Presented to The Chicago Community Trust Wednesday, November 30, 2016 at 12:00 PM

Juvenile Expungement Informational Meeting

Thank you for joining us!

Why are we here today?Smart Chicago has been involved with juvenile expungement since 2013 through the #CivicSummer program.

Expunge.io is a website created to determine whether or not individuals are eligible for expungement and then connect them to free legal aid.

As with most tech projects, tech cannot be the only solution and we have to rely on networks of people and organizations to make impact.

Agenda

Introductions Sonja Marziano

Mikva Challenge JJC & youth involvement Emma Kornfeld & Charlie Beltran

What is the juvenile expungement process? Regina Hernandez & Kathryn Huber

Q&A

Discussion

Cook County Juvenile Justice CouncilEmma Kornfeld, Mikva Challenge

Charlie Beltran, Mikva JJC alumni

Summer 2013What tools, policies and practices do youth need to effectively transition from corrections to community?

EDUCATION

EMPLOYMENT

HOUSING

Juvenile Expungement Presentation

JUVENILE EXPUNGEMENT

LAW Regina J. Hernandez & Kathryn Huber, LAF

Attorneys

Context & Background ■  There is overbroad access to juvenile

records, and the unlawful sharing of juvenile records is common practice in Illinois

■  The practice of unlawful sharing creates additional barriers to employment, housing and education

■  No statutory penalties for unlawful sharing or legal remedies

■  For every 1,000 juvenile arrests in Illinois, only 3 are expunged

■  Restrictive eligibility requirements and fees create additional barriers

■  The statutorily required duty to inform individuals of right to expungement is often neglected

Common Misconceptions

■  “I don’t have a record because I was not found guilty”

■  “I thought juvenile records were automatically expunged when I turn 18”

■  “Juvenile records are sealed and no one can see them”

■  “Serious offenses can’t be expunged”

■  “I can’t afford to pay any court fees or to hire an attorney, so I can’t get my records expunged”

■  “I was arrested when I was 17, so it has to be on my juvenile record”

Did You Know...? ■  A juvenile record can show up on a

background check – even arrests that didn’t result in a court case

■  Some professions might not allow you to get a license or sit for the state exam if you have an offense on your record

■  A LOT of people have a juvenile record (in Chicago, nearly 50% of young people have been arrested before they turn 23!)

■  Many employers don’t know the law on juvenile records, and might refuse to hire you, even if you’re a perfect fit for the job, if an offense shows up on a background check

■  A juvenile record doesn’t automatically go away, even when you turn 18

A Juvenile Record Includes…

■  All arrests under 17 ■  All arrests under 18 (Since January 1,

2014) ■  Arrests for misdemeanors under age 18

(January 2010-December 2013) ■  ALL others considered ADULT records

NOT Juvenile Arrests: ■  Traffic violations ■  Ordinance violations (unless a petty

offense)

Who Can See Juvenile Records?

■  Juvenile records are automatically “sealed”… BUT there is no clear definition of sealed in the Juvenile Court Act

■  There are many exceptions, including: –  Schools –  The park district –  The public (limited offenses) –  Plus other employers as stipulated by law

■  Once something has been expunged, there are still entities that will always be able to see you record

–  Military employers –  Law enforcement employers –  Immigration officials

Juvenile Expungement Eligibility

!  §915(1): age 18, no pending cases, petty offenses, misdemeanors (B or C) !  *NOTE: On January 1, 2017, there will no longer

be a waiting period for this type of petition (HB 5017)

!  §915(2): age 21, 5 year waiting period, no adult convictions, qualifying felony or misdemeanor A offenses

!  §622: age 18, misdemeanor offense !  Never Eligible: Findings of Guilt for First-degree

Murder and Felony Sex Offenses !  Please note: sex offender registry, gang

affiliations

Adult Records !  An adult record CAN affect the eligibility to expunge certain types of

juvenile records (called “Subsection 2” arrests/charges) !  It is important to look into adult records as well as juvenile records,

and to expunge any adult records that you can !  To expunge an adult record:

