Juvenile Juvenile ExpungementExpungement

An OverviewAn Overview

Why expungement for Why expungement for juveniles?juveniles?

Are records confidential? Who can see Are records confidential? Who can see them?them? Law enforcement, prosecutors, judges, court Law enforcement, prosecutors, judges, court

staff, probation officers, persons doing bona staff, probation officers, persons doing bona fide research, military personnel, school fide research, military personnel, school officials, mental health professionals, victims officials, mental health professionals, victims and their attorneys, and sometimes members and their attorneys, and sometimes members of the public. See of the public. See §§1-7 and 5-901 of JCA.1-7 and 5-901 of JCA.

A word about terminologyA word about terminology

Juvenile Court Act is not penalJuvenile Court Act is not penal Juveniles are charged with delinquent Juveniles are charged with delinquent

acts, not crimesacts, not crimes Finding of delinquency, not Finding of delinquency, not

convictionconviction Given dispositions, not sentencesGiven dispositions, not sentences Charged by petition, not indictmentCharged by petition, not indictment Adjudicated wards of the courtAdjudicated wards of the court

Two types of expungementTwo types of expungement

Juvenile expungement falls under Juvenile expungement falls under two different groupstwo different groups

Group 1 – expungement can be Group 1 – expungement can be sought on juvenile reaching age 17 sought on juvenile reaching age 17 or end of case, whichever is lateror end of case, whichever is later

Group 2 – expungement sought after Group 2 – expungement sought after juvenile reaches age 21 or 5 years juvenile reaches age 21 or 5 years after end of case, whichever is laterafter end of case, whichever is later

What can never be expunged?What can never be expunged?

Findings of Findings of delinquency for:delinquency for:

First Degree MurderFirst Degree Murder

Felony Sex OffensesFelony Sex Offenses

Certain Traffic OffensesCertain Traffic Offenses

Group # 1 ExpungementGroup # 1 Expungement

When:When:

Upon reaching age 17; orUpon reaching age 17; or

End of Court case; or end of sentence, End of Court case; or end of sentence, whichever is later.whichever is later.

What:What: Arrests with no Court actionArrests with no Court action Charges with findings of no delinquencyCharges with findings of no delinquency Successfully completed sentence of Successfully completed sentence of

SupervisionSupervision Findings of delinquency on Class B or Class Findings of delinquency on Class B or Class

C misdemeanors or Petty OffensesC misdemeanors or Petty Offenses Findings of delinquency vacated by JudgeFindings of delinquency vacated by Judge Charges dismissed by State’s AttorneyCharges dismissed by State’s Attorney

What Can Be Expunged: What Can Be Expunged: Group # 1Group # 1

Examples of Class B and Examples of Class B and Class C MisdemeanorsClass C Misdemeanors

AssaultAssault Disorderly ConductDisorderly Conduct Possession of Possession of

marijuana (less than marijuana (less than 2.5 grams)2.5 grams)

Tampering with a fire Tampering with a fire hydranthydrant

Trespass to PropertyTrespass to Property

Possession of Possession of look-a-like substancelook-a-like substance

Mob ActionMob Action False Police ReportFalse Police Report Turnstile JumpingTurnstile Jumping Handing out invitations Handing out invitations

to “Raves” on school to “Raves” on school groundsgrounds

What:What: Found delinquent of Class A misdemeanor or Found delinquent of Class A misdemeanor or

any felony (other than Murder or Felony Sex any felony (other than Murder or Felony Sex Offense or DUI)Offense or DUI)

When:When: At age 21 or 5 years after end of Juvenile At age 21 or 5 years after end of Juvenile

Court case or sentence, whichever is laterCourt case or sentence, whichever is later

Condition:Condition: No conviction for ANY crime since 17No conviction for ANY crime since 17thth

birthdaybirthday

What Can Be Expunged: What Can Be Expunged: Group # 2Group # 2

Sample notice of petitionSample notice of petition

Sample petition #1Sample petition #1

Sample petition #2Sample petition #2

Sample orderSample order

1) Gather Information1) Gather Information Name, address and date of birth used for each arrestName, address and date of birth used for each arrest Must give all names and birth dates used Must give all names and birth dates used Try to list all arrests and chargesTry to list all arrests and charges Go to: Go to:

Chicago Police Department, Chicago Police Department, Youth Investigations, Youth Investigations, 3510 South 3510 South Michigan AvenueMichigan Avenue

to get history of arrest(s) ($16.00) to get history of arrest(s) ($16.00) Go to any other arresting agency to get history of arrest(s)Go to any other arresting agency to get history of arrest(s) Must provide photo ID at the police stationMust provide photo ID at the police station

ProcedureProcedure

ProcedureProcedure2) Prepare Papers2) Prepare Papers

Contact Juvenile Court Presiding Judges’ Contact Juvenile Court Presiding Judges’ Office (Call 312-433-6935)Office (Call 312-433-6935)

