New Illinois Law Automatically Expunges Records of Juvenile Arrests That Don’t Lead to Convictions

(Chicago) – In early June, Governor Pat Quinn signed legislation to automatically clear arrest records for less serious, non-violent juvenile cases that do not lead to convictions, providing a “clean slate” to young people and avoiding a permanent, professional handicap weighing on their future.

“Many young residents are arrested each year for minor offenses that have the potential to negatively affect their future,” Quinn said upon signing the bill. “These juveniles are often unaware that the record of their arrest can follow them into adulthood.”

The legislation, Senate Bill 978, sponsored by State Senator Kwame Raoul (D-Chicago) and State Representative Art Turner (D-Chicago), automatically clears juvenile arrest records for youth who have since turned 18 years old and have not incurred other subsequent arrests or juvenile delinquency charges in the past six months. Serious felony offenses and sex offenses are ineligible for automatic expungement.

“The substance of juvenile expungement was already on the books, but required lengthy, expensive, and unnecessary legal red tape to achieve,” said TASC President Pamela Rodriguez. “The new law eliminates the burden of going through the time-consuming process of court to expunge his or her arrest record for minor offenses that were not proven.”

Rodriguez added that the new law eliminates a major obstacle on a youth’s path to adulthood.

Raoul hailed Quinn for his “swift action.”

“I’d like to thank the Governor for his swift action in bringing about this forward-thinking change in law,” said Raoul, “which is a step towards ensuring our young adults who are doing the right thing in pursuing opportunities to advance themselves are not handicapped with a criminal record for an offense that was never pursued by prosecutors.”

The new law is effective January 1, 2015.

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