Presentation by LAF Attorneys, Regina Hernandez & Kathryn Huber, on juvenile expungement law on November 30, 2016, to The Chicago Community Trust.

1. JUVENILE
EXPUNGEMENT
LAW
Regina J. Hernandez & Kathryn Huber, LAF
Attorneys

2. Context & Background
■ There is overbroad access to juvenile records, and
the unlawful sharing of juvenile records is common
practice in Illinois
■ The practice of unlawful sharing creates additional
barriers to employment, housing and education
■ No statutory penalties for unlawful sharing or legal
remedies
■ For every 1,000 juvenile arrests in Illinois, only 3 are
expunged
■ Restrictive eligibility requirements and fees create
additional barriers
■ The statutorily required duty to inform individuals of
right to expungement is often neglected

3. Common Misconceptions
■ “I don’t have a record because I was not
found guilty”
■ “I thought juvenile records were
automatically expunged when I turn 18”
■ “Juvenile records are sealed and no one
can see them”
■ “Serious offenses can’t be expunged”
■ “I can’t afford to pay any court fees or to hire
an attorney, so I can’t get my records
expunged”
■ “I was arrested when I was 17, so it has to
be on my juvenile record”

4. Did You Know...?
■ A juvenile record can show up on a background
check – even arrests that didn’t result in a court case
■ Some professions might not allow you to get a
license or sit for the state exam if you have an
offense on your record
■ A LOT of people have a juvenile record (in Chicago,
nearly 50% of young people have been arrested
before they turn 23!)
■ Many employers don’t know the law on juvenile
records, and might refuse to hire you, even if you’re a
perfect fit for the job, if an offense shows up on a
background check
■ A juvenile record doesn’t automatically go away, even
when you turn 18

5. A Juvenile Record Includes…
■ All arrests under 17
■ All arrests under 18 (Since January 1, 2014)
■ Arrests for misdemeanors under age 18 (January
2010-December 2013)
■ ALL others considered ADULT records
NOT Juvenile Arrests:
■ Traffic violations
■ Ordinance violations (unless a petty offense)

6. Who Can See Juvenile Records?
■ Juvenile records are automatically “sealed”… BUT there is no clear
definition of sealed in the Juvenile Court Act
■ There are many exceptions, including:
– Schools
– The park district
– The public (limited offenses)
– Plus other employers as stipulated by law
■ Once something has been expunged, there are still entities that will always
be able to see you record
– Military employers
– Law enforcement employers
– Immigration officials

7. Juvenile Expungement
Eligibility
 §915(1): age 18, no pending cases, petty
offenses, misdemeanors (B or C)
 *NOTE: On January 1, 2017, there will no
longer be a waiting period for this type of
petition (HB 5017)
 §915(2): age 21, 5 year waiting period, no adult
convictions, qualifying felony or misdemeanor A
offenses
 §622: age 18, misdemeanor offense
 Never Eligible: Findings of Guilt for First-degree
Murder and Felony Sex Offenses
 Please note: sex offender registry, gang
affiliations

8. Adult Records
 An adult record CAN affect the eligibility to expunge certain types of juvenile
records (called “Subsection 2” arrests/charges)
 It is important to look into adult records as well as juvenile records, and to expunge
any adult records that you can
 To expunge an adult record:
 Cannot have any current pending cases
 Cannot have a single conviction on your adult record, which includes:
 Probation
 Conditional Discharge
 Jail or prison time
 Time considered Served
 Fines or Ex-Parte Judgments
 ANY conviction in ANY jurisdiction on an adult record makes that person
ineligible for adult expungements
 Please note: Supervision completed satisfactorily is NOT considered a
conviction, but is subject to a 2-5 year waiting period depending on the
offense

9. Juvenile Expungement
Eligibility:
*Ineligibility under Subsection 2 does NOT
affect eligibility for Subsection 1 Petitions
Juvenile Expungement Help Desk
1100 S. Hamilton, Ground Floor
Chicago, IL 60612
Hours: M-F, 9am-4pm; hours subject to change based on
staffing availability. For updated hours and additional
information about expungement, please call 312.229.6359 or
visit us at
https://www.facebook.com/JuvenileExpungementHelpDesk/.
Walk-ins only.

10. The Juvenile Expungement
Process
100-Day Timeline
Day 1:
Client Intake
Days 2-30:
Administrative
Tasks
Day 30:
Hearing
Days 31-99:
Client Follow-
Up & Case
Closings
Day 100:
Confirmation
of
Expungements
from Police
Departments

11. FAQs:
■ Can a minor who has been referred to a diversion program for a felony arrest expunge
their record before the age of 18; after proceedings have ended?
– So long as any diversion program is completed satisfactorily, and so long as all
proceedings have been terminated, the arrest is eligible for expungement at age 18
(or younger starting Jan. 1, 2017). If NOT completed satisfactorily, it may still be
eligible for a Subsection 2 expungement, so long as other factors are met, including
the requisite waiting period.
■ Can someone who has been placed on supervision for a felony offense have their
record expunged or sealed once proceedings have closed/applicable waiting period has
ended?
– Yes, supervision is not a conviction if completed satisfactorily.
■ Can a minor who is placed on probation for a non-violent felony offense expunge their
record at the age of 18 once proceedings are closed?
– No, subject to subsection 2 waiting period; must be 21 and 5 years must have
passed from when proceedings terminated; probation = adjudication
■ Once a minor reaches the age of majority can employers and landlords have access to
their juvenile record, i.e. arrests?
– Juvenile records are always confidential; HOWEVER, there are several exceptions
to this that are within the public interest; private entities generally should not be able
to access these records, but unlawful sharing of this information is still prevalent.
Adult records are ALWAYS public until expunged or sealed.

