How Can I Get My Illinois Juvenile Record Expunged? 

 Posted on February 22, 2023 in Juvenile Offenses

One of the common difficulties of parenting is managing the unpredictable behavior of children whose brains have not yet finished developing. Teenagers are more likely to engage in behaviors that can get them in trouble with the law, even without intending to. So what happens when a good kid makes a mistake and gets caught up in the juvenile criminal justice system? Is it possible for him or her to have a second chance via record expungement? Fortunately, this is often an option for young adults who are seeking a fresh start. With the help of a good Illinois juvenile criminal defense attorney, your child may be able to clear their name and their criminal record. 

Illinois Has Automatic Expungement for Certain Police Interactions

The first thing to know about getting a juvenile criminal record expunged in Illinois is that certain arrests or police contact records are eligible for automatic expungement on or before January 1st of each year. If a child under 18 was arrested, expungement may be automatic - save for certain exceptions. Expungement of a criminal record occurs if the following conditions are met:

• A prosecutor did not file delinquency or criminal charges with the court 

• More than a year has passed since the date of the arrest 

• More than six months have passed without further arrests or criminal charges 

• The juvenile record was created after January 1, 2000

Petitioning for Expungement of Other Juvenile Records at Age 18

Once a young adult has reached age 18, other juvenile criminal records require a court petition to get expunged. If a child under 18 was arrested but was not criminally charged, was found not guilty, or had the case dismissed, the record may be expunged. Likewise, if a youth was convicted for a Class B or C misdemeanor or certain other petty offenses, those records may be expunged with court approval.

Petitioning for Expungement of Other Juvenile Records at Age 21

For other offenses, someone hoping to have their juvenile record expunged must be at least 21 and not have any convictions since age 18. Furthermore, at least five years need to have gone by since the last juvenile case as well as any adult criminal case has been completed. A criminal defense attorney can help petition a court for record expungement and make sure a petitioner meets all the requirements so their petition has the best chance of success. 

Call a Naperville, IL Juvenile Criminal Defense Lawyer

At Law Office of Philip R. Nathe, we believe people deserve a second chance. We will work with you to try to find the best solution for clearing your or your child’s record and good name. Call us today at 630-416-7600 to schedule a free consultation with a DuPage County, IL juvenile record expungement lawyer. 

Source: 

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