The Bar News

Juvenile records and expungement

Public Act 96-707 (Haine, D-Alton; Turner, D-Chicago) provides for a hearing to be held when a juvenile with a first-offense misdemeanor turns 18 or upon completion of the sentence, whichever comes later. If local prosecutors do not file objections, expungement will be automatic. The limited objections that may be considered by a judge include the following: (1) if the arrest was for a homicide, an offense involving a deadly weapon, a sex offense, or aggravated domestic battery; (2) if the offense for which the minor was arrested is still under active investigation; or (3) if the minor is a potential witness in an upcoming court proceeding. Public Act 96-707 also prohibits the transfer of confidential juvenile arrest records from the State police to the Federal Bureau of Investigation to prevent the unnecessary release of confidential juvenile data. Effective January 1, 2010.
Posted on September 2, 2009 by James R. Covington
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