Expunging a Juvenile Record in Illinois
Whenever an individual is charged or arrested, the arrest records are made and kept by the Illinois State police or the arresting law enforcement agency. If this arrest involves a juvenile, the record includes (1) all arrests prior to the juvenile turning 17; (2) arrests for misdemeanors prior to turning 18 if they occurred between 2010 and 2013; and (3) beginning in 2014, all arrests that occurred prior to the juvenile turning 18. All arrests appear on a juvenile record even if there was never a charge; the case was dismissed; the juvenile was acquitted, found not delinquent or found not guilty; the juvenile was sentenced to probation or supervision; or the juvenile was convicted, found guilty or delinquent and the decision was reversed.
Likewise, a juvenile court record will exist if the individual is charged with a crime in juvenile court. These records include cases in juvenile court only and do not include those tried in adult criminal court even if the juvenile was under 18.Juvenile Cases That May Be Expunged
Not all offenses can be expunged from your record. If any of these situations apply to you, you might be eligible for to expunge your entire record:
- You were arrested, but a petition for delinquency was not filed.
- You were found by a judge to be not delinquent.
- You received an order of supervision and successfully finished your supervision.
- You were found delinquent for an offenses which would be a Class B or C misdemeanor, a petty offense, or a business offence if committed by an adult.
- Any other incident occurring before your 18th birthday, except for the incidents specified below.
Some types of cases cannot be expunged from your record. These include:
- A proceeding which may have started, but did not proceed, in juvenile court. If you were prosecuted as an adult instead, you may be able to expunge or seal your record.
- Driving under the influence.
- First degree murder.
- Sex offenses that would be considered felonies if committed by an adult.
It is important to understand that while adult criminal records that cannot be expunged may be sealed, juvenile records cannot be sealed because they are already private. Moreover, specific timelines must be followed when petitioning the court for the expungement and a court may object to the grounds presented. For this reason, contacting a qualified Chicago juvenile expungement attorney is vital to understanding your options under the law. Contact the law office of Steven Goldman at (773) 484-3131 today for your free, initial case evaluation.