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posted on 4/14/14

Illinois law requires state law enforcement to maintain accurate criminal and court records. This includes information pertaining to arrests, charges, court judgments, sentencing and corrections. Once that information is reflected in a criminal and/or court record (hereinafter referred to jointly as a criminal record), then it becomes part of the public record, which is available for consumption by everyone from law enforcement to potential employers to prospective spouses. The only way to remove that information from the public record is to petition for expungement.

The Criminal Identification Act governs the expungement process. Not every criminal record qualifies for expungement. First of all, only in-state offenses are eligible. This law does not apply to federal or out-of-state offenses. The law also does not apply to every in-state offense. For example, in Illinois, a DUI (driving under the influence) stays on the offender’s permanent record forever. Other offenses that cannot be expunged are:

  • Sexual offenses committed against a minor;
  • Minor traffic offenses, such as speeding;
  • Divorces; and
  • Orders of protection.

It is also important to understand that only certain types of criminal records can be expunged. Convictions–pleading guilty or being found guilty by a judge or jury–do not qualify for expungement. Note that a conviction is not limited to a jail sentence; it can also mean:

  • A fine for violating an ordinance;
  • Time considered served;
  • Probation; or
  • Conditional discharge.

(Keep in mind that different expungement rules apply to juvenile offenders.)

What does that mean then? If you have been released without being charged, if your case has been dismissed, or if you have otherwise been found not guilty, then your criminal record might be eligible for expungement.

The Expungement Process

Once you have determined your eligibility, the next step is to file a petition for expungement. This must be filed with the clerk of the court in the jurisdiction where the arrests occurred or the charges were brought. The petition must contain the following information:

  • The petitioner’s name, date of birth, and current address;
  • The eligible case number, date of arrest and the identity of the arresting officer; and
  • Proof that the petitioner has passed a drug test within the past 30 days (not required with every expungement case).

Once the petitioner has filed his or her petition, the State may file an objection. If that happens then the court will call an evidentiary hearing and decide whether to grant or deny the petition.

If your record is not eligible for expungement, sealing might be another option to consider. The main difference between expungement and sealing is that expungement completely removes your criminal record from the public record while sealing only prevents it from being released to non-law enforcement personnel. We can help you determine whether either course of action is right for you. Expungement and sealing are not simple processes and are best sought with help from experienced counsel. Our attorneys have years of experience erasing and sealing criminal records and are here to help you. We can assist those in Chicago and its surrounding counties.