DCFS Expungement Appeals

The Illinois Department of Children & Family Services investigates all reports taken through the DCFS Abuse Hotline.  Initially, an investigator will interview witnesses to determine if the matter should be automatically “unfounded” which means there are no grounds to continue an investigation.  If the investigator finds that the situation requires further inquiry, a full investigation will be conducted.  At the close of this investigation, the investigator (and his/her supervisor) will determine if the case should be “indicated” (retained on the Central Register) or “unfounded” (expunged from the Central Register).  This is important as many jobs which  involve working with children might be precluded if an indicated report remains on the Central Register.  

Rule 300 gives DCFS 60 days from the date the report was made to investigate and make a written determination.  If you are indicated you will receive a written notice informing you of the same and advising you of your appeal rights. These appeals are formally referred to as Expungement Appeals, but are often referred to as Appeals of Indicated Findings.  You must request an appeal in writing within 60 calendar days from the date the notification of decision was set.  You have the right to representation during the appeal process and a right to a redacted copy of the investigative file.  You have the right to an administrative hearing and a pre-hearing conference must be held at least 15 days prior to the hearing.  The hearing will take place at a reasonably convenient location.  

The McCarthy Law Firm has the experience and expertise to assist you through these stressful situations.  Stephanie E. McCarthy previously represented DCFS in over one hundred Expungement Appeals involving indicated reports.  She will use her valuable experience and knowledge of the Appeals process to help you obtain the best possible outcome.

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