The Staff there will attempt to help gather The Staff there will attempt to help gather missing information about Cook County Court missing information about Cook County Court casescases

To get forms, contact the Circuit Court Clerk’s To get forms, contact the Circuit Court Clerk’s office at 312-433-4941office at 312-433-4941

ProcedureProcedure

2) Prepare Papers 2) Prepare Papers continuedcontinued:: If unable to pay Clerk’s fee ($64.00) See If unable to pay Clerk’s fee ($64.00) See

Fee Waiver Request FormFee Waiver Request Form

Fill out Petition for each arrest/caseFill out Petition for each arrest/case

Fill out Notice to State’s Attorney and Fill out Notice to State’s Attorney and Police Department and Presiding JudgePolice Department and Presiding Judge

ProcedureProcedure3) File Papers/ Get Court Date3) File Papers/ Get Court Date

File original Notice and Petition in File original Notice and Petition in Circuit Court Clerk’s Office. Circuit Court Clerk’s Office.

The Clerk of the Circuit Court will The Clerk of the Circuit Court will deliver copies of your Notice and deliver copies of your Notice and Petition to the State’s Attorney’s Office, Petition to the State’s Attorney’s Office, the Illinois State Police, and to the the Illinois State Police, and to the arresting police agency/agencies arresting police agency/agencies related to your case. related to your case.

ProcedureProcedure3) File Papers/ Get Court Date 3) File Papers/ Get Court Date continuedcontinued::

The State’s Attorney, Prosecutor, Department of The State’s Attorney, Prosecutor, Department of the State Police, or the arresting agency has the State Police, or the arresting agency has 45 45 daysdays to file an objection to your Petition; to file an objection to your Petition; otherwise the judge is allowed to grant your otherwise the judge is allowed to grant your Petition.Petition.

Keep the Court informed of your most current Keep the Court informed of your most current address.address.

To do so, fill out the “Change of Address To do so, fill out the “Change of Address Affidavit”, have it notarized, and send it to:Affidavit”, have it notarized, and send it to:

Change of Address, Juvenile Justice DivisionChange of Address, Juvenile Justice Division

Clerk Of the Circuit Court of Cook CountyClerk Of the Circuit Court of Cook County

1100 South Hamilton Ave., Rm. 131100 South Hamilton Ave., Rm. 13

Chicago, Illinois 60612Chicago, Illinois 60612

ProcedureProcedure4) Follow Up4) Follow Up

Attend Hearing at Juvenile Court (Calendar Attend Hearing at Juvenile Court (Calendar 50, Courtroom # 1)50, Courtroom # 1)

Expungement petitions are heard at 10:00 Expungement petitions are heard at 10:00 a.m. before the Honorable Judge of the a.m. before the Honorable Judge of the Juvenile Justice Division, Circuit Court of Juvenile Justice Division, Circuit Court of Cook County. Cook County.

After expungement is granted the Clerk’s After expungement is granted the Clerk’s Office will deliver Certified Copies of Office will deliver Certified Copies of Expungement Order to Arresting Police Expungement Order to Arresting Police Department(s) and Illinois State PoliceDepartment(s) and Illinois State Police

ProcedureProcedure4) Follow Up 4) Follow Up continuedcontinued::

Wait for written confirmation from Arresting Wait for written confirmation from Arresting Police Department(s) - (approx. 30 days) Police Department(s) - (approx. 30 days)

Chicago Police Department will Chicago Police Department will mailmail you all you all reportsreports

Wait for letter confirming expungement from Wait for letter confirming expungement from Illinois State Police (approx. 30 – 45 days)Illinois State Police (approx. 30 – 45 days)

Illinois State Police Illinois State Police shredsshreds fingerprint fingerprint reportsreports

CostsCosts Clerk’s Office feesClerk’s Office fees

*$64.00 filing (includes one certified copy)*$64.00 filing (includes one certified copy)

*$4.00 for each additional certified copy*$4.00 for each additional certified copy

No Personal ChecksNo Personal Checks

Upon request to Judge, fee may be waivedUpon request to Judge, fee may be waived

Illinois State Police feesIllinois State Police fees*$60.00 Expungement Processing Fee*$60.00 Expungement Processing Fee*Cashier’s check or money order*Cashier’s check or money order

Upon request to Judge, fee may be waivedUpon request to Judge, fee may be waived Total cost $124.00 per case must be paid at time of Total cost $124.00 per case must be paid at time of

filingfiling

RemindersReminders If more than one name and/or date of birth If more than one name and/or date of birth

used, you must submit allused, you must submit all

Arrests are most likely to show up on Arrests are most likely to show up on background checkbackground check

Even if you had no Court Case, you may still Even if you had no Court Case, you may still expunge arrest(s)expunge arrest(s)

Your address used on Petition and Notice Your address used on Petition and Notice will be address to which confirmation of will be address to which confirmation of Expungement is sent by PoliceExpungement is sent by Police