For this reason, Illinois legislators offer former offenders the chance for a “do-over” through expungement and record sealing.

These laws are especially lenient if you committed crimes before you turned 18. Today’s post covers some of the most common questions we answer about the juvenile expunction process.

Why Should I Expunge or Seal My IL Criminal Record?

A: To Ensure Your Right to Equal Opportunity

Criminal records are public information. Employers, landlords, and college admissions officers can all access this information and make life-changing decisions based on what they find. Expungement and criminal record sealing allow you to present a more professional application.

Even for offenses slated for automatic expunction, it is important to follow up on whether or not the records were ultimately cleared. Don’t let an admin error affect other areas of life.

IL Criminal Record Sealing or Expungement: What’s the Difference?

A: One Just Hides Your Past, the Other Erases It

When criminal records are sealed, they are hidden from the public view. However, some employers and agencies will still be able to request access to the records.

Expungement erases criminal records to just about everyone, although law enforcement officers may be able to access them if the offender commits crimes in the future.

What Juvenile Crimes Can Be Expunged in Illinois?

A: Nearly All of Them Besides the Worst Violent Offenses

Most juvenile arrests, charges, and convictions can be expunged and hidden from public view. Depending on the nature of the crime, you might have to wait a certain period of time in order to qualify for expungement.

Juveniles who commit murder or serious sex convictions, however, cannot apply for expungement. Additionally, rules differ slightly when the crime was committed by someone who has already turned 18.

Does My Child Have to Wait to Apply for IL Expungement?

A: Yes. Waiting Periods Depend on Factors Like Age and Type of Crime

Depending on your child’s juvenile record, you may have to wait to get their record expunged. If your child has felony or Class A misdemeanor convictions on their record, they will have to wait:

• Until they are 21 years old, or
• Five years after their sentence has ended (if no additional crimes have been committed)

What Are the Waiting Periods for Crimes Automatically Expunged?

A: Typically Between 1 and 2 Years

In some cases, the records are automatically expunged and you won’t have to do a thing. Illinois law states that some records are automatically expunged, but the offender typically has to wait one or two years before this process occurs. Here are three common examples:

Arrests: Arrests are automatically expunged after one year if the juvenile has not been arrested for subsequent crimes.

Charges: If charges are dropped or a case ends in the court finding the juvenile to be not delinquent, records will automatically be expunged.

Class B or C Misdemeanor Convictions: Class B and C misdemeanors, along with petty offenses, include some of the least serious crimes. Courts should automatically expunge these records upon sentence completion.

How Can We Apply for Expungement in Illinois?

A: Reach Out to Your Local Court Clerk or Contact an Experienced Juvenile Defense Attorney to Apply

Expungement requires filing paperwork with the local court, paying fees, and possibly go to a hearing. A criminal defense lawyer can help you through each step of this process to ensure that all paperwork goes to the right place and that the hearing goes smoothly.

The process usually involves completing a Request to Expunge Juvenile Records form and additional paperwork for scenarios involving multiple arrests or various locations.

These forms are submitted to the Circuit Clerk in the county where the arrests or charges took place. Any court documents that are required with the paperwork can be submitted by e-file.

We Received a Notice to Appear; What Happens at This Hearing?

A: The Juvenile Will Answer Questions and Respond to Any Objections

If your records are expunged without a hearing, you will get a notice in the mail. If you have to attend a hearing, it is imperative that you arrive on time and present a case for why these records should be hidden.

During your hearing, you may have to answer questions about your criminal history or respond to objections to your expungement request.

My Request for Expungement Is Approved; How Long Will It Be Until My IL Criminal Record Is Cleared?

A: Generally, 60 Days

At the hearing, a judge will decide whether your request for expungement is approved or denied. You should get paperwork that states the judge’s decision.

Then, the court officially has 60 days to expunge the records after the final decision is made.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Did you know that most colleges require applicants to disclose their criminal history, even for offenses committed as a juvenile?

