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Archive for the ‘juvenile records’ tag

What is the Process for Expunging a Juvenile Record in Illinois?

April 11th, 2018 at 6:49 am

expungement, juvenile crimes, juvenile detention centers, juvenile records, Rolling Meadows criminal defense attorneyChildhood should be a time of growth and learning. Unfortunately for some children, their childhood is spent in and out of courthouses and juvenile detention centers. The premise behind rehabilitating those who commit crimes is to give them a second chance in life. With this thought in mind, who deserves a second shot more than a child?

A juvenile is someone who is under the age of 18. Each time a person is arrested, a record is created and consists of a police report, computer database reports, or any other court document that is created in connection with the arrest or charge. All law enforcement and court records with cases involving juveniles are sealed.

A sealed record means that most people are not able to view the records, as they may be able to with adult records. Even though the records are sealed, there are various instances where potential employers could see the records. However, one way to avoid sealed records being seen is through a process called expungement.

What is Expungement?

An expungement is a court-ordered process through which a record is essentially erased in the eyes of the law. After a record is expunged, a person will usually not have to disclose an arrest or convictions on a job application, or other situations in which criminal records are disclosed or a background check is run.

Certain juvenile records are automatically expunged. First, arrests that did not result in conviction are automatically expunged after one year. However, there cannot be any other arrests or charges within the six months before the expungement occurs. Additionally, arrests and court records are expunged when they result in a dismissal, finding of no delinquency, supervision that is terminated successfully, guilty verdicts of Class B or C misdemeanors, petty business offenses, and guilty verdicts for Class A misdemeanors or non-violent felonies.

In the case of the Class A misdemeanors or non-violent felonies, the expungement will happen two years after the case is closed. Additionally, there must be no other pending cases or guilty findings.

Automatic expungements do not occur for every juvenile crime. In the event that there is no automatic expungement, there are paths to trying to get expungement. You must file a petition with the court and attend a hearing in front of an appointed judge. Law enforcement or the state’s attorney has 45 days to object to the expungement. The hearing takes place after the 45-day period.

Contact Us Today for Legal Assistance Today

If you have a child with a juvenile record, or you have a prior juvenile record that needs expunged, The Law Offices of Christopher M. Cosley can help. Talented Rolling Meadows criminal defense attorney Christopher Cosley has a proven track record representing juvenile clients. Let us help you throughout each step of your case.

Source:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=070504050K5-915

The Basics about Criminal Record Expungement in Illinois

October 19th, 2015 at 7:13 am

Illinois criminal statutes, Illinois defense attorney, Illinois criminal lawyer,A person’s criminal record is available to and viewable by the public and many people who have a criminal record in their history find that the existence of that criminal record causes a lot of problems. A criminal record might prevent someone from getting a job opportunity, or a scholarship. It can even cause a person problems if they are trying to get into professional school. For those individuals with a criminal record, there is the possibility that your criminal record can be expunged.

What Is Expungement?

Expungement is a legal process for which eligible candidates can petition the court of their sentencing county, and, if successful, an expungement effectively erases past crimes, court supervisions, and certain probations from the individual’s criminal record. This means that your criminal record is cleared of any evidence of those particular convictions, supervisions, or probations. To think of this another way, expunged records are destroyed.

You can go through the expungement petitions process with or without an attorney, but many people find determining their eligibility to be difficult and the petition process to be taxing and complex. An experienced expungement attorney can help you quickly and effectively navigate the expungement process.

Eligibility

Under Section 5.2 of the Criminal Identification Act, 20 ILCS 2630/5.2, certain qualifying arrests, supervisions, and probations made in Illinois may be expunged. The only individuals who are eligible for expungement are those who have never been convicted of a felony criminal offense, a misdemeanor criminal offense, or a violation of a municipal ordinance – with an exception for some honorably discharged veterans who have been convicted of certain Class 3 and Class 4 felonies.

There may be a time limit that must pass before you can seek to have your record expunged. Typically, the wait is five years, but some court supervisions can be expunged from your record after just two years. Some juvenile records may also be eligible for expungement as well, but they are handled differently than adult criminal records.

All or Nothing

If you have multiple convictions in your criminal record, or only some of your past offenses are eligible for expungement, but not others, you may find yourself in a tough spot. Expungement is an “all or nothing” game – either your whole record is expunged in one shot, or none of it gets expunged at all.

After Expungement

If you have your criminal record expunged, as a general rule you are under no obligation to ever tell anyone about the expunged convictions, supervisions, or probations. However, there is a limited exception when it comes to apply to certain types of jobs, which requires the disclosure of any and all criminal history – including expunged records.

Upon a successful conclusion to your expungement proceedings, the court will destroy the records relating to your expunged record, and will remove your information from any and all indexes and public records. You will be provided the only copy of your record, which you should hold onto in a safe place.

Call the Law Offices of Christopher M. Cosley

If you believe that your criminal record is eligible for expungement, please do not hesitate to contact a dedicated Rolling Meadows defense attorney immediately. Call the Law Offices of Christopher M. Cosley at (847) 394-3200 to discuss your case.

 

Source:
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=350&ChapterID=5

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