!  Cannot have any current pending cases !  Cannot have a single conviction on your adult record, which

includes: !  Probation !  Conditional Discharge !  Jail or prison time !  Time considered Served !  Fines or Ex-Parte Judgments

!  ANY conviction in ANY jurisdiction on an adult record makes that person ineligible for adult expungements

!  Please note: Supervision completed satisfactorily is NOT considered a conviction, but is subject to a 2-5 year waiting period depending on the offense

Juvenile Expungement Eligibility:

*IneligibilityunderSubsec2on2doesNOTaffecteligibilityforSubsec2on1Pe22ons

JuvenileExpungementHelpDesk1100S.Hamilton,GroundFloor

Chicago,IL60612

Hours:M-F,9am-4pm;hourssubjecttochangebasedonstaffingavailability.ForupdatedhoursandaddiJonalinformaJon

aboutexpungement,pleasecall312.229.6359orvisitusathOps://www.facebook.com/

JuvenileExpungementHelpDesk/.Walk-insonly.

The Juvenile Expungement Process

100-Day Timeline

Day 1: Client Intake

Days 2-30: Administrative

Tasks Day 30: Hearing

Days 31-99: Client Follow-

Up & Case Closings

Day 100: Confirmation of Expungements

from Police Departments

FAQs: ■  Can a minor who has been referred to a diversion program for a felony

arrest expunge their record before the age of 18; after proceedings have ended?

–  So long as any diversion program is completed satisfactorily, and so long as all proceedings have been terminated, the arrest is eligible for expungement at age 18 (or younger starting Jan. 1, 2017). If NOT completed satisfactorily, it may still be eligible for a Subsection 2 expungement, so long as other factors are met, including the requisite waiting period.

■  Can someone who has been placed on supervision for a felony offense have their record expunged or sealed once proceedings have closed/applicable waiting period has ended?

–  Yes, supervision is not a conviction if completed satisfactorily. ■  Can a minor who is placed on probation for a non-violent felony offense

expunge their record at the age of 18 once proceedings are closed? –  No, subject to subsection 2 waiting period; must be 21 and 5 years

must have passed from when proceedings terminated; probation = adjudication

■  Once a minor reaches the age of majority can employers and landlords have access to their juvenile record, i.e. arrests?

–  Juvenile records are always confidential; HOWEVER, there are several exceptions to this that are within the public interest; private entities generally should not be able to access these records, but unlawful sharing of this information is still prevalent. Adult records are ALWAYS public until expunged or sealed.

FAQs (Continued): ■  Which arrests qualify for automatic expungement and who completes this

process? –  ISP conducts an annual review and expunges those records that have

become eligible in the past year. –  This “automatic expungement” provision only applies to the limited

number of juvenile arrests that were both reported by the arresting agency to ISP and did not result in court proceedings.

–  If done correctly, this will only eliminate ISP records, not local authority records, and nothing requires ISP to notify individual

■  Does undocumented status affect your ability to expunge your juvenile record?

–  Technically it does not affect your ability, but you should ALWAYS speak to an immigration attorney prior to seeking expungement; USCIS can see your record even after expungement and require you to disclose

■  What is the length of time it takes to expunge a record? –  Approx. 100 days, depending on any complications

How Can You Help? Host a Clinic!

•  Two of the significant barriers to young people expunging their juvenile records are access and time – LAF works to make the process more accessible for all Cook County residents by organizing on-site clinics.

•  At a clinic, young people can meet with a volunteer attorney and complete expungement paperwork at a school, agency, or community setting they are already familiar with in their neighborhood.

•  Once the paperwork is complete, LAF attorneys file the petitions on

clients’ behalf and attend court hearings for them, so they don’t need to make a second trip or come to court.

•  After a hearing, clients receive a copy of their court order in the mail.

How it Works Typically, a clinic is a two-part process: Part 1: Info Session and Informed Consent

•  LAF attorneys will come out to the site and give a presentation on expungement services, why expungement is an important step for a young person’s future, and how the process works.

