When children get into trouble with the law and face common charges such as retail theft, parents often do not know what will happen next, or what rights their child has. They have a lot of questions and, if your child has recently been charged with a crime, it is likely that you have asked them, as well. Below are some of the most commonly asked questions about the juvenile justice system in Illinois, and the answers to them.

What is the Age of a Juvenile?

In Illinois, anyone that is 17 years old or younger is considered a juvenile if they have been charged with a misdemeanor offense. This law was changed in January of 2010 to increase the age from 16 to 17. The age limit for juveniles is a topic the Illinois legislature continues to debate.

Regardless of how stellar a student’s high school transcript is, and no matter how well they scored on the SATs, if they have any type of juvenile conviction on their record, it will make it much more difficult for them to get into college. This is just one of the consequences of being convicted of a crime, even if that conviction came in the form of adjudication in the juvenile system.

So, if your child has been adjudicated, how will it affect their chances of getting into the school of their dreams? How can you help ensure they will not feel those consequences?

Criminal History Questions on College Applications

When your child has been arrested for an offense such as underage drinking, the situation can be terrifying. One of the most frightening aspects of this scenario for parents is learning that their child was questioned by police without an attorney, and without either parent being present. So, what does the law say in Illinois about questioning a minor? Are police officers required to ensure the parents or the child’s attorney is present?

What Is the Definition of a Minor?

Under the Juvenile Court Act of 1987, individuals 18 years old or younger are considered minors in Illinois. Even minors charged with a felony are still considered juveniles and are tried in juvenile court. However, if the court views the crime as especially heinous, a juvenile may be transferred and tried in adult court. This process typically only applies to violent offenses such as murder and rape.

The law on juvenile delinquents in Illinois is garnering international attention. Together, the Justice Lab and Juvenile Justice Initiative are meeting with individuals from Germany and Croatia that are involved in the juvenile justice system in their own countries. Among them are prosecutors, judges, and probation leaders. Their hope is to create better strategies to deal with juvenile delinquents in Illinois so the state can see reduced recidivism rates and help enable the state’s youth for a better tomorrow. One of the main factors they are considering is raising the age of juvenile delinquents in the state.

The Current Law

Currently, anyone that is 18 or younger and charged with a crime is considered a juvenile delinquent. Historically, anyone charged with a felony was charged in adult court, regardless of their age. That law was changed in 2014 so that those under the age of 18 and charged with a felony were also considered juvenile delinquents.

A criminal record can be devastating for a minor. It can prevent them from obtaining future employment, and could even result in them losing a scholarship or not getting accepted to a certain university or college. For this reason, it is very important that juveniles charged or convicted of a crime speak to a Rolling Meadows juvenile crime lawyer that can help them get their record expunged.

What Is an Expungement?

When a criminal record is expunged, it is removed from all public government files and destroyed. Any information related to the criminal record including fingerprints, reports of the arrest, photographs, and any other evidence will also be destroyed. Essentially, it provides the juvenile with a clean slate and after expungement, they will no longer have a criminal record.

Often the terms ‘expungement’ and ‘sealed records’ are used interchangeably. However, it is important that minors, and their parents, understand that these are two different terms that have different meanings. When a record is sealed, it is still available and can be seen by certain individuals. Expunging a record means it is as though the record never existed.