Chicago Police DepartmentSpecial Order S09-04-04
Juvenile Arrest Record Expungement
Issue Date:20 November 2019Effective Date:20 November 2019
Rescinds:06 October 2001 Version
Index Category:Information Management
I.Purpose
This directive provides an overview of the Youth Opportunity and Fairness Act (YOFA) effective January 01, 2018. This Act strengthens confidentiality of juvenile records while expediting the processes for expunging juvenile records.
II.General Information
  • A.Public Act 100-0285 amends the Illinois Juvenile Court Act (JCA) (705 ILCS 405/1-1 et seq.) concerning the disclosure and expungement of juvenile law enforcement records. This new law, effective January 1, 2018, prevents the public, with the exceptions listed in Item V-B of this directive, from accessing juvenile law enforcement records, and provides additional privacy protections to juveniles who were arrested or had interactions with law enforcement.
  • B.The Juvenile Court has jurisdiction over a person if he or she is arrested before his or her 18th birthday. Juvenile arrests are adjudicated pursuant to the Juvenile Court Act rather than tried criminally pursuant to the Criminal Code.
  • C.Adjudications shall not prejudice or disqualify the individual in any civil service application or appointment, from holding public office, or receiving any license granted by public authority.
  • D."Expunge" means to physically destroy the records and to obliterate the minor's name and juvenile courts from any official index, public record or electronic databases. No evidence of the juvenile court records may be retained by any law enforcement agency, the juvenile court, or by any municipal, county, or State agency or department.
III.Automatic Juvenile Expungement
Under the Youth Opportunity and Fairness Act (YOFA) some juvenile records are eligible to be automatically expunged without any action taken by the juvenile or legal counsel.
IV.Petitions for Juvenile Expungement
If a juvenile record is not eligible for automatic expungement, a juvenile can petition the juvenile court to expunge their record.
  • A.The Commander, Youth Investigations Division, or a designee thereof, will receive all court orders and petitions for the expungement of juvenile arrest records from the Chief Judge, Juvenile Court.
  • B.The Youth Investigations Division personnel assigned to process the expungement will:
    • 1.review the court order and arrest record to verify the date of the arrest corresponds to the date which appears on the court order and that the signature of the judge is authentic.
    • 2.review the computerized file to ensure all necessary information pertaining to the arrest is expunged, as directed by the court order, from the official Department computerized files.
    • 3.ensure the hard copy documents pertaining to the juvenile arrest record are destroyed.
NOTE:
Juveniles who have been charged as adults will have their records expunged according to the procedures outlined in the Department directive titled "Arrest Record Expungement."
V.Confidentiality of Juvenile Records
The Youth Opportunity and Fairness Act (YOFA) strengthens confidentiality protections for juvenile records that have not been expunged.
  • A.Juvenile records that have not been expunged are sealed and may never be disclosed to the general public or otherwise made widely available unless ordered by the juvenile court for good cause.
  • B.Inspection and copying of law enforcement records maintained by law enforcement agencies or records of municipal ordinance violations by any State, local, or municipal agency that relate to a minor who has been investigated, arrested or taken into custody before his or her birthday will be restricted to the following:
    • 1.any local, State, or federal law enforcement officers of any jurisdiction or agency when necessary for the discharge of their official duties:
      • a.during the investigation or prosecution of a crime or relating to a minor who has been adjudicated delinquent and there has been a previous finding that the act which constitutes the previous offense was committed in furtherance of criminal activities by a criminal street gang, or
      • b.in connection with a particular investigation of the conduct of a law enforcement officer, an independent agency or its staff created by ordinance and charged by a unit of local government with the duty of investigating the conduct of law enforcement officers;
    • 2.prosecutors, probation officers, social workers, or other individuals assigned by the court to conduct a pre-adjudication or pre-disposition investigation, and individuals responsible for supervising or providing temporary or permanent care and custody for minors pursuant to the order of the juvenile court, when essential to performing their responsibilities;
    • 3.prosecutors and probation officers:
      • a.in the course of a trial when institution of criminal proceedings has been permitted or as required under Illinois law; or
      • b.when institution of criminal proceedings has been permitted or required under Illinois law and such minor is the subject of a proceeding to determine the amount of bail; or
      • c. when criminal proceedings have been permitted or as required under Illinois law and minor is the subject of a pre-trial investigation, pre-sentence investigation, fitness hearing, or proceedings on an application for probation;
    • 4.adult and juvenile prisoner review board;
    • 5.authorized military personnel;
    • 6.persons engaged in bona fide research, with the permission of the Presiding Judge of the Juvenile Court and the chief executive of the respective law enforcement agency; provided that publication of such research results in no disclosure of a minor's identity and protects the confidentiality of the minor's record;
    • 7.Department of Children and Family Services child protection investigators acting in their official capacity;
    • 8.appropriate school official only if the agency or officer believes that there is an imminent threat of physical harm to students, school personnel, or others who are present in the school or on school ground;
    • 9.mental health professionals on behalf of the Illinois Department of Corrections or the Department of Human Services or prosecutors who are evaluating, prosecuting, or investigating a potential or actual petition brought under the Sexually Violent Persons Commitment Act relating to a person who is the subject of juvenile law enforcement records or the respondent to a petition brought under the Sexually Violent Persons Commitment Act who is the subject of the juvenile law enforcement records sought; and
    • 10.president of a park district.
VI.Annual Expungement Process
Under Illinois Juvenile Court Act (JCA) 705 ILCS 405/5-915, the Department shall automatically expunge, on or before January 1 of each year, all juvenile law enforcement records relating to events occurring before an individual's 18th birthday, if:
  • A.one year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records;
  • B.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
  • C.6 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.
VII.Inquires
All inquires concerning a juvenile arrest record which has been expunged will be answered by the statement "No Record."
Authenticated by: KC
Eddie T. Johnson
Superintendent of Police
T19-094 KT