Expunging and Sealing Record in Illinois
To expunge or seal a juveniles record, basically helps them to start over. To expunge a record means to destroy or delete it and to permanently remove it from the courts records or to return the records to the petitioner and to remove the petitioners name. A petitioner is a person who makes a written request to the court. To seal a record, simply means that the file is not available to the public without a court order (removed from the courts mains section of records), the only people who could have access to the records are law enforcement and the courts. In the state of Illinois, juveniles are able to seal or expunge records.
The state of Illinois has a law called the Criminal Identification Act. The Criminal Identification Act allows qualifying arrests, supervision, and probation to be expunged. The act does not apply to minor offenses, divorces, the entry of an order of protection, or other civil matters. When the state of Illinois is deciding when to make the decision of sealing and expunging records some things they take in to consideration are checking to see if you’ve been convicted of a criminal offense. If you have, you are not able to expunge your records. If you’ve been convicted of a criminal offense you may still be able to seal your records, but regardless of the outcome of the individual case, expunging is not an option.
Cases that cannot be sealed or expunged under any circumstance are, aggravated murder, murder, driving under the influence and rape. Cases that are automatically sealed are juveniles that are arrested with no complaint or when a court dismisses a complaint. When you are trying to figure out if you can expunge your records you need to figure out which category you fall into first. If you are a juvenile you automatically fall under the first category. The first category are for those who 1. Have been arrested and not charged, 2. Charged but not found delinquent, 3. Placed under...
Cited: "Think Before You Plead: Juvenile Collateral Consequences in the United States." Illinois. N.p., n.d. Web. 24 Nov. 2014.
"Expungement." :. N.p., n.d. Web. 24 Nov. 2014.
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