Juvenile Expungement - PowerPoint PPT Presentation

Loading...

PPT – Juvenile Expungement PowerPoint presentation | free to download - id: 3b92ac-NGQzZ



Loading


The Adobe Flash plugin is needed to view this content

Get the plugin now

View by Category
About This Presentation
Title:

Juvenile Expungement

Description:

Juvenile Expungement An Overview Why expungement for juveniles? Are records confidential? Who can see them? Law enforcement, prosecutors, judges, court staff ... – PowerPoint PPT presentation

Number of Views:81
Avg rating:3.0/5.0
Slides: 25
Provided by: illinoisp
Category:

less

Write a Comment
User Comments (0)
Transcript and Presenter's Notes

Title: Juvenile Expungement


1
Juvenile Expungement
  • An Overview

2
Why expungement for juveniles?
  • Are records confidential? Who can see them?
  • Law enforcement, prosecutors, judges, court
    staff, probation officers, persons doing bona
    fide research, military personnel, school
    officials, mental health professionals, victims
    and their attorneys, and sometimes members of the
    public. See 1-7 and 5-901 of JCA.

3
A word about terminology
  • Juvenile Court Act is not penal
  • Juveniles are charged with delinquent acts, not
    crimes
  • Finding of delinquency, not conviction
  • Given dispositions, not sentences
  • Charged by petition, not indictment
  • Adjudicated wards of the court

4
Two types of expungement
  • Juvenile expungement falls under two different
    groups
  • Group 1 expungement can be sought on juvenile
    reaching age 17 or end of case, whichever is
    later
  • Group 2 expungement sought after juvenile
    reaches age 21 or 5 years after end of case,
    whichever is later

5
What can never be expunged?
  • Findings of delinquency for
  • First Degree Murder
  • Felony Sex Offenses
  • Certain Traffic Offenses

6
Group 1 Expungement
  • When
  • Upon reaching age 17 or
  • End of Court case or end of sentence, whichever
    is later.

7
What Can Be Expunged Group 1
  • What
  • Arrests with no Court action
  • Charges with findings of no delinquency
  • Successfully completed sentence of Supervision
  • Findings of delinquency on Class B or Class C
    misdemeanors or Petty Offenses
  • Findings of delinquency vacated by Judge
  • Charges dismissed by States Attorney

8
Examples of Class B and Class C Misdemeanors
  • Assault
  • Disorderly Conduct
  • Possession of marijuana (less than 2.5 grams)
  • Tampering with a fire hydrant
  • Trespass to Property
  • Possession of look-a-like substance
  • Mob Action
  • False Police Report
  • Turnstile Jumping
  • Handing out invitations to Raves on school
    grounds

9

10
What Can Be Expunged Group 2
  • What
  • Found delinquent of Class A misdemeanor or any
    felony (other than Murder or Felony Sex Offense
    or DUI)
  • When
  • At age 21 or 5 years after end of Juvenile Court
    case or sentence, whichever is later
  • Condition
  • No conviction for ANY crime since 17th birthday

11

12
Sample notice of petition
13
Sample petition 1
14
Sample petition 2
15
Sample order
16
Procedure
  • 1) Gather Information
  • Name, address and date of birth used for each
    arrest
  • Must give all names and birth dates used
  • Try to list all arrests and charges
  • Go to
  • Chicago Police Department,
    Youth Investigations,
    3510 South Michigan
    Avenue
  • to get history of
    arrest(s) (16.00)
  • Go to any other arresting agency to get history
    of arrest(s)
  • Must provide photo ID at the police station

17
Procedure
  • 2) Prepare Papers
  • Contact Juvenile Court Presiding Judges Office
    (Call 312-433-6935)
  • The Staff there will attempt to help gather
    missing information about Cook County Court cases
  • To get forms, contact the Circuit Court Clerks
    office at 312-433-4941

18
Procedure
  • 2) Prepare Papers continued
  • If unable to pay Clerks fee (64.00) See Fee
    Waiver Request Form
  • Fill out Petition for each arrest/case
  • Fill out Notice to States Attorney and Police
    Department and Presiding Judge

19
Procedure
  • 3) File Papers/ Get Court Date
  • File original Notice and Petition in Circuit
    Court Clerks Office.
  • The Clerk of the Circuit Court will deliver
    copies of your Notice and Petition to the States
    Attorneys Office, the Illinois State Police, and
    to the arresting police agency/agencies related
    to your case.

20
Procedure
  • 3) File Papers/ Get Court Date continued
  • The States Attorney, Prosecutor, Department of
    the State Police, or the arresting agency has 45
    days to file an objection to your Petition
    otherwise the judge is allowed to grant your
    Petition.
  • Keep the Court informed of your most current
    address.
  • To do so, fill out the Change of Address
    Affidavit, have it notarized, and send it to
  • Change of Address, Juvenile Justice Division
  • Clerk Of the Circuit Court of Cook County
  • 1100 South Hamilton Ave., Rm. 13
  • Chicago, Illinois 60612

21
Procedure
  • 4) Follow Up
  • Attend Hearing at Juvenile Court (Calendar 50,
    Courtroom 1)
  • Expungement petitions are heard at 1000 a.m.
    before the Honorable Judge of the Juvenile
    Justice Division, Circuit Court of Cook County.
  • After expungement is granted the Clerks Office
    will deliver Certified Copies of Expungement
    Order to Arresting Police Department(s) and
    Illinois State Police

22
Procedure
  • 4) Follow Up continued
  • Wait for written confirmation from Arresting
    Police Department(s) - (approx. 30 days)
  • Chicago Police Department will mail you all
    reports
  • Wait for letter confirming expungement from
    Illinois State Police (approx. 30 45 days)
  • Illinois State Police shreds fingerprint reports

23
Costs
  • Clerks Office fees
  • 64.00 filing (includes one certified copy)
  • 4.00 for each additional certified copy
  • No Personal Checks
  • Upon request to Judge, fee may be waived
  • Illinois State Police fees
  • 60.00 Expungement Processing Fee
  • Cashiers check or money order
  • Upon request to Judge, fee may be waived
  • Total cost 124.00 per case must be paid at time
    of filing

24
Reminders
  • If more than one name and/or date of birth used,
    you must submit all
  • Arrests are most likely to show up on background
    check
  • Even if you had no Court Case, you may still
    expunge arrest(s)
  • Your address used on Petition and Notice will be
    address to which confirmation of Expungement is
    sent by Police
About PowerShow.com