I was involved in a single car accident in Lake County Illinois and charged with DUI & arrested. I got 2 tickets, one for DUI & another for Failure to reduce speed.
I successfully fought the DUI case & court disposition is nolle prosequi & DUi was dismissed completely. I got back my license as well with no charges.
For my failure to reduce speed as well, the disposition was nolle prosequi. I had no charges & paid no fines or fee.
I immediately filed for a petition to expunge.
I got a letter from Illinois State police with no objection to expunge DUI charge.
However, for failure to reduce speed, the objection was under section 20 ILCS 2630/5.2-a-3 and was told this cannot be expunged because of section 20 ILCS 2630/5.2-a-3
I was reading 20 ILCS 2630/5.2 and section 3-b states:
"The court shall not order the sealing or expungement of records of
minor traffic offenses (as defined in subsection (a)(1)(G)), unless the petitioner was arrested and released without charging."
Does "failure to reduce speed" violation stay on my record as an arrest? Can this be expunged as per 20 ILCS 2630/5.2 3-b because I was arrested but later dismissed?
Simply put, you cannot expunge any portion of your traffic record. You received a citation,. You were not arrested.
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Repeat question. There is nothing to expunge viz the 601(a). Convictions are reported to SOS. You were not convicted. Your abstract on that one is clean.
You may have a SSS on your abstract arising from the DUI arrest. No well to tell from your narrative.
I am too late to the party ! My colleagues have answered this question quite well. Pay heed. Good Luck !
In my opinion if the initial arrest was effected as a DUI in Illinois and subsequently amended to a lesser charge or even dismissed an DUI arrest is not expungeable on public safety policy grounds in Illinois.
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