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JUVENILE RECORDS AND JUVENILE EXPUNGEMENT IN ILLINOIS Camille Taylor, LAF (Legal Assistance Foundation) October 8, 2014.

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Presentation on theme: "JUVENILE RECORDS AND JUVENILE EXPUNGEMENT IN ILLINOIS Camille Taylor, LAF (Legal Assistance Foundation) October 8, 2014."— Presentation transcript:

1 JUVENILE RECORDS AND JUVENILE EXPUNGEMENT IN ILLINOIS Camille Taylor, LAF (Legal Assistance Foundation) October 8, 2014

2 Agenda  Introduction  Definitions  Juvenile Records  Expungement  Impact of a Record  Expungement Eligibility  Expungement Process  LAF & CGLA’s Juvenile Expungement Help Desk  Questions

3 Common Misconceptions: Young people I talk to often think:  A person doesn’t have “a record” if they weren’t found guilty;  Juvenile records automatically disappear when a person turns 18;  No one can see juvenile records;  Serious offenses can’t be expunged; and  The process for expunging is expensive.

4 Q: What is a juvenile record? Juvenile arrests. Juvenile arrests are: All arrests under age 17 Arrests for misdemeanors up to age 18 (January 2010 – December 2013) All arrests up to age 18 (Since January 1, 2014) Juvenile arrests are not: Traffic violations Ordinance violations (unless petty offense)

5 Q: Who keeps juvenile arrest records? …that depends on what happens after the arrest. 1. Arresting law enforcement agency creates record; and 2. Maybe sends it to Illinois State Police. Illinois State Police Informal Station Adjustments - Misdemeanors (optional) Informal Station Adjustments - Felonies (mandatory) Formal Station Adjustments - Felonies (mandatory) Formal Station Adjustments - Misdemeanors (optional)

6 Q: What else is a juvenile record? Juvenile delinquency court cases and petty offenses. Where the case is heard determines what rules control expungement. Petty Offenses: curfew violations, etc. Not juvenile tried as adults Not traffic offenses heard in traffic court

7 Q: Who can see juvenile records? Juvenile records are automatically “sealed”… …but there is no definition of sealed in the Juvenile Court Act. -- There are also many exceptions, such as for: Schools; The park district; The public (for certain offenses); and Certain kinds of employers.

8 Q: How can a juvenile record affect a young person? 1.May be asked to disclose a juvenile record for:  College applications  Job applications 2.May show up on background checks for:  Certain kinds of jobs  Teaching  Nursing  Private security  Other jobs (unlawfully)  Certain Professional Licenses  Public/Subsidized Housing Applications  Immigration/Citizenship Applications 3.Police Harassment

9 Q: What is Expungement? Destruction of the police records; severely restricted access to court records (available only by motion before the court). After expungement, no one will see a juvenile history except:  Military Employers  Law Enforcement Employers  Immigration Officials

10 Juvenile Expungement Eligibility:  §915(1): age 18, no pending cases  Section 622 (705 ILCS 405/5-622  §915(2): age 21, 5 year waiting period, no adult convictions  §622: age 18, misdemeanor offense  Never Eligible: Findings of Guilt for First-degree Murder and Felony Sex Offenses  Please note: sex offender registry

11 Qualifying for § 915(1) Expungement: Arrests with no court case Dismissed juvenile court cases Supervision satisfactorily completed Guilty Findings for minor offenses: o Petty Offenses o Class C Misdemeanors o Class B Misdemeanors

12 Common § 915(1) Findings of Guilt: Assault Disorderly Conduct* Possession of Marijuana Trespass to Property Criminal trespass to Real Property Possession of Look-alike Substance Turnstile jumping False Police Report

13 Qualifying for § 915(2) Expungement: Findings of Guilt for: Class A Misdemeanors (Those offenses not qualifying under Section 622); and Felonies (Excluding First-degree Murder and Felony Sex Offenses).

14 Common Subsection 2 Findings of Guilt: Aggravated Assault Robbery Armed Robbery Theft Retail Theft Criminal trespass to state property (e.g. a school) Criminal damage to property Criminal trespass to vehicle Battery Unlawful Use of a Weapon

15 Help Determining Eligibility:

16 The Juvenile Exungement Process  Step #1: Get juvenile rap sheet (arrest record).  Step #2: File petition(s) for expungement.  Step #3: Show up on the court date.  Step #4: Check records.

17 Step #1: Get Juvenile Arrest Record  Need I.D. (school ID may be sufficient)  May be fingerprinted  Large police departments may issue juvenile rap sheets  Other law enforcement agencies may require a FOIA, may not give rap sheets  Minimum info: Arrest date(s) and arrest charge(s)  Contact Help Desk if police department says it will not give any information

18 Step #2: File Petition(s)  One per arrest/court case  Always in Juvenile Court  $64 Filing Fee due on day of filing (per petition)  Fees can be waived and make entire process free!

19 Help Completing the Paperwork 19  Illinois Legal Aid Online Illinois Legal Aid Online  Free Form Preparation Program Free Form Preparation Program  Office of the State Appellate Defender  State-wide Forms available for free:  Juvenile and adult Juvenile and adult  Fillable PDFs Fillable PDFs

20 Step #3: Attend Court Date  Please note that some counties may only schedule court dates if there is an objection to the petition filed.  Check your local court procedure with the Clerk’s office.  At the hearing, the Judge will consider the expungement petition(s) and hopefully grant the expungement!

21 Step #4: Check Records  Approximately 60 days from court date:  The petitioner will receive notification from the Illinois State Police confirming expungement.  Petitioner will not need to disclose their juvenile record following an expungement and employers are not legally permitted to consider expunged records.

22 Juvenile Expungement Help Desk (Cook County) Mondays and Tuesdays: 9:00am – 4:00pm Thursdays: 9:00 am – 12:00pm Cook County Juvenile Center 1100 S. Hamilton, Ground Floor, Chicago 312-229-6359

23 Thank You! Camille Taylor| VISTA Attorney LAF Chicago Children and Families Practice Group Phone: 312.229.6359 | Fax: 312.612.1517 120 South LaSalle Street, Ste. 900 | Chicago, IL 60603

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