12. FAQs (Continued):
■ Which arrests qualify for automatic expungement and who completes
this process?
– ISP conducts an annual review and expunges those records that
have become eligible in the past year.
– This “automatic expungement” provision only applies to the limited
number of juvenile arrests that were both reported by the
arresting agency to ISP and did not result in court proceedings.
– If done correctly, this will only eliminate ISP records, not local
authority records, and nothing requires ISP to notify individual
■ Does undocumented status affect your ability to expunge your juvenile
record?
– Technically it does not affect your ability, but you should ALWAYS
speak to an immigration attorney prior to seeking expungement;
USCIS can see your record even after expungement and require you
to disclose
■ What is the length of time it takes to expunge a record?
– Approx. 100 days, depending on any complications

13. How Can You Help?
Host a Clinic!
• Two of the significant barriers to young people expunging their juvenile records are
access and time – LAF works to make the process more accessible for all Cook County
residents by organizing on-site clinics.
• At a clinic, young people can meet with a volunteer attorney and complete
expungement paperwork at a school, agency, or community setting they are already
familiar with in their neighborhood.
• Once the paperwork is complete, LAF attorneys file the petitions on clients’ behalf and
attend court hearings for them, so they don’t need to make a second trip or come to
court.
• After a hearing, clients receive a copy of their court order in the mail.

14. How it Works
Typically, a clinic is a two-part process:
Part 1: Info Session and Informed Consent
• LAF attorneys will come out to the site and give a presentation on expungement services,
why expungement is an important step for a young person’s future, and how the process
works.
• For clients interested in pursuing expungement, attorneys will obtain their written consent
to get their RAP sheet, which is the document attorneys will need to file expungement
petitions. For Chicago cases, we can obtain the RAP sheet without the client being present.
For cases outside of Chicago, we will make arrangements with the client to obtain a
fingerprint-based background check.
Part 2: On-site Clinic
• A few weeks later, LAF attorneys and volunteers will come out to the site, meet with
individual clients, review their eligibility and paperwork with them, and obtain their
signatures on court documents.
• Once all paperwork is complete, staff will file petitions on clients’ behalf, and in most cases,

15. Logistics
If this sounds like a good opportunity for a population you work with,
these are the things LAF will need from you for a successful clinic:
Space: preferably a private space for attorneys to confer and be trained prior to the event, a
waiting area for clients, and a larger space that can be partitioned or a series of smaller spaces,
such as classrooms or offices, where attorneys can meet with clients. The space would need to
be available for the clinic itself as well as one or more info sessions.
Clients: Prior to each clinic, we will need your help to publicize the event, obtain signed consent
forms, recruit participants, etc. Clients are typically young adults age 17-30, but clients of any
age can participate and may be eligible for juvenile expungement. Clients do not have to have
been formally adjudicated and gone to court – even a minor arrest can show up on a background
check, even if the person was never charged or brought to court.
Time: Each clinic lasts approximately four hours.
Other: Resources to help the event run smoothly – pens, access to a copier or scanner, staff to
help direct participants, internet access, etc.

16. Interested?
(Or know an Group who Might Be?)
Contact Regina (rhernandez@lafchicago.org) or Kathryn
(khuber@lafchicago.org) for more information!
• Clinic structures are flexible, and we are happy to work with any agency to tailor a program
that best meets the needs of their clients.
• We can work with groups of any size, come to a variety of locations, schedule evening or
weekend events, and otherwise modify structure and programming in a way that makes
sense for the agency, client population, location, setup, or other factors.
• We know that there is significant need in the community – (a recent Chicago Tribune
investigation revealed that less than 1% of juvenile arrests in Cook County are ever
expunged), so we want to bring this much needed resource to those individuals who need it
most.
• If you’re interested or know a group who might be, get in touch with us! We’d love to work
with you toward this important goal.

17. How to get
help… ■ Additional Resources:
– JEHD Facebook
– Expunge.io
– Office of State Appellate
Defender
– Illinois Juvenile Justice
Commission Report
 Juvenile Expungement Help Desk
M-F, 9am-4pm (hours subject to change based on
staffing availability)
 For additional information and questions, please
call 312.229.6359
 CGLA Adult Expungement Help Desk (Chicago)
Daley Center, 10th Fl.
M-W, 9am-12pm
Th., 9am-12pm & 1pm-4pm
MUST BRING OWN RAP SHEET
 CGLA Adult Expungement Help Desk
(Markham)
16501 S. Kedzie Parkway, Room 102J
Wednesdays, 10am-2pm
MUST BRING OWN RAP SHEET