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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.

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