What Crimes Can Be Expunged in Illinois?

 Posted on April 09, 2020 in Expungement

Expungement is when Illinois government erases criminal charges from a person’s record. This is different from sealing which is when the charges are simply hidden from public view but still exist.

Not all crimes are qualified to be expunged and not every person has the ability to petition for an expungement. It boils down to the type of crime as well as the number of charges already against the person petitioning to expunge a crime.

Understanding the Expungement Process

The first step in getting a charge erased from a personal record is to determine whether or not the charge is qualified to be expunged. Also, a person must find out if they are a candidate that is able to petition for an expungement.

Factors that could keep a person from expungement include the amount of time that has passed since the crime was committed as well as the person’s citizenship status.

Once it is decided that a crime is eligible for expungement, the petitioner should:

• Collect copies of the criminal record
• Fill out the appropriate forms
• File the forms with the Illinois Circuit Clerk
• Attend court hearing with all relevant material
• If the petition is denied, ask for reconsideration

 A crime will most likely be expunged if the person has no prior history of criminal behavior. It is also good to have evidence such as proof of completion of a drug program or a letter of recommendation from someone who can show the court that the petitioner is not likely to repeat their offense.

What Crimes Can and Cannot Be Expunged?

Illinois does not allow every crime to be expunged from the record and it is wise to know whether a crime can be expunged before going through the process. This eliminates disappointment later on when the petition is denied.

Crimes that cannot be expunged include:

• A federal conviction outside of Illinois
• Minor traffic offenses
• Convictions for misdemeanors or felonies
• Court supervision that was not completed
• Court supervision for reckless driving or DUI
• Court supervision for sexual abuse of a minor

Arrests made for a misdemeanor or felony crimes which did not lead to conviction are eligible for expungement along with:

• Convictions of a misdemeanor or felony charges which were reversed or pardoned
• The petitioner is an honorably discharged veteran
• Sentences for supervision if the waiting period has passed
• Sentences of qualified probation if five years have passed

Contact an Elgin, IL Expungement Lawyer

It can be an overwhelming process to petition for expungement. Hiring a lawyer from the Law Offices of Brian J. Mirandola can help alleviate confusion and help you figure out if your crime is eligible for expungement. Our lawyers can also represent you when you go to court and fight to clear your record. To schedule a free consultation with a Kane County expungement lawyer, call our office at 847-488-0889.

Sources:

https://www.illinoislegalaid.org/legal-information/criminal-offenses-can-be-expunged-or-sealed

https://www.illinoislegalaid.org/legal-information/starting-case-expunge-or-seal-criminal-record

https://www.illinoislegalaid.org/legal-information/expunging-or-sealing-criminal-record