REMEMBER: JUVENILE OFFENSES THAT ARE BASED ON FIRST DEGREE MURDER OR SEX CRIMES THAT WOULD BE FELONIES IF COMMITTED BY AN ADULT
CAN NOT BE EXPUNGED.
Procedures:
1. Obtain an arrest history report from the arresting agency, such as the police department, sheriff’s department, or Illinois State Police.
2. Decide which of the two petition forms to use (Category 1 or Category 2). Generally, if the case only involved an arrest or supervision and he/she was never
on probation, he/she should use the Category 1 petition. If the case involved probation, he/she should use the Category 2 petition.
If unsure of which form to use, call the Lake County Circuit Clerk’s Office at (847) 377-7888. File a separate petition for each arrest listed on the arrest history
report.
3. Obtain the Petition, Notice, and Order to expunge from the Lake County Circuit Clerk’s Office.
Fill out the following portions of the Notice:
His/her name, case number, address of the arresting agency, address of the State’s Attorney, and his/her address. LEAVE THE REST OF THE
NOTICE BLANK.
Fill out the following portions of the Order:
His/her name, date of birth (DOB), case number, name of the arresting agency/agencies. LEAVE THE REST OF THE ORDER BLANK.
4. File the original Petition, Notice, and Order with the Circuit Clerk’s Office. If filing a Petition to Expunge under Category 1, there is a $260.00 filing fee if
Box A is checked. If Box B, C, D, or E is checked, the filing fee is $60.00. If filing a Petiton to Expunge under Category 2, the filing fee is $60.00. Both Category
1 and 2 petitions require $6.00 for each certified copy. (He/she will need at least 3 copies). Additionally, there is a separate $60.00 fee made payable to the
Department of the Illinois State Police. This must be either money order or cashier’s check. NO PERSONAL CHECKS ACCEPTED. The Illinois State Police will
not expunge a record without this fee. If under 18 years of age, he/she must bring a parent or legal guardian. The parent or legal guardian must provide proof
that they are parent or guardian.
5. The Circuit Clerk’s Office will send notice of his/her petition to the Illinois State Police, the State’s Attorney, or prosecutor assiged to his/her case and the
arresting agency. They have 45 days to object to the petition. After the petition is filed, he/she needs to notify the Circuit Clerk if they move or change
mailing address by filling out a change of address form. Obtain the form from the Circuit Clerk’s Office.
6. After 45 days, contact the Circuit Clerk’s Office to determine the status of the petition. Unless the State’s Attorney or prosecutor, the Illinois State Police or
the arresting agency object to the petition within 45 days, the Court may grant the petition and expunge his/her record.
If there is an objection to his/her petition, the Circuit Clerk’s will schedule a hearing. If a hearing is scheduled, he/she is required to attend. If there is no
objection, there will not be a hearing and the Court may grant the petition.
7. Should his/her petition be granted, the money order or cashier’s check to the Illinois State Police will be forwarded to the Illinois State Police by the Circuit Clerk’s Office along with a certified copy of the order. Several weeks later, the Illinois State Police will send him/her and the Circuit Clerk’s Office a letter
confirming the expungement. Should the petition be denied, the order and the money order or cashiers check for the Illinois State Police will be returned by
mail.
Flow Charts
Most local jurisdictions operate independently of one another. This document provides a general overview of juvenile justice system processes across
jurisdictions. The flow charts on the following pages provide a general overview of how youth may move through the Lake County juvenile justice system.
juvenile justice court - Expungement Process
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