Illinois Criminal Defense

EXPUNGEMENT OF CRIMINAL CASES IN ILLINOIS

            The arrest record of anyone ever arrested remains available to the public unless it is expunged.  This is true even if the case is dismissed or there is a verdict of not guilty.   

Expunged or Sealed:  Most criminal records without convictions can be expunged or sealed and even some records with convictions may be expunged or sealed.  When a record is expunged, it is erased, as if it never existed.  When a record is sealed, only law enforcement may view it.  Others, such as the general public, may not.  A record is best expunged, but is still beneficial to have it sealed.  For a record to be expunged or sealed, it must qualify. 

Necessary Information:  To start the process of expunging or sealing a criminal record, it is best to locate all the paperwork relating to the case or cases.  The following information is needed: 

·        Defendant?s contact information

·        Case number

·        What happened in court ? a guilty plea, dismissal, etc.  This is called the ?disposition? on the court record and it can be found at the courthouse where the case was heard.

·        Date of arrest

·        Agency or Police Department conducting the arrest. 

Additionally, it may be necessary to obtain a criminal history. Criminal histories can be obtained from the following places:

·        Illinois State Police, Bureau of Identification,

                               260 North Chicago Street, Joliet IL 60432,                   ·        The FBI, U.S. Department of Justice,                                1000 Custer Hollow Road, Clarksburg WV 26306.                 ·        The circuit clerk of the court where your case was handled. The clerks only have records for their counties not for the entire country or the State of Illinois.  Information for Illinois Circuit Clerks can be found at: http://www.state.il.us/court/CircuitCourt/CircuitCourtJudges/CCC_District.asp

            Records that can be Expunged:  To determine whether a record qualifies to be expunged or sealed, it is best to consult an experienced expungement attorney.  Some qualifying situations are listed below:

·        If the defendant was acquitted, released without conviction, found not guilty or   there was a no probable cause finding, or nolle prosequi (dismissed by the State?s Attorney).

·         Most cases qualify if there was *supervision ordered AND two years have passed since the successful completion of supervision.  The cases listed below require five years.

·        Cases in which an order of supervision or terminating probation was entered AND at least five years have passed since termination.  This applies to the following:

o       Uninsured motor vehicle

o       Suspended registration for non-insurance

o       Display of false insurance

o       Reckless driving

o       Retail theft

o       Certain cases involving Cannabis/Marijuana and Drugs and Alcohol.

·        Cases in which a conviction or sentence has been set aside and the court later determines you are factually innocent

·        Cases in which the governor has issued a pardon

Records that cannot be Expunged: 

·        A finding of guilt, with judgment on the finding, based on either a plea or verdict resulting in a sentence.  This does not apply to probation under the Cannabis, Controlled Substances, Steroid Control, or Alcohol and Drug Dependency Acts.

·        Probation (except under the acts listed above)

·        Supervision or conviction of a sexual offense against a minor under 18 years of age

·        Conditional discharge

·        DUI supervision

 Records that can be Sealed:   Below are some general requirements to have a record sealed.  However, to make sure, it is best to consult an attorney.

·        An adult or a minor prosecuted as an adult for a misdemeanor or municipal ordinance violation, and the defendant:

o       Was Acquitted  (Found Not Guilty)

o       Was Released without being convicted

o       Had a conviction was reversed either on appeal or by the trial judge

o       Received supervision for a misdemeanor AND had no convictions AND was not placed on supervision for a misdemeanor for three years following the termination of the case you are seeking to seal.

o       Had a case that was a qualifying Class 4 felony (possession of marijuana, possession of a controlled substance, and prostitution).

o       Received a misdemeanor conviction AND had no convictions or supervisions for a felony or misdemeanor for four years following your sentence.

·       Court Supervision may follow a guilty plea or a finding of guilt after trial. Supervision, if ordered by the judge and successfully completed, means there is not a record of conviction on the charge.  It should be noted that while supervision does not constitute a conviction, the supervision itself will stay on your public record unless expunged or sealed.  Court Supervision is like a continuance, pending the defendant’s good conduct, with dismissal of the charges upon acceptable compliance.  If the conditions are complied with, there is no conviction.  Supervision can be for up to two years and eliigibility for expunging or sealing does not begin until two or five years after the supervision is over.

If you have further questions about Illinois Expungement Law, please go to:

http://shestokas.com/Ask_an_Attorney.html     

Only matters charged as crimes or business offenses are covered by the information on this page.  Traffic tickets, divorces, or orders of protection are not covered by the rules above.

                                                                                          © 2008 Shestokas, Raines & Malavia

Originally published here.

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