Having any kind of criminal record, even for offenses committed before the age of 18, can severely hamper college admissions potential in a myriad of ways.

In today’s post, we take a closer look at how an Illinois juvenile conviction could negatively impact college admissions. We also share one solution that often prevent a juvenile record from impacting an applicant: having criminal records sealed or expunged.

Criminal History Questions are Common in College Applications

Between 60 and 80 percent of private colleges and universities (and more than half of public institutions) require prospective students to answer questions about criminal history as a part of the application process.

A full background check is most common at four-year institutions, but nearly 50 percent of all two-year community colleges also have at least some questions about criminal history.

Questions generally include offenses committed as a juvenile. Applicants may be asked to disclose prior arrests, regardless of whether charges were actually ever even pressed, or when the charges were dropped altogether, as well.

Arrest records also show up on criminal background checks, which many colleges run routinely, as well. No matter the case, we do believe honesty is always the best policy.

Share what you know. Inconsistencies between your story and what their records show will flag an application for sure.

Most college and university applications initiate this sort of “investigation” by requiring students to check a box admitting to a criminal record.

“Checking the Box” Could Mean the End of a College Education

While the majority of higher education institutions expect those who’ve “checked the box” to personally disclose pertinent information, others run extensive background checks on their applicants.

On top of this, some offenses will render you and your future college attendee ineligible to apply for federal financial aid. Because of this, checking the box could mean the end of a college education for many.

In fact, paying tuition (among other costs) is simply impossible without some form of financial relief for most Illinois families.

Checking the box is only the first step, however. Regardless of the method, the scope of criminal history screening for a college application these days goes beyond that of most employers.

Criminal History Q&A Is Deeper Than Most Employment Applications

You may be hearing for the first time in this article that the scope of criminal history investigations on college applications generally exceeds that of normal employment applications.

Although all employers have different hiring procedures, most employment applications do not ask about arrests, and many employers only require applicants to disclose felony convictions.

Contrastingly, most colleges and universities require applicants to disclose all criminal history, including arrests, juvenile offenses, and misdemeanors.

How a Juvenile Criminal History Affects Admissions Decisions

So, we know that most colleges either require students to disclose criminal history or they run background checks on applicants. But how does this actually factor into admissions decisions?

For elite schools with a highly competitive admissions process, a criminal history could severely hamper your chance of being accepted, even if you’re otherwise a highly competitive applicant.

For other schools, it may come down to individual institutional preferences and policies surrounding safety concerns.

Campus sexual assaults and student violence are two highly scrutinized crimes by the public, so many universities hesitate to admit students with a history of violent or sexual offenses.

Other low-level crimes such as petty vandalism and low-level cannabis offenses are more likely to be overlooked.

Still, should any criminal history questions or criminal background checks yield a record, it will likely compromise your child’s acceptance to that particular school. Therefore, you may need to cast a wider net for college applications.

That being said, there is still an option for many college hopefuls with blemishes on their records.

Can Illinois College Applicants Get Their Records Expunged?

Fortunately, many Illinois college applicants are eligible to petition for criminal record expunction or sealing, especially for offenses committed as a juvenile. This process allows many young adults to pursue a college education and a bright future, by leaving past transgressions where they belong — in the past.

Taking the time to learn more about the Illinois criminal record sealing and expunction process could mean the difference in your child becoming the success they dream.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Most parents fear, on some level, that their children will have a brush with the law. The reality is even good kids do dangerous or stupid things on occasion. If they’re caught, they could face serious legal trouble.

As a parent, your first inclination is to help your child in any way that you can. This is a good approach. However, being informed about the juvenile criminal justice process can help you avoid inadvertently incriminating your child, or unknowingly encouraging your child to incriminate him- or herself.

Below, we provide a guide for how to help your child through legal trouble, and steps you can take to prevent future run-ins with the law. For questions regarding a particular issue you and your child are facing, reach out to a Chicago defense attorney experienced in juvenile law.

