When Will My Child be Able to Expunge His or Her Juvenile Record?

Naperville juvenile defense lawyer,  juvenile record, expungement, juvenile defense, juvenile justice systemTeenagers make mistakes. When an adolescent mistake results in a criminal record, that mistake can have a substantial impact on the individual’s adult life. For many individuals with past criminal records, records from their teenage years as well as adult criminal records, expungement offers an opportunity to have their offenses removed from public records, allowing them to secure jobs and housing more easily and alter their social and professional reputations.

In nearly every way, juvenile offenses are treated differently from adult offenses. The juvenile expungement process is no exception—certain juvenile offenses are automatically expunged six months after an arrest. Unlike adult records, juvenile criminal records are not public information.

Certain Offenses are Automatically Expunged

Certain juvenile offenses are automatically expunged from an adolescent’s record one year after the juvenile’s arrest. To be expunged one year later, the juvenile may not have been arrested a second time within six months of the initial arrest. Offenses that are automatically expunged under these circumstances are:

  • Arrests that do not result in charges;
  • Charges that are dismissed;
  • Cases where the juvenile is deemed “not delinquent;”
  • Class B and C misdemeanors; and
  • Cases where the following order of supervision was terminated successfully.

Class A misdemeanors and non-violent felonies are automatically expunged two years after their cases are closed as long as the juvenile does not have pending charges or additional adjudications of guilt when the charge becomes eligible for expungement.

For Offenses that are Not Automatically Expunged, your Child Can Petition for an Expungement

Some court rulings and arrests that are not eligible for automatic expungement can be expunged through a petition, just like adult offenses can be expunged. These include:

  • Adjustments for probation;
  • Station adjustments; and
  • Cases where the juvenile successfully completed a pre-trial diversion program.

Certain offenses cannot be expunged from a juvenile criminal record even after the juvenile becomes an adult. These charges include:

  • Cases where the juvenile is found guilty of first degree murder;
  • Felony sex offenses for which the juvenile is found guilty; and
  • Driving under the influence (DUI) charges. The only time a DUI can be expunged from a criminal record is when no charge is filed for the individual’s alleged offense.

Having an arrest on one’s record that cannot be expunged does not mean he or she cannot have other parts of the record expunged. It is possible to expunge part of a criminal record.

Work with an Experienced Naperville Criminal Justice Lawyer

The juvenile justice system is not the same as the adult justice system. If your son or daughter is facing a juvenile charge, work with an experienced Naperville juvenile defense lawyer to fight the charge and work toward the most productive solution for his or her case. To get started with a member of our team, contact Law Office of Glenn M. Sowa, LLC today to schedule your initial legal consultation in our office.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=070504050K5-915

http://www.illinoiscourts.gov/forms/approved/expungement/expungement.asp

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=070504050K5-301

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