•  For clients interested in pursuing expungement, attorneys will obtain their written consent to get their RAP sheet, which is the document attorneys will need to file expungement petitions. For Chicago cases, we can obtain the RAP sheet without the client being present. For cases outside of Chicago, we will make arrangements with the client to obtain a fingerprint-based background check.

Part 2: On-site Clinic

•  A few weeks later, LAF attorneys and volunteers will come out to the site, meet with individual clients, review their eligibility and paperwork with them, and obtain their signatures on court documents.

•  Once all paperwork is complete, staff will file petitions on clients’ behalf, and in most cases, can represent them at their expungement hearing so they don’t need to come to court. After the hearing, we’ll mail clients certified copies of their orders… It’s that easy!

Logistics If this sounds like a good opportunity for a population you work with, these are the things LAF will need from you for a successful clinic: Space: preferably a private space for attorneys to confer and be trained prior to the event, a waiting area for clients, and a larger space that can be partitioned or a series of smaller spaces, such as classrooms or offices, where attorneys can meet with clients. The space would need to be available for the clinic itself as well as one or more info sessions. Clients: Prior to each clinic, we will need your help to publicize the event, obtain signed consent forms, recruit participants, etc. Clients are typically young adults age 17-30, but clients of any age can participate and may be eligible for juvenile expungement. Clients do not have to have been formally adjudicated and gone to court – even a minor arrest can show up on a background check, even if the person was never charged or brought to court. Time: Each clinic lasts approximately four hours. Other: Resources to help the event run smoothly – pens, access to a copier or scanner, staff to help direct participants, internet access, etc.

Interested? (Or know an Group who Might Be?)

Contact Regina (rhernandez@lafchicago.org) or Kathryn (khuber@lafchicago.org) for more information! • Clinic structures are flexible, and we are happy to work with any agency to tailor a program that best meets the needs of their clients. • We can work with groups of any size, come to a variety of locations, schedule evening or weekend events, and otherwise modify structure and programming in a way that makes sense for the agency, client population, location, setup, or other factors. • We know that there is significant need in the community – (a recent Chicago Tribune investigation revealed that less than 1% of juvenile arrests in Cook County are ever expunged), so we want to bring this much needed resource to those individuals who need it most. • If you’re interested or know a group who might be, get in touch with us! We’d love to work with you toward this important goal.

How to get help… ■  Additional Resources:

–  JEHD Facebook –  Expunge.io –  Office of State

Appellate Defender –  Illinois Juvenile

Justice Commission Report

"  Juvenile Expungement Help Desk M-F, 9am-4pm (hours subject to change based on staffing availability)

"  For additional information and questions, please call 312.229.6359

"  CGLA Adult Expungement Help Desk (Chicago) Daley Center, 10th Fl. M-W, 9am-12pm Th., 9am-12pm & 1pm-4pm MUST BRING OWN RAP SHEET

"  CGLA Adult Expungement Help Desk (Markham) 16501 S. Kedzie Parkway, Room 102J Wednesdays, 10am-2pm MUST BRING OWN RAP SHEET

Question & Answer

Discussion

We would like to take some time to identify people or groups in your networks that would benefit from understanding more about the juvenile expungement process or resources.

What barriers, if any, do you see in your communities to access justice resources or expungement assistance?

What do you see helping your communities overcome those barriers?

Who should we talk to? Tell us here! bit.ly/expungeinfo

Connect with us!

Smart Chicago CollaborativeSonja Marziano, Project Coordinator smarziano@cct.org

(PS: I’m in the Garage, just come on over!)

LAFKathryn Huber, Juvenile Expungement Staff Attorney khuber@lafchicago.orgRegina Hernandez, VISTA Attorney rhernandez@lafchicago.orgRich Cozzola, Director, Children & Families Practice rcozzola@lafchicago.org

Mikva ChallengeEmma Kornfeld, Senior Program Director emma@mikvachallenge.org

Thank you!