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.