One common expungement misconception that I often hear is the notion that, after a certain length of time, the criminal record will automatically expunge. This is not the case, no matter how old a case may be. However, that may change for certain juvenile records. Under a new bill proposed by Rep. Arthur Turner, arrest records of juveniles will automatically expunge when the juvenile reaches 18 years old. The automatic expungement would only be for juveniles that were arrested and released without being charged in court.
This is a good bill because it protects juveniles that may not be well-informed of the judicial process. Most juvenile records are eligible for expunging after a certain length of time, depending on the details of the case. For those juveniles that are arrested and charged in court, they will be informed of their ability to expunge during the adjudication. Their defense attorneys or the judge will be there to explain when and how the juvenile can expunge the case from her criminal record. But if a juvenile is arrested and released right away, she may not ever speak with an attorney to learn her eligibility. She may not even realize that a record of the arrest is made and kept.
According to the Chicago Sun-Times, about 75% of juvenile arrests in Cook County do not result in charges. These juveniles shouldn’t be punished for their cases not being as severe as those for whom a delinquency petition was filed. Otherwise they may only learn of their need for an expungement after a job/opportunity was already lost.
This is a good bill because it protects juveniles that may not be well-informed of the judicial process. Most juvenile records are eligible for expunging after a certain length of time, depending on the details of the case. For those juveniles that are arrested and charged in court, they will be informed of their ability to expunge during the adjudication. Their defense attorneys or the judge will be there to explain when and how the juvenile can expunge the case from her criminal record. But if a juvenile is arrested and released right away, she may not ever speak with an attorney to learn her eligibility. She may not even realize that a record of the arrest is made and kept.
According to the Chicago Sun-Times, about 75% of juvenile arrests in Cook County do not result in charges. These juveniles shouldn’t be punished for their cases not being as severe as those for whom a delinquency petition was filed. Otherwise they may only learn of their need for an expungement after a job/opportunity was already lost.
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