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Archive for the ‘criminal records’ tag

Can Juvenile Records Be Expunged in Illinois?

December 19th, 2018 at 2:19 pm

IL juvenile defense lawyerA 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.

When Can Juvenile Records Be Expunged?

Almost any case that was tried in juvenile court can be expunged, with two exceptions. Those exceptions are when the crime involved first-degree murder or was a felony sex offense. The instances in which a juvenile record may be expunged include:

  • When the minor was arrested but not charged with committing a crime;
  • The minor was found not guilty of a crime, and a petition of delinquency was not filed;
  • A minor was charged, but those charges were later dismissed;
  • The minor adequately completed supervision; or
  • The minor was found guilty of a Class B or Class C misdemeanor.

Minors found guilty of a crime may still have their record expunged in certain cases. There are, however, certain crimes that are considered to be disqualifying. When one of those disqualifying crimes has been committed, the record may not be expunged. Aggravated battery, robbery, and aggravated unlawful use of a weapon are a few examples of crimes that could disqualify a record from being expunged.

Juvenile Records that Cannot Be Expunged

The Office of the State Appellate Defender outlines when juvenile criminal records may not be expunged. The first is when a juvenile case began in juvenile court, but was moved to adult court.

Certain offenses are also not eligible to be expunged from juvenile records. These include driving under the influence, first-degree murder, and any sex offenses that would be considered felonies if an adult committed them.

How to Apply for an Expungement

In order to obtain an expungement, a petition needs to be filed with the Clerk of the Circuit Court of Cook County. This is particularly necessary when a record is not eligible for automatic expungement.

Anyone that wishes to have a criminal record expunged for themselves or their child should speak to a juvenile crime lawyer in Rolling Meadows. The Office of the State Appellate Defender states it is not necessary to use an attorney to get an expungement, however, having a lawyer can be of great help. An attorney can advise on whether or not an expungement is possible. They can also ensure that paperwork is filed correctly so that the expungement is obtained as soon as possible.

Contact a Rolling Meadows Juvenile Crime Lawyer Today

If you or your child has a juvenile criminal record you would like to get expunged, contact a passionate Rolling Meadows juvenile defense attorney at our office today at 847-394-3200. One mistake should not follow you around for the rest of your life, and there are steps that can be taken to ensure it does not. Call us today to schedule your free consultation so we can start reviewing your case as soon as possible.

 

Source:

https://www2.illinois.gov/osad/Expungement/Documents/Juvenile%20Exp%20Guide/JuvenileExpungementGuide.pdf

Accessing Police Records in Cook County

August 10th, 2018 at 7:16 am

police records, Rolling Meadows criminal defense attorney, criminal records, Illinois criminal system, current criminal chargesThere are a number of reasons why a person might want access to his or her police records. He or she may want to make sure any criminal charges are accurately depicted, or he or she may want to make sure that a certain charge or conviction is no longer listed on his or her record. Whatever the reason, in Cook County a person has the ability to access his or her police reports.

The Uniform Conviction Information Act passed in 1991 requires that a person’s criminal record and conviction information must be made public. This act was passed in an attempt at full transparency and to give those that needed this information the avenue and opportunity to seek the information that they required. An individual’s criminal record will contain arrests, convictions, and other data about contact that the person has had with the Illinois criminal system.

Reasons to Access a Criminal Record

As mentioned above, there are several reasons why a person would want or need to access his or her criminal record. The following are the more common reasons:

  • Expungement – If a person is trying to have something on his or her criminal record expunged, then he or she will likely need to look at the record to see exactly what crime should be expunged and the way in which is it presented on record. Not every crime can be expunged, so a person must examine his or her record thoroughly to determine how to go about receiving an expungement.
  • Pending Litigation – For a defendant who is facing charges, obtaining a copy of his or her criminal record could be helpful in building a defense to the current charges.
  • Checking for Accuracies – A person might want to check his or her record just to make sure that his or her criminal history is correct. Potential employers or landlords often run criminal background checks on prospective employees or renters. Therefore, it is important to know what exactly it is he or she will be seeing upon request of the record.

Who Can Receive the Record?

It is not just an individual who has permission to obtain his or her own record. There are many parties who might have an interest and include the following:

  • Victim – The victim of a crime has the right to view and obtain a copy of a person’s criminal record. Usually, a victim is presented with copies of the report after the charge is filed.
  • Defendant – The person of whom the record is for can request a copy of his or her own record.
  • Third Parties – Employers, landlords, or members of the community are able to obtain a copy of public record. The Freedom of Information Act gives anyone the right to view or obtain copies of documents that are a matter of public record.

We Can Help You Today

If you have questions about your criminal record, contact a dedicated Rolling Meadows defense attorney at The Law Offices of Christopher M. Cosley. We can answer any questions you might have and inform you of any options you have regarding you record.

Source:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=351&ChapterID=5

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