Talk to Your Child

First thing’s first, talk to your child. This will be an emotional conversation, but the best thing you can do if your child is arrested is remain calm, and hear your child’s side of the story. Encourage honesty, and take notes to remember important facts.

It’s also important to make sure that your child is aware of his or her legal rights while in police custody. Advise your child not to talk to the police without an attorney present.

Advise them to politely say “I’m very sorry, but my parents have told me that if I’m questioned by the police, I’m not to say anything but my name. I want to get a lawyer, and won’t answer any more questions.”

On this note, it may be wise to have this conversation with your child even if he’s not in trouble with the law. Advising your child to keep his rights protected in any situation could save heartache down the road.

Don’t Pretend You’re a Criminal Lawyer

On a similar note, avoid playing legal counselor yourself. Remember that the police are not on your or your child’s side, and that anything you say to the police could be used against your child, too.

Many parents inadvertently incriminate their children when they’re only trying to help by explaining the situation to the police.

Contact Legal Representation

To ensure your child’s rights are protected, contact legal representation as soon as possible. Do not talk to the police or allow your child to talk to the police without an attorney present.

Juvenile suspects in particular are often frightened by interrogation, and can even make false confessions in an effort to appease their interrogators. It’s therefore very important to make sure your child’s rights are protected.

An attorney can also provide you with more information regarding the charges against your child, and can help you evaluate available options.

If the prosecution is attempting to try your child as an adult, an attorney may be able to keep your child out of the adult court system.

Take Care of Emotional Needs

Dealing with the legal ramifications of your child’s arrest is always a priority. At the same time, remember that there will also be a significant emotional fallout during this process that often affects the whole family.

Don’t ignore the feelings you’re having, and address how your child and other family members are feeling as well.

Consider Counseling

If your child has a brush with the law, this will have a huge emotional impact on the entire family. Consider speaking to a counselor yourself, and encourage your child to go to counseling too.

Sometimes this initial counseling can lead to help addressing any underlying emotional problems that may have contributed to your child’s criminal behavior in the first place.

Dealing with the arrest of a child is difficult for any parent. Your best effort in understanding your child’s side of the story, knowing what to do, and making sure that your child’s rights are protected will make all the difference. About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

How to people learn? By making mistakes.

Everyone has to live a little, experiment with their surroundings, and make mistakes in order to learn for themselves how the world works.

At no time is this truer than when we are growing up – and as we grow, the potential of those mistakes to be bigger and more impactful grows with us.

Which brings us to teenagers. According to all available scientific evidence, teens are primed for this kind of behavior because the adolescent brain hasn’t finished developing in the areas that allow them to check many of their worst impulses.

As associate Professor of Psychology and PhD Jason Chein states, “If an opportunity seems like it will be emotionally arousing, [adolescents’] brain systems are primed to take action, rather than think about the long-term consequences.”

This is why it’s imperative to create an environment in which teens can learn to make good choices. Unfortunately, the opposite is often true as well – if teens are not given the tools and social support they need to choose wisely, it’s not uncommon for them to head down a dark path. In some cases, this can even lead to them engaging in criminal behavior.

There are certain key structures which allow young people the freedom to explore themselves and their place in the world in a safe and constructive way, and breaks in them can leave developing adolescents at higher risk for juvenile delinquency.

In this post, we’re going to take a look at some of the factors that can make a teenager more at-risk for committing criminal acts.

Contributing Economic Factors

Not surprisingly, studies show that when children experience deprivation of basic needs such as hunger, poor housing, and homelessness, they are at much greater risk of engaging in criminal activity.

Sometimes it’s a means of emotional escape. In other cases, it’s an attempt to improve their poor economic conditions. Unfortunately, it is not as uncommon to see teens facing charges of theft when their families are unable to meet their needs.

