11/23/2023 0 Comments Illinois arrest recordsToday, the Illinois juvenile arrest records permitted to be reported to the ISP and the FBI include: Since 2010, the Illinois General Assembly has placed strict limits on what juvenile record information can be reported to the ISP or the FBI, the two primary state and federal criminal record depositories. Restrictions Placed on What Juvenile Records Must be Reported to ISP and FBI No one should underestimate the possible negative ramifications of a public court record for a municipal code violation. The only way to eliminate this record is to petition for adult expungement or sealing. Juvenile Court Records the Public Can See: The Exception to the RuleĪlthough Illinois juvenile records are sealed as a matter of law (not available to the public), if a juvenile was ticketed or charged under a City's municipal code or local ordinance and the matter was referred to state court for prosecution, the court record will be publicly available. If you know you have a juvenile record and are interested in getting that record expunged, please download this file, which goes into greater detail about the three categories of juvenile records eligible for expungement. In other words, the judge's decision to grant the expungement is mandated by law. Over the last couple years, the Illinois General Assembly has enacted several provisions directing the Illinois State Police (ISP), local police departments, and juvenile courts to automatically expunge juvenile arrest and court records.Ĭurrently, there are three categories of juvenile records entitled to expungement that either takes place automatically (Category One) or where a petition to expunge must be filed and the juvenile judge has to grant the request to expunge (Categories Two and Three). A “delinquency” finding is similar but not identical to being found “guilty” of a crime in adult criminal court. A juvenile, however, can expunge a “delinquency” finding. For one thing, adults are not permitted to expunge convictions. The rules for juvenile expungement differ from those for adult expungement. Rather, juveniles are adjudicated “delinquent.” Finally, because juvenile records are not available to the public, most Illinois employers are prohibited from asking a job applicant if he/she has a juvenile record. Another important distinction is that juveniles are not "convicted" of crimes. In Illinois, the most significant difference is that juvenile court records are not public while adult court records are. There are several notable distinctions between being charged as a juvenile versus an adult. to raise the age for a juvenile for criminal prosecution purposes to as high as 21 years of age. Currently, there is a growing trend in the U.S. Since January 1, 2014, all 17-year-olds are tried for criminal offenses in juvenile court. In 2013, Illinois raised the age of a juvenile from 17 to 18 for felony charges. In 2010, Illinois raised the juvenile age from 17 to 18 but only as it relates to misdemeanor charges. Prior to 2010, in Illinois, if you were 17 at the time of your arrest you were charged as an adult. Many people assume, incorrectly, they must have been charged as a juvenile because they were only 17 at the time. Often people are confused as to whether they were prosecuted as a juvenile or an adult after they got arrested as a teen. Juvenile Arrest & Delinquency Records Juveniles Aren't as Old as You Think The only portion of the filing fee for a petition to expunge (or seal) that is the same from county to county is the $60 fee that must be paid to the Illinois State Police. Please note that filing fees vary from county to county. There is a state-wide fee waiver court form you can use to apply. The only other way to waive court fees is to apply for a fee waiver, arguing financial hardship (i.e., unemployed, underemployed, low wage earner). The expanded right to expunge only extends to the following arrest records:ġ) no case was filed after the arrest (the charges were never referred to the state's attorney's office) or,Ģ) where charges were filed, the court dismissed the case.Ĭonversely, the Cook County fee waiver does not apply when the disposition of the case resulted in:Ģ) a deferred sentence, resulting in the eventual dismissal of all charges. If you want to take advantage of the fee waiver, don't procrastinate. The fee waiver remains in effect until Decemonly. The 2016 amendment also waived the filing fee but only for individuals who have cases in Cook County. In 2016, the Illinois General Assembly amended the law to allow individuals who have been convicted of a crime to now expunge their arrest history. Prior to 2017, you were only eligible to expunge your arrest record if you had never been convicted of a crime in Illinois or anywhere else (in another state or under federal law). If you have been arrested in connection with a crime in Illinois you may be eligible to expunge your arrest record.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |