New Illinois Law Encouraging Juvenile Record Expungement

 Posted on September 23, 2024 in Criminal Defense

It is no surprise that people often regret things they did in their youth. Nobody is perfect, and all people make mistakes, which is true for adolescents. While they may be going through their rebellious stage, their actions can have serious consequences, including convictions and a criminal background. Fortunately, requesting that your juvenile charges be expunged from the record is possible. The state of Illinois recently passed a new law aimed at easing the entire expungement application process, with the understanding that you should not need to keep getting punished for a crime that you have already paid the price for committing. If you have questions about getting your juvenile record expunged, speak with a knowledgeable Naperville, IL, criminal defense attorney.

How Does Expungement Work in Illinois?

When a minor gets arrested for criminal activity, they have a criminal record that can impede his or her future. Any opportunity they try to grasp - whether it is a school, job, housing, or romantic partner - can be taken away once someone discovers they have a criminal record from a mistake he or she made in his or her youth. In Illinois, there are a few possibilities for getting your record expunged, which means it would be as if it never existed.

• Automatic expungement: If your charges are dropped, they are automatically expunged. For several charges, including petty offenses and various misdemeanors, the record can be expunged automatically as soon as the sentence is complete. For many charges, a juvenile arrest can be automatically expunged from the record one year later if the person was not arrested again in that period for any other reason.
• Non-automatic expungement: If you want a Class A misdemeanor or felony expunged, there are certain conditions you need to meet: You need to be at least 21 years old, at least two years have passed since the case was closed, and you cannot be charged with any other crimes in that period.

How Does Illinois’ New Law Impact Juvenile Expungement?

The main way the new law helps smooth the process of being granted an expungement is by turning the entire process into something that happens automatically. That does not mean that everyone can automatically get their juvenile record expunged. However,  the two-year waiting period starts automatically upon release from juvenile detention. The state also schedules expungement hearings automatically. While this does not guarantee expungement, it means that the process for requesting one has been streamlined and easier to navigate.

Schedule a Free Consultation with a Naperville, IL Criminal Defense Lawyer

If you have a criminal record because of a mistake you made in your youth, let a skilled Naperville, IL, juvenile expungement attorney help you move past it. At Law Office of Philip R. Nathe, we believe juvenile offenders deserve a second chance. Call us at 630-416-7600 to schedule a free consultation so we can guide you in your attempts to get your record expunged.