Stealing is just the tip of the iceberg. Some teens sell drugs or stolen property in order to improve their own – or their family’s – economic situation.

If your teen is facing charges you believe may have been caused by poor economic conditions within your family, an attorney specializing in juvenile crimes can advise you on how to reach the most beneficial outcome for his or her future.

Mental Health

If you have a child who struggles with mental illness or behavioral problems such as aggression, hyperactivity, or ADD and their condition goes untreated and unchecked, they may be more likely to engage in illegal activities.

There are a number of programs available through the State of Illinois for concerned parents in need of assistance. Checking into them may be the difference between contentment and a life of crime for your child.

Although every parent must face emotional ups-and-downs with a teenager in the house, careful guidance and attention (whether it’s wanted or not) is the best way to equip particularly emotionally-charged teens to face those influences beyond your parental control.

Peer Influence

As shored-up as you can make your child’s home environment, their friends and outside social life are going to play a pivotal role in influencing them. There are, however, situations and reasons where peers might have an even greater influence over your teen.

These include:

• If your teen has high proportion of unsupervised time with peers
• If peers are involved in problem behavior
• If peers solicit involvement in problem behavior early
• If bullying is involved

Labeling

Despite experts cautioning that labeling juveniles as gang members can create a stigma that causes lifelong problems for them (yet serves little purpose for police), The Chicago Tribune reported recently that nearly 33 thousand arrested juveniles have been labeled as such by Chicago police over the last two decades.

When you are told by someone with authority (like the police) that you are something before you’ve ever had a chance to figure out who and what you can be, the label often sticks.

Lack of Involvement/Lots of Free Time

If these aren’t the issues for your at-risk teen, perhaps they are just bored. Picking up a part-time job or joining social clubs or team sports can provide the sense of community they may be missing.

Psychological research on brain development and teen impulsivity continues to change the way the justice system treats teens overall. We still have work to do, but these changes are trickling down to interventions that could help keep them out of the system in the first place.

For instance, the Illinois criminal justice system recently increased second chances to juvenile offenders through House Bill 3817, which expanded juvenile criminal records eligibility for automatic expungement at age 18.

We understand now that adolescence is a time when the brain has increased sensitivity to rewards and that with more time for development, adolescent brains are better able to consider the long-term implications of bad decisions.

Being aware of the influences both at home and at large is the first step to helping prevent your at-risk teen from committing juvenile crimes.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Although Chicago jails are packed with offenders of low-level drug crimes, the drug crime rate in the city continues to trump national averages. Every month, hundreds of marijuana arrests are made in Cook County alone.

As Cook County State Attorney Anita Alvarez explained to reporters from the Chicago Tribune, “what we are currently doing here in Cook County in handling our low-level drug cases is simply not working”.

In an effort to find a more productive approach to low-level, nonviolent drug offenses, the state’s attorney’s office is changing the way it handles low-level drug crimes. How so? Last Monday, the state’s attorney’s office announced that it will no longer prosecute low-level drug crimes.

Instead, the office will dismiss misdemeanor marijuana cases for offenders with fewer than three arrests, and redirect nonviolent offenders with low-level felony cocaine, heroin, and marijuana possession charges to drug treatment programs. In addition, the state’s attorney’s office will assign juvenile offenders of low-level drug crimes to local programs for education and mentoring.

The state’s attorney office’s decision aligns with the national trend towards decriminalizing low-level drug offenses, and addressing chronic drug use and addiction as an issue of public health. Similar programs in Brooklyn, Seattle, and Santa Fe are also under work.

A Stop to Prosecutions Doesn’t Mean a Stop to Arrests

However, it’s important to remember that the Cook County State’s Attorney’s decision to end prosecution of low-level drug crimes doesn’t mean an end to arrests. Alvarez assures opponents that she isn’t advocating the legalization of drugs, or encouraging people to be drug users.

In fact, State’s Attorney Anita Alvarez urged Chicago police officers not to stop making arrests of low-level drug offenders, as this is the only way to ensure chronic drug abusers receive the treatment they need.

