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Juvenile Expungement Camille Taylor, LAF (Legal Assistance Foundation)

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Juvenile ExpungementCamille Taylor, LAF (Legal Assistance Foundation)

Introduction…Why expungement matters

80-90 percent of American teenagers acknowledge in confidential interviews that they have committed an illegal act.

If you have police patrolling your neighborhood or school you may be arrested for these acts. Black teens are arrested at five times the rate of white teens, and Latinos at two to three times the rate of white teens.

Juvenile arrest and court records are automatically “sealed” but there are a lot of exceptions, and it is becoming easier for non-excepted employers and housing agencies to uncover these records even years later.

Youth may petition for “expungement,” and if granted, their records are destroyed, and employers may not consider the records.

But in 2013, the Cook County Circuit Court Clerk’s Office had 5,994 juvenile cases on file, but individuals only sought to expunge 661 of those cases.

Agenda1. What is a juvenile record?

2. How might it effect you?

3. Are you eligible for expungement?

4. How can you expunge your records?

Q: Do I have a juvenile record?A: Yes, if you have ever been arrested as a juvenile

or gone to court as a juvenile.

ARRESTS

Juvenile arrests are:All arrests up to age 17 (past)All arrests up to age 18 (now)

Juvenile records are not:Traffic violation cases (including DUIs)Ordinance violation cases

COURT

Juvenile court cases are:Heard at Cook County Juvenile Court (1100 S. Hamilton)Include petty offenses (e.g. curfew violations)

Juvenile court cases are not:Juvenile tried as adultTraffic offenses

Q: Who keeps juvenile arrest records?

1. Arresting Agency (e.g. Chicago Police Dept.)

2. Illinois State Police

3. FBI (before 2010)

Q: How might my juvenile record affect me?

Juvenile records are confidential, but:You may be asked to disclose your juvenile record on college applications

Your juvenile record may show up on background checks for jobs such as:Working in schools (even for crossing guards!)Healthcare fields (e.g. nursing)Private securityOther professional licensesOther jobs (unlawfully)

Q: What is Expungement?

A: Erasure of your police and court record.

After expungement, no one will see

your juvenile record except:Military EmployersLaw Enforcement Employers Immigration

Q: Can I get my record expunged?

A: Usually YES.

Subsection 1: Age18; No pending cases. For arrests, supervisions, and adjudications for minor

offenses.

Subsection 2: Age 21; 5 years after offense; No adult convictions.

For adjudications for serious crimes.

Never Eligible: First-degree murder and Felony Sex Offenses.

Common Subsection 1 Offenses:

So these offenses can be expunged once you are 18.

Common Subsection 2 Offenses:

• Any “aggravated” offense or offenses involving a weapon

So these offenses can be expunged once 5 years have passed and you are 21.

Q: How do I get my record expunged?

Step #1: Get juvenile rap sheet (arrest record).

Step #2: Come to the help desk and file petition(s) for expungement.

[45 days]

Step #3: Show up on the court date.

[60 days]

Step #4: Check records.

Step #1: Get juvenile rap sheetChicago Police Department:

3510 S. MichiganAvailable same dayFree!Adult records cost $16

Need I.D.Will be fingerprintedMay need parent permission

slip

Step #2: File Petition(s)One per arrestAlways in Cook County Juvenile Court

• 1100 S. Hamilton, Ground Floor

$64 Filing Fee due on day of filing (per petition)Fees can be waived!

Step #3: Attend Court DateCan be attended by a family member

Always in Cook County Juvenile Court

1100 S. Hamilton, Usually Judge Brooks

Check in with Clerk’s office on day of hearing

Fee waiver hearing on this date

$60 Expungement Fee due on day

Fees can be waived!

Step #4: Check recordsApproximately 60 days from court date

Will get a postcard from the Illinois State Police confirming expungement

Will have the legal right to say no juvenile record

Employers cannot legally consider expunged records

Juvenile Expungement Help DeskMondays and Tuesdays: 9:00am – 4:00pm

Thursdays: 9:00 am – 12:00pm

Cook County Juvenile Center

1100 S. Hamilton, Ground Floor, Chicago

312-229-6359 ◦ [email protected]