1. Juvenile Records and juvenile Expungement in Illinois
Camille Taylor, LAF (Legal Assistance Foundation)
October 8, 2014

2. Agenda Introduction Definitions Impact of a Record
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.
Arresting law enforcement agency creates record; and
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?
May be asked to disclose a juvenile record for:
College applications
Job applications
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
Police Harassment

9. Destruction of the police records;
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:
Petty Offenses
Class C Misdemeanors
Class B Misdemeanors

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

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
Criminal trespass to state property (e.g. a school)
Robbery
Criminal damage to property
Armed Robbery
Criminal trespass to vehicle
Theft
Battery
Retail Theft
Unlawful Use of a Weapon

15. Help Determining Eligibility: Expunge.io

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
Illinois Legal Aid Online
Free Form Preparation Program
Office of the State Appellate Defender
State-wide Forms available for free:
Juvenile and adult
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

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