JUVENILE RECORDS AND JUVENILE EXPUNGEMENT IN ILLINOIS Camille Taylor, LAF (Legal Assistance Foundation)
October 8, 2014
Agenda Introduction Definitions Juvenile Records Expungement
Impact of a Record Expungement Eligibility Expungement Process LAF & CGLA’s Juvenile Expungement Help Desk Questions
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.
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)
Q: Who keeps juvenile arrest records? …that depends on what happens after the arrest. 1. 2.
Arresting law enforcement agency creates record; and Maybe sends it to Illinois State Police. Informal Station Adjustments Felonies (mandatory)
Informal Station Adjustments Misdemeanors (optional)
Formal Station Adjustments Felonies (mandatory)
Illinois State Police
Formal Station Adjustments Misdemeanors (optional)
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
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.
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
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
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
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
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
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).
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
Help Determining Eligibility: Expunge.io
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.
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
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!
Help Completing the Paperwork 19
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
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!
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.
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
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
[email protected] www.lafchicago.org
