expungement talk from laf
TRANSCRIPT
Introduction…Why expungement matters
80-90 percent of American teenagers acknowledge in confidential interviews that they have committed an illegal act.
If you have police patrolling your neighborhood or school you may be arrested for these acts. Black teens are arrested at five times the rate of white teens, and Latinos at two to three times the rate of white teens.
Juvenile arrest and court records are automatically “sealed” but there are a lot of exceptions, and it is becoming easier for non-excepted employers and housing agencies to uncover these records even years later.
Youth may petition for “expungement,” and if granted, their records are destroyed, and employers may not consider the records.
But in 2013, the Cook County Circuit Court Clerk’s Office had 5,994 juvenile cases on file, but individuals only sought to expunge 661 of those cases.
Agenda1. What is a juvenile record?
2. How might it effect you?
3. Are you eligible for expungement?
4. How can you expunge your records?
Q: Do I have a juvenile record?A: Yes, if you have ever been arrested as a juvenile
or gone to court as a juvenile.
ARRESTS
Juvenile arrests are:All arrests up to age 17 (past)All arrests up to age 18 (now)
Juvenile records are not:Traffic violation cases (including DUIs)Ordinance violation cases
COURT
Juvenile court cases are:Heard at Cook County Juvenile Court (1100 S. Hamilton)Include petty offenses (e.g. curfew violations)
Juvenile court cases are not:Juvenile tried as adultTraffic offenses
Q: Who keeps juvenile arrest records?
1. Arresting Agency (e.g. Chicago Police Dept.)
2. Illinois State Police
3. FBI (before 2010)
Q: How might my juvenile record affect me?
Juvenile records are confidential, but:You may be asked to disclose your juvenile record on college applications
Your juvenile record may show up on background checks for jobs such as:Working in schools (even for crossing guards!)Healthcare fields (e.g. nursing)Private securityOther professional licensesOther jobs (unlawfully)
Q: What is Expungement?
A: Erasure of your police and court record.
After expungement, no one will see
your juvenile record except:Military EmployersLaw Enforcement Employers Immigration
Q: Can I get my record expunged?
A: Usually YES.
Subsection 1: Age18; No pending cases. For arrests, supervisions, and adjudications for minor
offenses.
Subsection 2: Age 21; 5 years after offense; No adult convictions.
For adjudications for serious crimes.
Never Eligible: First-degree murder and Felony Sex Offenses.
Common Subsection 2 Offenses:
• Any “aggravated” offense or offenses involving a weapon
So these offenses can be expunged once 5 years have passed and you are 21.
Q: How do I get my record expunged?
Step #1: Get juvenile rap sheet (arrest record).
Step #2: Come to the help desk and file petition(s) for expungement.
[45 days]
Step #3: Show up on the court date.
[60 days]
Step #4: Check records.
Step #1: Get juvenile rap sheetChicago Police Department:
3510 S. MichiganAvailable same dayFree!Adult records cost $16
Need I.D.Will be fingerprintedMay need parent permission
slip
Step #2: File Petition(s)One per arrestAlways in Cook County Juvenile Court
• 1100 S. Hamilton, Ground Floor
$64 Filing Fee due on day of filing (per petition)Fees can be waived!
Step #3: Attend Court DateCan be attended by a family member
Always in Cook County Juvenile Court
1100 S. Hamilton, Usually Judge Brooks
Check in with Clerk’s office on day of hearing
Fee waiver hearing on this date
$60 Expungement Fee due on day
Fees can be waived!
Step #4: Check recordsApproximately 60 days from court date
Will get a postcard from the Illinois State Police confirming expungement
Will have the legal right to say no juvenile record
Employers cannot legally consider expunged records
Juvenile Expungement Help DeskMondays and Tuesdays: 9:00am – 4:00pm
Thursdays: 9:00 am – 12:00pm
Cook County Juvenile Center
1100 S. Hamilton, Ground Floor, Chicago
312-229-6359 ◦ [email protected]