CHICAGO - Governor JB Pritzker today signed into law Senate Bill 3463, an amendment to the Juvenile Court Act, which creates a clear process for implementation of already existing juvenile expungement laws. ?
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“It is no secret that the procedures of our court system can be difficult to navigate. People deserve to know what resources and rights are available to them,” said Governor JB Pritzker. “By cutting red tape and creating a process where expungement is more accessible, we can create more opportunities for more people who perhaps made a mistake when they were young, as we all have. This is a step in the right direction and I am proud to sign this legislation.”
“The juvenile justice system is grounded in the science of juvenile and adolescent brain development,” said Illinois Department of Juvenile Justice Director Robert Vickery. “This legislation recognizes that young people may make mistakes on their path to adulthood, but should not have long-term, detrimental consequences as a result.”
“I’ve seen first-hand in my court room the vital role expungement plays in removing barriers to social service programs, education, housing, and employment for juveniles who have completed their sentence,” said Circuit Court Judge Chantelle Porter. “Removing administrative hurdles that prevent eligible youth from having their records expunged is a great step forward.”
SB 3463 is intended to automatically schedule expungement hearing date for juveniles. Additionally, eligible juvenile records can now be expunged two years after a sentence ends, to allow the court to schedule the expungement date when the sentence ends or when a young person is sent to the Department of Juvenile Justice. This will allow both greater flexibility and more accuracy, so that the judge has the most up to date information about the young person’s future eligibility upon setting a court date. This will reduce the likelihood of multiple court dates having to be scheduled.
Under current law, courts are required to automatically order expungement in certain juvenile cases, but statute does not require that the order is automatically put on the call, meaning that the juvenile must proactively follow a complicated process two years after their case has been adjudicated. After a case had been adjudicated and the sentence completed, the juvenile may not know or remember to seek expungement. As a result, they may no longer have representation. It is also possible that the individual may get a job that is not impacted by the adjudicated delinquent status and move forward. However, later in life, if they lose that job or seek to transition to another opportunity, that status may resurface as an issue.
Illinois now joins 22 other states with laws that automatically seal or expunge juvenile records in certain circumstances. This will help those juveniles who forget to seek expungement after their adjudication.
SB 3463 is effective January 1, 2025.
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