This is the second post in a series of articles which will discuss the process of expunging juvenile criminal records related to sex offenses in Peoria and other Illinois areas. My last article provided a general understanding of Illinois laws regarding juvenile criminal records. It also stressed the importance of retaining an experienced criminal lawyer to assist you. I also discussed the difference between expungement and sealing of one’s records. In this article, I will discuss how one can proceed in having their juvenile sex offense records expunged. If you or someone you know needs assistance, contact my office today to speak with an attorney.
Under the Juvenile Expungement Act, to expunge records, all of the juvenile court proceedings related to the arrest and cases you are seeking to expunge must be completed. The completion of all proceedings includes the need to be registered as a sex offender. Once the legal process has been completed and you are no longer required to register as a sex offender, you will have to wait period of time before you can seek expungement. Typically, this wait time is two years. In the case of juvenile sex offenses, you will then need to petition the court for expungement.
To petition for expungement, you must first collect your juvenile records and determine your eligibility. Once you have determined whether you can apply to have your record erased, you must fill out documents and submit them to the court where you are applying for expungement. Once the petition is filed, law enforcement agencies will have the opportunity to object to the request. They will file a written objection that you will receive a copy of. Petitioners (you) may be required to attend a hearing to respond to any objections by law enforcement.
If a hearing is scheduled, you must attend. If you are not present at the hearing, the Judge will not be able to ask clarifying questions, which could lead to your request being denied. At the end of this court hearing the Judge will decide whether to expunge your record. The Judge’s determination will be based on the specific facts of your case. If successful, it is very important to retain the final court order in your records. If denied, you may request reconsideration from the legal system or appeal the courts’ decision.
I am a Peoria, Illinois attorney assisting individuals in expunging their juvenile sex offense records. In your initial consultation I will gain an understanding of your case, and help you gather information to determine whether you are eligible for expungement. I will then complete each step of the process, and persuasively present your case to the Judge. I have experience with our local court system and can help you navigate the process from start to finish. In addition to Peoria, I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford. I also handle federal cases in Urbana.