Se habla Español | Wir sprechen Deutsch | Mówimy po polsku
Spanish Translation German Translation Polish Translation
Contact us for your initial consultation
847.577.8700
posted on 7/28/18

Relief from a prior drug conviction is a common feature of many marijuana legalization pushes, and also one of the most attractive features of these initiatives. Currently, marijuana is a controlled substance under both state and federal law. Any conviction is serious business. Typically, the record does not specify the type of substance. So, many people assume that when they see a drug conviction on your record is for something much stronger, like LSD or cocaine.

Partially in response to these concerns, Illinois lawmakers recently expanded the state’s expunction and sealing programs. Now, more defendants are able to take advantage of one of these remedies. An experienced attorney can fill you in on the important details, but below is a general outline of both proceedings.

Record Expungement in Illinois

Expunction is the complete removal or destruction of all criminal records. Once a criminal record is expunged, it is against the law to mention it. Expungement in Illinois is not quite the same thing as a time machine, but it is pretty close. If the petition is successful, for all intents and purposes, the entire arrest and court proceeding never occurred.

To qualify for expungement, the case must have one of the following dispositions:

  • Acquittal,
  • Dismissal (usually a nolle prosse or other dismissal that reflects a lack of probable cause),
  • Successful completion of court supervision, which is a type of informal probation available in some cases, or
  • Completion of qualified probation.

The types of probation include first-time marijuana possession probation, TASC (Treatment Alternatives for Safe Communities) probation, OIP (Offender Initiative Program) probation, and second-chance probation. Some offenses, such as DUI and most sex offenses, do not qualify for expunction regardless of the type of disposition.

In the first two cases (acquittal or dismissal), there is usually a two-year waiting period for expunction. If the defendant successfully completed a qualified probation, the waiting period is usually five years.

Sealing Criminal Records in Illinois

Record sealing is more widely available than record expungement. For example, if the instant case is a misdemeanor, you may be eligible for record sealing even if you have had records sealed or expunged before. Generally, expungement is a once-in-a-lifetime arrangement.

Once a record is sealed, it still exists, but it is only visible to law enforcement, the courts, and a few other groups. People with sealed records may legitimately say that they have no conviction records. The waiting period varies as well, but it is usually two or three years. That waiting period may be a little shorter, or the eligibility rules may be different, if the defendant is a student or a veteran.

Procedure for Expungement or Sealing in Illinois

Typically, the procedure is the same for both forms of relief. After the waiting period expired, the defendant must file a petition with the sentencing court. The prosecutor normally does not oppose these petitions, but there are always exceptions. Once the petition goes to the judge, the defendant has the burden of proof to show that s/he is eligible and that expunction or sealing would be in the defendant’s best interests. Normally, these things are easy to show, as well.

If the defendant’s petition is denied, or the defendant is not eligible, there are some other options. One is executive pardon. That process is daunting, but not nearly as daunting as some people believe it is.

Rely on Aggressive Attorneys

A drug conviction does not necessarily follow you forever. For a confidential consultation with an experienced criminal defense lawyer in Schaumburg, contact Glasgow & Olsson.

(image courtesy of Amritanshu Sikdar)