Legal Question in Criminal Law in Illinois

My daught was with someone who stoled from Woodstock, IL, Walmat. The police tried to have my daught contact us to pick her up at Walmart, since she was not the person who took the item. We were unavailable and couldn't be reached. So the police took her to the police station where they gave her An Informal Station Adjustment Form for the offence of Retail Theft - 720 ILCS 5/16A-10. She now has a curfew of 8pm and other conditions of adjustment to follow for the next 90 days. My daughter did not steal anything and is guily of nothing except being with this person when they stoled. Is there anyway to get this Informal Station Adjustment rescinded? If so, how. Also will this Informal Station Adjustment and her fingerprints be on file forever and count against her in the future or is the juvenile record sealed at 18 years old? This all happened in IL.

Cheryl


Asked on 4/18/11, 10:24 am

1 Answer from Attorneys
Stephen Messutta

A station adjustment is the police's discretion not to charge her formally. The good news is that she doesn't have to go to court and prove anything; the bad news is that she is subjected to "punishment" by the authorities, even if she did nothing wrong other than perhaps hang with the wrong people, but the good news is that even though there's a record, it is not made public because she was a juvenile, and Illinois has an expungement process for people (you called it rescinded) and no this does not have to become a permanent record.

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Answered on 4/20/11, 8:45 pm


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