Notice of Juvenile Record Expungement
JUVENILE LAW ENFORCEMENT RECORD AUTOMATIC EXPUNGEMENT
The expungement of juvenile law enforcement records in Illinois is governed by Part 9 of Article V of the Juvenile Court Act of 1987 (705 ILCS 405/5-915). In 2018, the State of Illinois approved Public Act 100-1162, which requires that law enforcement agencies automatically expunge all eligible juvenile records from 2013 through 2017 by January I, 2020. Pursuant to 705 ILCS 405/5-915 of the Juvenile Court Act, the Cary Police Department has automatically expunged all juvenile records that meet the Act's guidelines. Only records maintained by the Cary Police Department are covered by this notice.
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:
- One year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records;
- 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
- 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 or law enforcement interaction documented in the records.
This document serves as notice of expungement for events occurring between January I, 2013 and December 31, 2015. Notice of expungement for events occurring between January I, 2016 and December 31, 2017 have been mailed to the juvenile's last known address. Please be advised 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 an offense 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.
Once a record has been expunged, the event is treated as if it never occurred. If an inquiry regarding an expunged record is made, law enforcement and government offices and agencies must respond that no record or file exists regarding the expunged matter.