Advantages And Disadvantages Of Sealing Records

Expunging and Sealing Record in Illinois

To expunge or seal a juveniles record, basically helps them to start over. To expunge a record means to destroy or delete it and to permanently remove it from the courts records or to return the records to the petitioner and to remove the petitioners name. A petitioner is a person who makes a written request to the court. To seal a record, simply means that the file is not available to the public without a court order (removed from the courts mains section of records), the only people who could have access to the records are law enforcement and the courts. In the state of Illinois, juveniles are able to seal or expunge records. The state of Illinois has a law called the Criminal Identification
First, you must obtain an arrest history report from where you were arrested and/or the charging and disposition info from the circuit clerk. You will have to pay a fee and are required to bring two or more ID’s (picture ID’s not mandatory but would be preferred). If you are under 18 you must have a parent/guardian with you. For the state of Illinois there are two petitions, you must figure out which petition applies to you. The first petition applies to those who have been involved in an arrest or supervision but has never been put on probation. The second petition applies to those who have been put on probation. After you figure out which petition applies to you, you must fill it out and file it with the circuit court in the county in which you were arrested. It is important for all juveniles to know that you must fill out a separate petition for each arrest listed on your arrest history
Arrest records are usually public but the Juvenile Court act of 1987 makes an exception on all individuals that are under the age of seventeen. If you have committed a serious crime such as first degree murder, aggravated sexual assault, aggravated battery, armed robbery, or possession of a firearm your records may be available to the public but you must be at least fifteen years old. In my opinion, I like the Criminal Identification Act. I think it makes sense and does nothing but try to help juveniles. I think it’s good how juveniles are forced to have guidance, either with a parent or lawyer so they aren’t doing it on their own. The idea of having two petitions is awesome because it helps both juveniles who were on probation and who were not. In conclusion, I think Illinois’ law of expunging or sealing records is great. I think it helps the juvenile try and start over when they become adults. I think it’s a good idea because it gives the juvenile another chance and a fresh start which is somewhat the point of the system, to rehabilitate and help the juvenile, not to punish