In May of 2013 I got a class A misdemeanor for speeding over 35 mph. How long does it stay on your record? Is it possible to expunge it? I also got a regular speeding ticket (speeding 15 mph over the speed limit) about half a year ago. Will this ticket affect the length of misdemeanor?
A Class A misdemeanor stays on your criminal record forever, unless it is expunged/ Non-criminal traffic tickets are subject to traffic records only and stay on your abstract unless and until the SOS deeds it appropriate to let the record drop off after the proper number of years. Basic traffic citations to not show up on criminal records.
Some useful information:
Here are the forms you will need: http://www.illinoiscourts.gov/Forms/approved/expungement/expungement.asp
You can seek expungement without an attorney. If and when you qualify for expungement can be reviewed at the following links.
For Cook County:
http://184.108.40.206/newsite/GI_NEWS/newscontent/Events/2016/2016ExpungementandSealingPacket .pdf (Cut and paste link into browser.)
or for outside Cook but still in Illinois, go to: http://www.illinois.gov/osad/Expungement/Pages/default.aspx
I would suggest you first obtain a certified copy of the disposition of your case because if you succeed in having it sealed, it will never be available to you again and you might need it in the future to explain your background. You can get it from the Clerk of the Circuit Court where your case was heard. Then file for both expungement and sealing.
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Check your facts and get a copy of your abstract. I'm not sure your '13 offense was a an A. Probably can't ever be expunged but take you abstract and sentencing orders to a traffic lawyer.
I don't know if you had a lawyer represent you when you were convicted on the 2013 super speeder, but if not, it's a classic example of why people should hire lawyers for traffic matters. A lot of people wrongly think that it's not important, or that it's just as easy to mail in the fine, or worse yet, simply blow off court. But when your license becomes suspended because of too many moving violations, or when, like you, you try to expunge what appears to be a conviction, you realize that hiring a lawyer before it becomes a problem, would have been the prudent thing to do.
Hope your situation works out.
If we are talking a state speeding traffic ticket it cannot be expunged as detailed, however, if one motorist receives a supervision on a state moving violation that recedes from one's driving abstract with a passage of time in six years if I am not mistaken.
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If you were convicted, as opposed to receiving supervision ( an eventual dismissal if there is compliance), the conviction is permanent. A conviction cannot be expunged. The new speeding ticket should not impact the length of your misdemeanor disposition. If you were on some type of court order, i.e. supervision, conditional discharge or probation, the speeding charge would be a violation of any court order. This means your misdemeanor court order could be revoked and you could be sentenced again to the penalties of a Class A misdemeanor.
In 2013 the offense of speeding 35 mph over the speed limit would have been a Class B misdemeanor, if the officer wrote the ticket under the misdemeanor speeding statute. If you received a conviction for the offense, the ticket will remain on your record permanently. If you received supervision, the ticket will not be on your public record, but on your court purposes driving record.
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