If you were arrested or convicted of any crimes as a minor, then you may qualify for juvenile expungement. Although not all crimes can be expunged, juvenile expungement will wipe your record clean of any crime you committed as a minor. The public will not be able to see these crimes, giving you a clean slate for adulthood. Your juvenile record may still be available to some government organizations or to employers in certain industries, such as law enforcement, education, childcare, or the healthcare industry. Most employers will not have access to the follies of your youth, enabling you to find quality employment.

How to Begin the Process

You will need to get copies of your juvenile records and ensure that all the cases are closed. Then, you and your attorney can review the documents and determine whether your records can be expunged. If so, there are forms that can be filled out and filed with the Circuit Clerk.

To expunge a Class A misdemeanor or felony, it must have been at least two years since the case ended, including the subsequent sentence and probation, if applicable. If you were found guilty of first-degree murder or a felony sex offense, those charges cannot be expunged. If you were convicted of crimes in another state, they would not qualify for expungement in Illinois.

People make mistakes, and if one or more of yours resulted in an arrest or conviction, having that stain on your criminal record can have a long-lasting effect, including a negative impact on your employability. The good news is, in some cases, you can apply for an expungement of your records. An expungement is the removal of an offense from your record. 

What Types of Cases May Be Expunged?

Your case may qualify for expungement if:

Everyone makes mistakes at some point in their life, and for some, these mistakes can include breaking the law. When this occurs, you deserve a second chance. In Illinois, expungement and sealing are two ways you can get that opportunity. Expunging or sealing your criminal records lets you keep your past actions in the past and can prevent future employers from seeing any unfortunate mistake. There are limitations to what you can and cannot seal or expunge, however.

Differences Between Expungement and Sealing

While they are very similar, there are a few differences between record expungement and record sealing. If you qualify to have your criminal record expunged, the expungement will erase your arrests and/or court supervisions like they never happened. If you have your criminal record sealed, your record will be hidden from most of the public. Most employers are not able to see sealed records, though sealed criminal records will still be visible to law enforcement agencies.

A criminal record can be the proverbial kiss of death for many aspirations and life options, and in Illinois, you will have a criminal record even if the charges against you are ultimately dropped. However, in certain situations, there is a way by which your record can be expunged. If you are able to do this, you may be able to avoid possible negative consequences in the future.

Procedures

Expungement proceedings are available to those who have (1) never been convicted of a criminal offense; (2) have had a conviction reversed, vacated, or pardoned by the governor; or (3) had their conviction recommended for expungement by the Prisoner Review Board. If you believe you are able to have your record expunged, there are specific procedures that must be followed, and they usually differ by county. One of the most commonly known is the waiting period - depending on the fact pattern, a person must wait anywhere between two and five years before filing to expunge an offense.

Adolescents are notorious for making decisions that they later come to regret. Unfortunately, when those decisions have legal repercussions, regret and reformation may not result in the individual getting a clean slate. Criminal records from prior years as a misbehaving teenager can have severe personal and professional consequences, even for rehabilitated one-time offenders. A new law, effective this year, works to limit the negative effects of juvenile records in employment and education by requiring that, if the case meets certain guidelines, the records be expunged.

The Law

The new law, which became effective at the beginning of the year, amends an older statute concerning the destruction of juvenile records. Previously, those with juvenile records could petition the court for expungement, or destruction, of the records only for certain lower-level misdemeanors. A petition could be made after the person turned 18, or when all juvenile court proceedings had ended, whichever was later.