EXPUNGEMENT OF A CRIMINAL RECORD - W.Scott Hanken, Attorney at Law, www.hankenlaw.com, 217.544.4057
Section 5.2 of the Criminal Identification Act (20 ILCS 2630/5.2) allows qualifying arrests, supervision and probation to be expunged. If you have ever been convicted of a criminal offense or municipal ordinance violation, your offense may still be eligible for sealing under the Act, but you can not expunge the record of the criminal conviction (with the exception of Honorably Discharged Veterans convicted of Certain Class 3 or 4 felonies).
Only criminal records prosecuted and maintained by the State of Illinois are affected. Federal and out-of-state convictions cannot be expunged or sealed under the Illinois law.
The Criminal Identification Act was designed to expunge and seal criminal records. It does not apply to minor traffic offenses, divorces, the entry of an order of protection or other civil matters. For example, if somebody had an order of protection entered against you, that cannot be expunged or sealed. Also, simple traffic tickets, such as speeding tickets, do not qualify to be either expunged or sealed.
Felony and JuvenileB. Felony Convictions
Certain special felony probations, such as TASC probation or First Offender drug probation under Section 10 of the Cannabis Control Act, Section 410 of the Controlled Substance Act and Section 70 of the Methamphetamine Control and Community Control Act are not considered convictions and may be eligible for expungement or sealing.
C. Juvenile Cases
Juvenile expungement is different from adult expungement. If you were ever charged as a juvenile in the State of Illinois, go to our agency website or contact our office for Juvenile Case information to see if you qualify to expunge your juvenile record. Care must be taken when attempting to expunge a juvenile record.
YOUR CASE MAY QUALIFY for Expungement:If the final disposition of your case was one of the following:
Acquittal (Finding of Not Guilty)
SOL (Stricken with Leave)
FNPC (Finding of No Probable Cause) NP (Nolle Prosequi)
No charges filed Dismissal
YOUR CASE MAY QUALIFY for Expungement: If the sentence you received on the offense was court supervision:
625 ILCS 3-707 Operating an Uninsured Motor Vehicle
625 ILCS 3-708 Suspended Registration for Noninsurance
625 ILCS 3-710 Displaying of False Insurance
625 ILCS 401.3 Failure of Scrap Dealer to Keep Records
720 ILCS 5/12-3.2 Domestic Battery
720 ILCS 5/12-15 Criminal Sexual Abuse (if the victim was 18 years of age or older) Renumbered as 720 ILCS 5/11-1.50, eff. July 1, 2011.
YOUR CASE MAY QUALIFY for Expungement: If the final disposition was one of the below:
All offenses that apply to Section 10 ("710"), Section 410 ("1410"), or Section 70 probation ("First Offender" drug probation) or 40-10 probation ("TASC" probation)
o 720 ILCS 550/4 Possession of Cannabis
o 720 ILCS 570/402 Possession of a Controlled Substance
o The Steroid Control Act (Repealed)
o Section 70 of the Methamphetamine Control and Community Protection Act.
YOUR CASE MAY QUALIFY for Expungement: If the final disposition was 2nd Chance probation.
Successfully completion of 2nd Chance probation, will result in the dismissal of the charges. This means that the following offenses may be expunged:
720 ILCS 570/402 Class 4 Possession of a Controlled Substance
720 ILC 646/80 Possession of Methampheteine
720 ILCS 5/16-1(b)(1.1) Theft, if school, place of worship or governmental
720 ILCS 5/21-1(d)(1)(D) Criminal Damage to Property
720 ILCS 5/21-1.01 Criminal Damage to Government Supported Property
720 ILCS 5/16-1(b)(4) Class 3 Theft based on value of property
720 ILCS 5/16-22(f)(1)Retail Theft
YOUR CASE MAY QUALIFY for Expungement: If you have a Class 3 or Class 4 felony conviction and the following conditions apply:
You are an Honorably Discharged Veteran.
You joined the military with a Class 3 or Class 4 felony conviction already on your record OR you were enlisted in the military at the time of conviction. This excludes any offense of violence, sex-related or gun-related.
You served at least one full tour of duty in the U. S. military.
To qualify you must first submit a Request for Consideration Illinois Prisoner Review Board. The mechanism for procedure this has not yet been developed. Continue to check this website for updated information.
YOUR CASE MAY QUALIFY for Expungement: If you received and successfully completed supervision for Reckless Driving and the following conditions apply:
The incident must have occurred on or after January 1, 2013.
The incident must have occurred prior to your 25th birthday
You do not have any convictions on your record for DUI or Reckless Driving.
You were placed on court supervision for something other than the offenses listed above.