Expunging a Juvenile Criminal Record in Illinois

 Posted on December 00, 0000 in Expungement

An expungement is the process of sealing criminal and arrest records to make them unavailable to the public. The Illinois legislature has enacted more forgiving laws concerning the expungement of one’s juvenile record as opposed to the expungement of one’s adult criminal record. In June 2014, Illinois governor Pat Quinn signed a law enabling adults to expunge a wider list of criminal activity and criminal charges that they incurred before they reached the age of 18. The purpose of the legislation is to prevent adults interested in living a law-abiding life from being haunted by the legal mistakes they made as juveniles.

Illinois Juvenile Record Expungement Law

Illinois law allows for expungement if the following circumstances are present:

• A juvenile was charged of a crime but not convicted;
• A juvenile committed a crime but was never formally charged;
• A juvenile committed a minor offense then successfully completed court-ordered supervision; or
• In some cases, a juvenile was convicted of a Class B or Class C misdemeanor or a petty or business offense.

In addition, mature adults age 21 or older may be eligible for expungement of more serious offenses committed prior to age 18 if they meet the following conditions:

• The adult has not been convicted on any crime since age 18; and
• At least five years have passed since termination of the juvenile proceeding or the end of the sentence for a juvenile violation, whichever is later.

Convictions for Driving Under the Influence (DUI), first degree murder or sex offenses that would be felonies if committed by an adult are not eligible for expungement. Even if a record is expunged, the record may still be accessible for employment purposes for certain law enforcement jobs, the military or certain private companies. In addition, if a person seeking an expungement is ever convicted of a criminal charge in the future, the judge may review the expunged criminal history and issue a harsher sentence.

A criminal record may prevent adults from finding a place to live or obtaining a credit license. Commonly, a criminal record may haunt adults by preventing them from obtaining not only employment that formally requires a background check but also other employment by employers who informally request criminal history. In addition, adults seeking higher education may be denied student aid or turned away from attending school.

Contact an Attorney for More Information on Expungement

Whether or not a criminal record is expunged, many individuals still have questions about how they are required to answer questions about their criminal history throughout their careers. In short, there are ways for many of our clients to put their criminal histories behind them. At Kathryn L. Harry & Associates, P.C., we can help you discover if your criminal record is eligible for expungement, and if so we can guide you through the process. Contact our dedicated DuPage County juvenile expungement attorneys today at (630) 472 – 9700 for a personalized consultation.