How canI find out ifI am eligible for an expungement?

Get Legal Help Today

 Secured with SHA-256 Encryption

How canI find out ifI am eligible for an expungement?

I was 14 at the time of arrest, yet was “prosecuted as an adult by rule of the law”. On my report from the IL state police, these charges are coming up – aggravated battery, battery, and retail theft. These were all dealt with in juvenile court; I never went to DOC. I did have a sentence of probation and community service, and a short time in juvenile hall. Since this is on my state record, does that mean I was convicted, and if so, why is this on my state record? I am 28 now, and have no convictions on my record since. Can this haunt me for the rest of my life? What are my options?Should I speak with a criminal law attorney? In Chicago, IL.

Asked on September 28, 2010 under Criminal Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your legal situation is unclear. Under IL law, juvenile expungement only applies to cases brought under the Juvenile Court Act. You must have been age 16 or younger at the time of the offense and, if prosecuted, the prosecution must have been in Juvenile Court. Otherwise, your record is that of an adult. For adult criminal records, under the “Criminal Identification Act” (20 ILCS 2630), you can have your adult criminal record expunged (destroyed) if certain circumstances apply to you. Additionally, if you do not qualify for an exungement, under certain circumstances, an individual's criminal record can be sealed, which means they are no longer available to be viewed by employers or other members of the public. Unlike records that have been expunged, records that have been sealed are technically still available to law enforcement agencies and can be viewed by members of the public who obtain court orders. The offenses with which you were charged, particularly the aggravated battery, may be hard to expunge/seal, however an attorney that handles these type of cases will know how to handle this. You should consult with one in your area. In the meantime, for further on-line information go to: http://www.state.il.us/defender/exp.html


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption