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Archive for the ‘sealed 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

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