Written by attorney Alan James Brinkmeier

Illinois Criminal Identification Act

Section 5.2 of the Criminal Identification Act (20 ILCS 2630/5.2) allows qualifying arrests, supervisions and some but not many felony convictions to be either expunged or sealed. Only those individuals who have never been convicted of a criminal offense or municipal ordinance violation are eligible to expunge records. If you have ever been convicted of a criminal offense or a municipal ordinance violation, your records may still be eligible for sealing, but you cannot expunge any records, regardless of the outcome of the individual case. Only criminal records prosecuted and maintained by the State of Illinois are affected. Getting your record expunged or sealed can be a confusing and lengthy process. This is especially true if you, like most people, are going it alone in court without an attorney. I suggest you hire an attorney. Before you fill out your paperwork, you must have the titles and addresses of all legal entities involved in your case, even if you were never prosecuted. Those entities are: a. The "arresting authority." This is the law enforcement agency that arrested you, if any. b. The "chief legal officer of the unit of local government that affected the arrest or states attorney. This is usually the attorney who prosecuted or the munipal attorney. c. The Illinois State Police. This matter can be complex so it is something you may wish to speak with an attorney about.

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