Expunging a Conviction in Illinois

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In Illinois, you may have your arrest record expunged if the arrest did not result in a conviction. If it did result in a conviction, you may have the record expunged 2 years after the completion of your sentence, after a period of court supervision. This procedure applies to all felonies, and Class A and B misdemeanors, as well as local ordinances. It does not apply to most traffic violations, including DUI's.

If you have a previous criminal conviction, you may not have your record expunged.

Records of arrest for certain crimes may only be expunged after 5 years, rather than the usual 2. These include (but are not limited to) convictions for domestic violence and the operation of an uninsured vehicle.

Once an attorney has advised you that you are eligible to have a record expunged, you should file a petition for expungement with the court that sentenced you. You must also file a copy the petition with the state attorney who prosecuted you. Once a petition is granted, your attorney should give copies of the order to all government and law enforcement agencies holding your record. The records will then be returned to you.

Once you have expunged your record, your expunged conviction cannot be considered by any public or private entity in employment matters. However, certain law enforcement agencies and state attorneys will still have access to your record.

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Last Modified: 07-12-2010 03:45 PM PDT

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