Sentencing Hearing: A hearing, held after the minor has pled guilty or been found guilty, to determine whether he/she should be made a ward of the court,
in which case the court will have jurisdiction over the minor and impose certain orders on the minor. The minor may be sentenced to supervision, probation,
or may be committed to Department of Children and Family Services (DCFS) or a residential placement. The minor may also be sentenced to the Department
of Juvenile Justice for an indeterminate period which may not extend beyond his/her 21st birthday. Many factors are taken into account in the hearing,
including:
• The punishment the law requires for the crime for which the defendant was found guilty
• Testimony of people who speak at the sentencing hearing on the defendant’s behalf
• The victim impact statement, which a victim, or a victim representative, may write to explain how the victim’s life has been affected by the
minor’s actions. The victim can explain the emotional, financial, and physical damage they have experienced as a result of the crime. A victim in a
delinquency case may present a victim impact statement when the minor is charged with a violent crime. A violent crime is defined as any felony
involving the use of force or the threat of force. This includes sex offenses, domestic battery, violation of an order of protection, stalking, or any
misdemeanor or DUI which involves death or great bodily harm to the victim. Victim impact statements must be in writing and prepared with the
assistance of the State’s Attorney’s Office.
• Juvenile Probation prepares a Social Investigation for the court and the attorneys. It contains information regarding the social history of the minor
who is being charged. This report aids the court in sentencing the minor. A restitution report will also be submitted to the courts for review. All those
listed as a victim in the petition will be contacted to discuss this information.
Adjudicated a Ward of the Court: The minor has been found guilty of the crime in question and will be ordered by the court to successfully complete the
terms and conditions of his or her sentence.
Expungement Process
Juvenile Expungement: Expungement of juvenile records in Illinois is governed by statute 705 ILCS 405/5-915. Once trial court enters an order expunging
a juvenile record, the offense is treated as if it never occurred. If an inquiry regarding an expunged juvenile record is made, law enforcement and government
offices and agencies must respond that no record or file exists regarding that person.
Qualifying for Expungement of a Juvenile Record: A Juvenile Record may be considered for expungement if he/she falls into one of these two categories.
Category No 1: If he/she is at least 18 years old and can answer “Yes” to ANY of the following questions:
1. Was he/she arrested and not charged?
2. Was he/she charged but not found delinquent (not guilty)?
3. Was he/she placed under supervision and, if so, did he/she follow all of the rules of their supervision so that it was successfully terminated?
4. Was he/she adjudicated deliquent (found guilty) for an offense that if committed by an adult would be a Class B misdemeanor, Class C
misdemeanor or a petty or business offense?
Then the juvenile record can be expunged. Use the “Category 1” Petition.
Category No 2: For any juvenile incidents that do not fall into Category 1, he/she may still have their juvenile record expunged except those
proceedings based upon (1) first degree murder or (2) sex offenses which would be felonies if committed by an adult, SO LONG AS he/she can answer “Yes” to
ALL of the following questions:
1. Has he/she NO convictions for any crime since their 18th birthday?
2. Is he/she at least 21 years old?
3. Has it been at least five years since his/her last juvenile court proceeding was terminated?
4. Has it been at least five years since his/her commitment to the Department o