How canI find out ifI am eligible for an expungement?
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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 13 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
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