Changes to the Law Concerning How Juveniles Can Seek Expungements

February 13th, 2017 at 9:39 am

expungements, Rolling Meadows Criminal Defense LawyerOne of the most detrimental aspects of a juvenile getting in trouble with the law for committing a criminal offense is that the incident will create a law enforcement and juvenile court record for the minor. Parents and affected juveniles can try to obtain an expungement, which means that they obtain a court order that hides the criminal record from the view of the public. However, a few select entities, such as the government, may still have access to expunged records.

Expunging the record means that the criminal record would not appear in a background check conducted by most individuals, and the affected individual would not have to disclose his or her expunged criminal history.

New Changes to the Law Concerning How Juveniles Can Seek Expungements

The trouble with obtaining a criminal record expungement in the past for a juvenile in Illinois was that there were many restrictions on how and when a juvenile could seek an expungement. However, in 2017 there will be several changes made to Illinois’ criminal justice laws. One change that has particular relevance to minors is how juveniles can seek expungement of their criminal records.

The new law provides that a person who is under the age of 18 years old can petition the court at any time to have his or her criminal record and juvenile court record expunged, or once the juvenile court proceedings against them related to the offense have concluded. The old law limited seeking expungement to juveniles who were 17 years old or older. Eligibility for the ability to petition the juvenile court for expungement is available to:

  1. Juveniles who were arrested, but no petition for delinquency was filed with the clerk of court against them, i.e., if the charges were dropped against the juvenile;
  2. Juveniles who were charged with an offense and a petition for delinquency was filed with the clerk of court, but the petition(s) were dismissed by the court without a finding that the juvenile was delinquent; i.e., the judge dismissed the case against the juvenile;
  3. Juveniles who were arrested and charged, but were not found to be delinquent by the juvenile court, i.e., the juvenile was found not guilty; 
  4. Juveniles who are placed under supervision of the court, and the juvenile’s period of supervision has been successfully completed; and
  5. Juveniles who are adjudicated for a low-level offense, such as a Class B misdemeanor, Class C misdemeanor, or petty or business offense.

It is important to have an experienced criminal defense lawyer fighting the juvenile charges against you so that you will be able to have the charges dropped or dismissed. Once your defense is won, you can seek an expungement of your juvenile criminal record.

Juveniles With Criminal Records Need Help With Expungement

A criminal record may prevent you from getting a job or getting into school. If you want to do something about getting your record expunged, you should contact an experienced Rolling Meadows criminal defense lawyer for immediate assistance.

Source:

http://www.ilga.gov/legislation/BillStatus.asp?DocTypeID=HB&DocNum=5017&GAID=13&SessionID=88&LegID=94377

Written by Staff Writer

February 13th, 2017 at 9:39 am