were you adjudicated delinquent (found guilty) for an offense that if committed by an adult would be a Class B misdemeanor, Class C misdemeanor or a petty or business offense?


Then you can have your juvenile record expunged. Use the “Category 1" Petition.

SAMPLE COMPLETED CATEGORY 1 PETITION

BLANK CATEGORY 1 PETITION FOR COMPLETION



CATEGORY NO. 2: For any juvenile incidents that do not fall into Category No. 1 above, you may still have your juvenile record expunged except those proceedings based upon (1) first degree murder or (2) sex offenses which would be felonies if committed by an adult, SO LONG AS you can answer “Yes” to ALL of the following questions:

1.Have you had NO convictions for any crime since your 17th birthday?

2.Are you at least 21 years old?

3.Has it been at least five years since your last juvenile court proceeding was terminated?

4.Has it been at least five years since your commitment to the Department of Corrections, Juvenile Division ended?


If you answered “Yes” to ALL of these questions and your case was not based on first degree murder or a sex offense that would be a felony if committed by an adult, you can have your record expunged. Use the “Category 2" Petition. 

SAMPLE COMPLETED CATEGORY 2 PETITION

BLANK CATEGORY 2 PETITION FOR COMPLETION


REMEMBER: JUVENILE ADJUDICATIONS THAT ARE BASED ON FIRST-DEGREE MURDER OR SEX CRIMES THAT WOULD BE FELONIES OF COMMITTED BY AN ADULT CAN NOT BE EXPUNGED.

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