SE Illinois News

Juveniles convicted of minor charges could get a second chance thanks to a bill passed by the Senate on Monday despite concerns raised by Sen. Dale Righter (R-Mattoon) that the measure could have unforeseen ramifications regarding gun permits.

“We run up against processes that are designed to ensure things like people who should be given FOID (Firearm Owners Identification) cards aren’t, where people who desire conceal carry licenses aren’t given those, and I think this is one of those moments like, ‘OK now, we have now limited the ability of the people we are trusting to do the checks to accurately identify people who we have concerns with,’" Righter said. "This is one of those bills.”  

House Bill 3817 amends the Juvenile Court Act of 1987 to allow the arrest records of youths under 18 to be sealed from the general public. The provision applies only to Class B misdemeanors and below. 

The bill also eliminates the age requirement of 21 for petitioning for the expungement of incidents that occurred when the subject was under 18 and states that an adjudicated juvenile cannot be treated as a criminal or convicted. The rule does not apply in cases in which the records are needed for a good cause or are court ordered.

“I think everybody in this chamber knows someone who’s made a mistake before they were at the age of 18," Sen. Michael Hastings (D-Tinley Park), who presented the bill to the House, said. "Whether that was at a party in college -- which I’m assuming at least one member in this chamber had a couple of drinks before they turned 18. Some people make mistakes, and if you go around to a lot of the children in our communities, some of these mistakes follow them to the extent of their live[s]. I think that’s important: that everyone gets a fair shake, because before you reach the age of maturity, you do make some mistakes."

The bill, mostly sponsored by a group of Democratic lawmakers, passed the Senate by a vote of 31 to 20. It was returned to the House for final approval, which was given on Wednesday.