By diverting chronic drug users to drug treatment programs and social services, our state’s criminal justice system will be able to invest more of its attention on violent and gun crimes.

What this Means for Your Drug Case

Under the state’s attorney’s program, the following types of cases may be diverted to social programs and drug treatment in lieu of criminal conviction:

• Possession of marijuana
• Possession of a gram or less of a controlled substance such as cocaine or heroin, except those with major violence in their recent criminal background
• Low-level juvenile drug crimes

If you are facing any kind of drug charge in Chicago, you need to contact an experienced drug crimes defense lawyer and begin to prepare your case if you want to benefit from the state’s attorney’s new program.

There are many different types of drug charges, and the severity of the charges are based on a variety of factors. Different charges mean different consequences. For instance, if you are able to have your marijuana possession charges labeled as a misdemeanor, you may be able to have your case dismissed entirely under the state’s attorney’s new program. If you are charged with the lowest level felony for possession of a controlled substance, you may be able to qualify for drug treatment and social services.

A lawyer with experience in Chicago drug crime defense can help you understand the charges facing you, and explore your best strategies for defense. A competent criminal attorney can protect you from unduly harsh sentencing, fighting for your right to rehabilitation services under Cook County’s pioneering program and helping you avoid conviction.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.

However, in Chicago, drug crimes are still taken very seriously. Possession of any illicit substance by a minor will not be tolerated. If your teenager gets caught using drugs, they could be facing some very serious consequences.

So why do they do it?

Why Teens Get Into Drugs

There are countless reasons why a young person may start using drugs, and entire volumes have been written about the subject, so this is only scratching the surface, but some of the most common reasons include:

Peer pressure. For teens and young adults, coping with peer pressure can be one of the most awful parts of adolescence. When you’re a teenager and it feels like your whole world is ruled by one group, you want to do everything they do. You want to stay as cool as your friends, or as cool as the popular crowd, or as cool as your older cousins. If one person says that drugs are cool, drugs are cool. Sometimes, that’s all it takes.

Media and celebrity. The media is probably the biggest influence on young adults and their behaviors. As soon as one dreamy actor or actress is seen onscreen with drugs, they can become cool in the eyes of teenagers. This can be dangerous, especially since drug use is so falsely sensationalized and glamorized in many movies and TV shows.

Rebellion. Oftentimes, teenagers are all too eager to do exactly what their parents tell them not to do. The second drugs become “off limits,” they become the hottest commodity. In other words, because drugs are forbidden, they are coveted.

Coping mechanism. There’s no denying that adolescence is a very difficult stage. More than adults may realize, young people are often experiencing very real day-to-day struggles—from heartache to social anxiety to depression. If anything is going wrong in a teenager’s personal life, she may consider drug use to be a useful tool—a way to help her cope and deal with the pain she is feeling.

Whatever the reason, getting involved in drugs can potentially ruin a young person’s life. The consequences that a young man or woman could face as a result of using drugs are varied and numerous, and although public opinion about drug use may be changing, the risks largely remain the same. Worst of all, one mistake can literally ruin your life if you end up being convicted on a drug charge. If you’re arrested, you have to take action.

What to Do If You’re Charged

First, it’s important to understand that there are different charges associated with drug use, from drug possession to intent to deliver. The severity of the charges also varies based on factors such as the type of drug that an individual was found with and whether or not the accused has a criminal record. Different charges mean different potential consequences, and only a knowledgeable attorney will be able to fully explain the nuances of Chicago drug law.

Because so much is at play and so much is at stake, it’s crucial that you talk to a lawyer who knows how the prosecution thinks and can craft a defense designed to thwart their efforts to get a conviction. If your teenager is charged with a drug crime, don’t let these charges ruin his or her life. Contact an drug crimes attorney with a track record of success today.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, Murder, and drug crimes.