LEGAL GUIDE
Written by attorney Wayne Irvin Novak Jr. | May 6, 2011

How to Clear Your Illinois Record- Expungements

Expungements

Expungements are available to many who have been arrested/charged with a crime in Illinois ( 20 ILCS 2630/5). An Expungement will clear your name from the court docket and take the charge off of your arrest record. The Expungement process is an important step in a criminal case that often gets overlooked by those charged with crimes. Some incorrectly assume that if a case is dismissed it is off their record. Others believe that the disposition of supervision, TASC, 710, 1410, Section 10, Section 410 or 40-10 probation means that once the probation is over the case is completely off their record. The truth is it stays until you actively file a petition seeking it to be expunged from your record. In this economic climate it is even more important to get anything and everything you can off your criminal record to help you get or keep a job and prevent any further negative consequences from the stigma attached to an arrest and/or guilty plea/finding. Once you get your record expunged it can not "considered by any private or public entity (besides law enforcement agencies, State's Attorneys, other prosecutors and the Department of Corrections) in employment matters, certification, licensing, revocation of certification or licensure, or registration." ( 20 ILCS 2630/12) To get started you must do the following:

Step One- Obtain your criminal record

For Cases in Chicago go to:

City of Chicago Building

Access and Review Division

4770 S. Kedzie Avenue

Chicago, IL 60632

312-745-5570

Between the hours of 8:30 A.M. and noon, Monday

through Friday to get your fingerprints ran for a fee

of $16.00. They will then call you a few days later

to let you know you can pick up your rap sheet.

For Cases outside of Chicago contact:

Illinois State Police

Division of Administration

Bureau of Identification

260 North Chicago Street

Joliet, IL 60432

815-740-5160, Ext. 5743

Forms can be ordered to obtain rap sheets from the Illinois

State Police at:

http://www.isp.state.il.us/crimhistory/crimhistoryhome.cfm

Their fee is $20.00

Step Two- Determine whether your cases are expungeable

• If you went to trial and were found not guilty, typically your case

can be expunged

• If your case was dismissed/dropped before trial, typically your case

can be expunged

• If you received supervision for a misdemeanor, your case may

qualify for expungement

– If you were given supervision for any of the following charges you

must wait 5 years from the termination date of your supervision to

apply for expungement: Retail Theft, Domestic Battery, Criminal

Sexual Abuse of someone over 18, Operating an Uninsured Motor

Vehicle, Reckless Driving, Displaying False Insurance,

Suspended Registration for Non insurance, Failure of Scrap Dealer

to Keep Record

– If you receive supervision for any other type of misdemeanor you

must wait 2 years from the date your supervision ended before

applying for expungement

– DUIs and sexual offenses against a minor under 18 are not

expungeable

• If you received TASC, 710 or 1410 probation for drug possession

your case may be eligible for expungement however, you must wait 5

years from the date your probation ended

The final caveat is that you must not have any pending cases or convictions on you

record

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