JUVENILE EXPUNGEMENTIN ILLINOIS

Sharlyn Grace, LAF (Legal Assistance Foundation)

Patrick Keenan-Devlin, James B. Moran Center for Youth Advocacy

March 13, 2014

Agenda

IntroductionDefinitions

Juvenile RecordsExpungement

Impact of a RecordExpungement EligibilityExpungement ProcessLAF & CGLA’s Juvenile Expungement Help Desk

Moran Center’s Juvenile Expungement ProjectQuestions

Common Misconceptions

Young people I talk to often think: A person doesn’t have “a record” if they

weren’t found guilty; Juvenile records automatically disappear

when a person turns 18; No one can see juvenile records; Serious offenses can’t be expunged; and The process for expunging is expensive.

What is a juvenile record?

Juvenile arrests.Juvenile arrests are:

All arrests under age 17 Arrests for misdemeanors up to age 18 (January

2010 –December 2013) All arrests up to age 18 (Since January 1, 2014)

Juvenile arrests are not: Traffic violations Ordinance violations (unless petty offense)

Who keeps juvenile arrest records?

…that depends on what happens after the arrest.

1. Arresting law enforcement agency creates record; and

2. Maybe sends it to Illinois State Police.

Illinois

State Police

Informal Station

Adjustments -

Misdemeanors (optional)

Informal Station

Adjustments - Felonies

(mandatory)

Formal Station

Adjustments - Felonies

(mandatory)

Formal Station

Adjustments -

Misdemeanors (optional)

What else is a juvenile record?

Juvenile delinquency court cases and petty offenses.

Where the case is heard determines what rules control expungement.

Cook County Juvenile Court: 1100 S. Hamilton Petty Offenses: curfew violations, etc. Not juvenile tried as adults Not traffic offenses heard in traffic court

Who can see juvenile records?

Juvenile records are automatically “sealed”…

…but there is no definition of sealed in the Juvenile Court Act.

--There are also many exceptions, such as for:• Schools;• The park district;• The public (for certain offenses); and• Certain kinds of employers.

How can a juvenile record affect a young person?

1. May be asked to disclose a juvenile record for: College applications Job applications

2. May show up on background checks for: Certain kinds of jobs

Teaching Nursing Private security Other jobs (unlawfully)

Certain Professional Licenses Public/Subsidized Housing Applications Immigration/Citizenship Applications

3. Police Harassment

What is Expungement?

Destruction of the police records; severely restricted access to court records (available only by motion before the court).

After expungement, no one will see a juvenile history except:

Military Employers Law Enforcement Employers Immigration Officials

Juvenile Expungement Eligibility

§915(1): age 18, no pending cases Section 622 (705 ILCS 405/5-622

§915(2): age 21, 5 year waiting period, no adult convictions

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

degree Murder and Felony Sex Offenses Please note: sex offender registry

Qualifying for § 915(1) Expungement

Arrests with no court case Dismissed juvenile court cases Supervision satisfactorily

completed Guilty Findings for minor offenses:

o Petty Offenseso Class C Misdemeanorso Class B Misdemeanors

Common § 915(1) Findings of Guilt

• Assault• Disorderly Conduct*• Possession of

Marijuana• Criminal trespass to

Real Property

• Possession of Look-alike Substance

• Turnstile jumping• False Police Report

Qualifying for § 622 Expungement

• “Any minor charged with a [Class A] misdemeanor offense as a first offense…” 705 ILCS 405/5-622• Counselors should argue that “first

offense” connotes finding of guilt as opposed to mere charge.

• Counselors should argue that an earlier case, in which the juvenile satisfactorily completed court supervision, as an example, does not constitute a previous offense.

See attached “Motion to Reconsider” to support above arguments

Practitioners’ Note for § 622 Expungements

Juvenile Defense practitioners should file an order within 30 days after the entry of a minor’s first Class A Misdemeanor conviction – setting a time for an expungement review hearing within a month of the minor's 18th birthday or within a month of completion of the minor's sentence or disposition of the charge against the minor, whichever is later. Please note that the Juvenile Court in Cook County

has held that the failure of an attorney to file such an order with the court within 30 days after the entry of a minor’s first Class A Misdemeanor conviction does not preclude a minor from filing a ripe expungement petition under Section 622.

