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Juvenile Expungement

An Overview. Juvenile Expungement. Why expungement for juveniles?. Are records confidential? Who can see them?

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Juvenile Expungement

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  1. An Overview Juvenile Expungement

  2. Why expungement for juveniles? • Are records confidential? Who can see them? • Law enforcement, prosecutors, judges, court staff, probation officers, persons doing bona fide research, military personnel, school officials, mental health professionals, victims and their attorneys, and sometimes members of the public. See §§1-7 and 5-901 of JCA.

  3. A word about terminology • Juvenile Court Act is not penal • Juveniles are charged with delinquent acts, not crimes • Finding of delinquency, not conviction • Given dispositions, not sentences • Charged by petition, not indictment • Adjudicated wards of the court

  4. Two types of expungement • Juvenile expungement falls under two different groups • Group 1 – expungement can be sought on juvenile reaching age 17 or end of case, whichever is later • Group 2 – expungement sought after juvenile reaches age 21 or 5 years after end of case, whichever is later

  5. What can never be expunged? Findings of delinquency for: • First Degree Murder • Felony Sex Offenses • Certain Traffic Offenses

  6. Group # 1 Expungement When: • Upon reaching age 17; or • End of Court case; or end of sentence, whichever is later.

  7. What Can Be Expunged: Group # 1 What: • Arrests with no Court action • Charges with findings of no delinquency • Successfully completed sentence of Supervision • Findings of delinquency on Class B or Class C misdemeanors or Petty Offenses • Findings of delinquency vacated by Judge • Charges dismissed by State’s Attorney

  8. Assault Disorderly Conduct Possession of marijuana (less than 2.5 grams) Tampering with a fire hydrant Trespass to Property Possession of look-a-like substance Mob Action False Police Report Turnstile Jumping Handing out invitations to “Raves” on school grounds Examples of Class B and Class C Misdemeanors

  9. What Can Be Expunged: Group # 2 What: • Found delinquent of Class A misdemeanor or any felony (other than Murder or Felony Sex Offense or DUI) When: • At age 21 or 5 years after end of Juvenile Court case or sentence, whichever is later Condition: • No conviction for ANY crime since 17th birthday

  10. Sample notice of petition

  11. Sample petition #1

  12. Sample petition #2

  13. Sample order

  14. Procedure 1) Gather Information • Name, address and date of birth used for each arrest • Must give all names and birth dates used • Try to list all arrests and charges • Go to: Chicago Police Department, Youth Investigations, 3510 South Michigan Avenue to get history of arrest(s) ($16.00) • Go to any other arresting agency to get history of arrest(s) • Must provide photo ID at the police station

  15. Procedure 2) Prepare Papers • Contact Juvenile Court Presiding Judges’ Office (Call 312-433-6935) • The Staff there will attempt to help gather missing information about Cook County Court cases • To get forms, contact the Circuit Court Clerk’s office at 312-433-4941

  16. Procedure 2) Prepare Papers continued: • If unable to pay Clerk’s fee ($64.00) See Fee Waiver Request Form • Fill out Petition for each arrest/case • Fill out Notice to State’s Attorney and Police Department and Presiding Judge

  17. Procedure 3) File Papers/ Get Court Date • File original Notice and Petition in Circuit Court Clerk’s Office. • The Clerk of the Circuit Court will deliver copies of your Notice and Petition to the State’s Attorney’s Office, the Illinois State Police, and to the arresting police agency/agencies related to your case.

  18. Procedure 3) File Papers/ Get Court Date continued: • The State’s Attorney, Prosecutor, Department of the State Police, or the arresting agency has 45 days to file an objection to your Petition; otherwise the judge is allowed to grant your Petition. • Keep the Court informed of your most current address. • To do so, fill out the “Change of Address Affidavit”, have it notarized, and send it to: Change of Address, Juvenile Justice Division Clerk Of the Circuit Court of Cook County 1100 South Hamilton Ave., Rm. 13 Chicago, Illinois 60612

  19. Procedure 4) Follow Up • Attend Hearing at Juvenile Court (Calendar 50, Courtroom # 1) • Expungement petitions are heard at 10:00 a.m. before the Honorable Judge of the Juvenile Justice Division, Circuit Court of Cook County. • After expungement is granted the Clerk’s Office will deliver Certified Copies of Expungement Order to Arresting Police Department(s) and Illinois State Police

  20. Procedure 4) Follow Up continued: • Wait for written confirmation from Arresting Police Department(s) - (approx. 30 days) • Chicago Police Department will mail you all reports • Wait for letter confirming expungement from Illinois State Police (approx. 30 – 45 days) • Illinois State Police shreds fingerprint reports

  21. Costs • Clerk’s Office fees *$64.00 filing (includes one certified copy) *$4.00 for each additional certified copy No Personal Checks Upon request to Judge, fee may be waived • Illinois State Police fees *$60.00 Expungement Processing Fee *Cashier’s check or money order Upon request to Judge, fee may be waived • Total cost $124.00 per case must be paid at time of filing

  22. Reminders • If more than one name and/or date of birth used, you must submit all • Arrests are most likely to show up on background check • Even if you had no Court Case, you may still expunge arrest(s) • Your address used on Petition and Notice will be address to which confirmation of Expungement is sent by Police

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