• What is Restorative Justice

• Schools and Restorative Justice

• Restorative Justice and the Juvenile Justice System

• Juvenile Expungement

 

Expungement of Juvenile Records

Most of us are unaware that a youth arrested and referred to juvenile court for involvement in a fistfight at school could later be denied college admission or turned down for a job simply because of their arrest or court record.  The long-term consequences of arrest and court referral are major, even when the offenses are relatively minor. 

Expungement can be a useful and effective “second chance” tool for youth who have been in conflict with the law.  The Illinois Juvenile Court Act (705 ILCS 405/5-915) specifically provides for youth to use the expungement process to attempt to erase their records of certain offenses. If a judge grants an expungement order, it is as if the arrest or offense never occurred.  Most importantly, expungement enables youth to apply for jobs, college, financial aid and pubic housing with the legal right to deny any involvement in the juvenile court system. It is this right that eliminates the stigma and barriers that stop too many youth from moving beyond their mistakes and leading productive lives. 

The challenge is to make expungement a reality for youth.  This will only happen if school personnel, community members - including youth and their families, social service providers and employers are educated about the existence and importance of juvenile expungement rights.

Juvenile Expungement Eligibility Requirements and Timeline

Offense	When Juvenile Records Can be Expunged
Arrest and No Delinquency Petition Filed (arrested but no case filed in juvenile court)	At age 17 or when all juvenile court proceedings are over, whichever is later
Charged but Not Adjudicated Delinquent (no finding of “guilt”)	At age 17 or when all juvenile court proceedings are over, whichever is later
Adjudicated Delinquent Successfully completed sentences of supervision	At age 17 or when all juvenile court proceedings are over, whichever is later
Adjudicated Delinquent for a Class B or C Misdemeanor or petty business offense (finding of “guilt” for some less serious offenses)	At age 17 or when all juvenile court proceedings are over, whichever is later
Class A Misdemeanor and Felonies with Exceptions (this includes fights - even with no weapons or serious injury,  damage to property and possession of small amounts of drugs)	At 21 years or 5 years after all juvenile court proceedings are over, which ever is later. If no convictions for any crime after 17th birthday
First Degree Murder	Never
Felony Sex Offenses	Never

These eligibility requirements only apply to court involvement in juvenile court prior to a youth’s 17th birthday.  If youth are tried in adult court, either prior to or after their 17th birthday, less permissive adult expungement rules apply in place of the Juvenile Court Act.   Having an adult record, however, does not entirely prevent youth from expunging part of their juvenile record.  Youth can expunge part of their record even if other parts of either their juvenile or adult records are not expungeable.  For example, if youth are convicted of a crime after their 17th birthday, then they cannot expunge any Class A misdemeanors or felonies from their juvenile record.  However, even with convictions after their 17th birthday, they could expunge arrests, successful supervision sentences, and Class B or C misdemeanors from their juvenile record.