Illinois Passes New Expungement Law for Juvenile Offenders

 Posted on August 22,2024 in Expungement

There are a number of reasons why juveniles commit crimes, including boredom, feeling pressure from peers, addiction, or feeling as if they have no other choice. According to national statistics, while the overall crime rate is decreasing, the crime rate for young people between the ages of 10 to 24 keeps increasing.

The consequences of juvenile crime convictions can impact an offender’s long-term future. One option for those who qualify is expunging that conviction from their record. Although the expungement process in Illinois can be complicated, a new law recently signed by Governor J.B. Pritzker can help make that process smoother. Contact an Illinois defense lawyer for details to see if you or your loved one qualifies for expungement.

How Does the New Law Change the Process?

When a juvenile is arrested, that arrest creates a criminal record. Like an adult criminal record, a juvenile record can interfere with the juvenile’s ability to gain employment or an education. Colleges and universities may reject an application based on the record. Depending on the criminal charges, many secondary education schools will take disciplinary action against the offender, including suspension or expulsion.

Under Illinois law, several expungement scenarios exist. The following criminal records qualify for an automatic expungement:

• Arrests will be automatically expunged in one year as long as the juvenile is not arrested for any other reason during that time.

• If the charges were dropped or the juvenile was found not delinquent, the charges will be expunged automatically.

• If the juvenile was found guilty of a petty offense, Class B, or Class C misdemeanor, the charges should be expunged automatically when their sentence is complete.

There are many charges, however, where the juvenile’s criminal record is not automatically expunged, and he or she will need to take the legal steps to get it cleared. If the juvenile was convicted of a Class A misdemeanor or a felony, they cannot have their record expunged until they are at least 21 years of age, it has been at least five years since their sentence was complete, and they have not been charged with any additional crimes during that time. These expungements take up to two years to process.

The new law ensures that the two-year clock starts automatically as soon as the juvenile is released from detention. The law also requires the state to automatically schedule an expungement hearing for the juvenile. Instead of needing to request the expungement, these steps will help ensure it is now automatic as long as the appropriate steps are taken.

Contact a Kane County, IL Juvenile Criminal Defense Attorney 

The passing of this new law is good news moving forward for those who have made mistakes in their past that should not still be punishing them as they try to build a positive future.

If you have a past criminal history – either as a juvenile or an adult – The Law Office of Brian J. Mirandola may be able to take the steps to help you have that record expunged. To find out if you qualify, call 847-488-0889 to schedule a free consultation with a dedicated Elgin, IL expungement attorney to learn what legal options you may have.