Qualifying for § 915(2) Expungement

Guilty Findings for:• Class A Misdemeanors (Those

offenses not qualifying under Section 622); and

• Felonies (Excluding First-degree Murder and Felony Sex Offenses).

Common Subsection 2 Findings of Guilt:

• Aggravated Assault• Robbery• Armed Robbery• Theft• Retail Theft

• Criminal trespass to

state property (e.g. a school)• Criminal damage to property• Criminal trespass to vehicle• Battery• Unlawful Use of a Weapon

The Juvenile Exungement Process

Step #1: Get juvenile rap sheet (arrest record).

Step #2: File petition(s) for expungement.

Step #3: Call State’s Attorney’s Office.

Step #4: Show up on the court date.

Step #5: Check records.

Step #1: Get Juvenile Arrest Record

Need I.D. (school ID often sufficient) May be fingerprinted Chicago Police Department: 3510 S.

Michigan Available same day Free!

Other law enforcement agencies may require a FOIA, may not give rap sheets Minimum info: Arrest date(s) and arrest charge(s) Contact Help Desk if police department says it

will not give any information

Step #2: File Petition(s) One per arrest/court case Always in Cook County Juvenile Court

1100 S. Hamilton, Ground Floor (Room 13)

$64 Filing Fee due on day of filing (per petition)

Fees can be waived! File an “Application and Affidavit to Sue or Defend as an Indigent Person”

Step #3: Call State’s Attorney’s Office

Call State’s Attorney’s Office (312-433-7000) one or two days prior to the scheduled hearing, and ask to speak with the ASA assigned to Calendar 59 (Expungements).

Ask the ASA whether the State will file an objection to the petition filed. If yes, prepare arguments to rebut the objection. If no, prepare two bullet points speaking to your

client’s worthiness for expungement. (Section 915 petitions are usually only objected

to based on technical eligibility.)

Step #4: Attend Court Date Please note that a petitioner is not required to attend in-

person. (An expungement hearing is a civil proceeding.) Check in first with Juvenile Court Clerk’s Office, Room

13, before proceeding to the courtroom. Then proceed to Courtroom 9.

Judge Rodney Brooks presides in Calendar 59. At the hearing, the Judge will consider the expungement

petition(s) and the accompanying fee waiver application. Please note that the $60 Expungement Fee will be

due if the application is denied or if no application was offered.

If your expungement petition is granted, proceed to the Clerk’s Office, Room 13, for a copy of the signed and sealed order of expungement. Additional copies of the expungement order cost $4

per copy.

Step #5: Check Records Approximately 60 days from court date:

You or your client will receive notification from the Illinois State Police confirming expungement.

Contact your client regarding the clearing of their record, and then advise your client that that they do not need to disclose their juvenile record following an expungement and that employers are not legally permitted to consider expunged records.

Attached Materials Eligibility Flow Chart Juvenile Expungement 101 pamphlet Sample Forms (Petition to Expunge, Subsection

One; Petition to Expunge, Subsection Two; Notice; Order of Expungement; Application and Affidavit to Sue or Defend as an Indigent Person; Request for Records, and Release of Information, and Review of Records)

Section 622 Sample Order - Filed within 30 days of Judgment

Section 622 Sample Motion – Filed with Subsection 1 Petition

Juvenile Expungement Help Desk

Mondays and Tuesdays: 9:00am – 4:00pm

Thursdays: 9:00 am – 12:00pmCook County Juvenile Center

1100 S. Hamilton, Ground Floor, Chicago312-229-6359

Moran Center’s Juvenile Expungement Project

The Moran Center’s Juvenile Expungement Project aims to (1) petition to clear our current

clients’ juvenile records as soon as they are eligible for expungement, (2) review disposed

files to check whether previous cases are “ripe” for filing expungements, and (3) provide brief service to people who contact our office with

juvenile expungement questions.

Thank You!

Sharlyn Grace | VISTA Attorney

LAF Chicago Children and Families Practice Group

Phone: 312.229.6359 | Fax: 312.612.1517

120 South LaSalle Street, Ste. 900 | Chicago, IL 60603

www.lafchicago.org

Patrick Keenan-Devlin | Deputy Director/Staff Attorney

James B. Moran Center for Youth Advocacy

Phone: 847.492.1410 | Fax: 847.859.5836

1123 Emerson, Suite 203 Evanston, IL 60201

www.moran-center.org