EXPUNGEMENT AND SEALING INFORMATION

CASES THAT CAN BE EXPUNGED:

1. Cases in which you were acquitted, released without conviction (including cases in which you were not charged), there was a not guilty finding or no probable cause finding, or nolle prosequi –Petitions to expunge may be filed immediately.  If, however, your case was stricken off the call with leave to reinstate (“SOL”) or a non-suit, Petitions to expunge can only be granted 120 days (if demand for trial) or 160 days (if no demand for trial) after the case was SOL, and only if the prosecutor did not reinstate your case during this time period.
   
   
2. Cases, other than those listed in section 3, below, in which an Order of supervision was entered and two (2) years have passed since discharge and dismissal of supervision.
   
   
3. Cases in which an Order of supervision was entered and five (5) years have passed since termination of supervision for the following charges:
   
   
   
   

   • Retail Theft – 720 ILCS 5/16 A-3
   • Reckless Driving – 625 ILCS 5/11-503
   • Display of False Insurance – 625 ILCS 5/3-710
   • Suspended Registration for Non-Insurance -  625 ILCS 5/3-708
   • Uninsured Motor Vehicle – 625 ILCS 5/3-707

   
   
   
   
4. Cases in which an Order was entered terminating probation and at least five (5) years have passed since the order of termination was entered, under the following statutes:
   
   
   
   

   •  Controlled Substance Act (410 Probation) – 720 ILCS 570/410
   •  Cannabis Control Act (First Offender Only) – 720 ILCS 550/10

   
   

CASES THAT CANNOT BE EXPUNGED

Convictions, including:

1. A guilty plea, guilty finding, or guilty verdict resulting in a sentence other than probation under the Cannabis or Controlled Substances Acts.
   
   
2. Probation (except if you received 410 probation under the Controlled Substance Act or under the Cannabis Act)
   
   
3. Cases where the defendant was granted supervision for or was convicted of a sexual offense committed against a minor under 18 years of age (20 ILCS 2630/5(g))
   
   
4. Conditional Discharge
   
   
5. Time Considered Served
   
   
6. DUI/DWI Supervision

ONCE YOUR RECORD HAS BEEN EXPUNGED, YOU DO NOT HAVE TO TELL ANYONE THAT YOU ONCE HAD A CRIMINAL RECORD.

Once your record has been expunged, it “may not be considered by any private or public entity in employment matters, certification, licensing, revocation or certification or licensure, or registration,” (20 ILCS 2630/12)  Employers are not allowed to ask you if you have had records expunged, and you are not required to disclose this information on employment applications.  (20 ILCS 2630/12) 

COMMON MYTHS AND MISCONCEPTIONS ABOUT EXPUNGEMENTS

1. After several years my record is automatically expunged.  This is not true.  There is no such thing as an “automatic” expungement.  Once you get arrested, you will have an arrest record, even if the case was dismissed or you were found not guilty.
   
   
2. My case was dismissed so there is nothing to expunge.  This is not true.  Once you are arrested you have a record.  If you want to clear your record, you must expunge your record.
   
   
3. They told me that if I completed my supervision that I would not have a record.  This is not true.  You were told that if you successfully completed your supervision that you would not have a conviction on your record.  Supervision is not considered by the courts to be a conviction.   So if you successfully completed it then you do not have a conviction on your record.  However, you still need to expunge the supervision off your record so that no public or private entity can see it.

CASES THAT CAN BE SEALED

1. You are an adult or minor prosecuted as an adult for a misdemeanor, or municipal ordinance violation in which you were acquitted; released without being convicted (including cases where you were not charged), your conviction was reversed; or you received a sentence of supervision for a misdemeanor AND you have not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor for three (3) years after being acquitted, or released, or your conviction being reversed, or having completed the terms and conditions of your supervision.
   
   
2. You are an adult or minor prosecuted as and adult for a qualifying Class 4 Felony or misdemeanor which resulted in a conviction AND  you have not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor for four (4) years after completing your sentence.

ONCE YOUR RECORD HAS BEEN SEALED, YOU DO NOT HAVE TO TELL ANYONE THAT YOU ONCE HAD A CRIMINAL RECORD.

Once your record has been sealed, it “may not be considered by any private or public entity in employment matters, certification, licensing, revocation or certification or licensure, or registration,” (20 ILCS 2630/12)  Employers are not allowed to ask you if you have had records expunged, and you are not required to disclose this information on employment applications.  (20 ILCS 2630/12) 

IF YOU WANT TO EXPUNGE OR SEAL YOUR RECORD, CONTACT THE LAW OFFICES OF HOWARD J. WISE & ASSOCIATES AT (312) 346-4555. 

© The Law Offices of Howard J. Wise & Associates - Chicago DUI Attorneys & Criminal Defense Lawyers

The information on this website is for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications should be taken as legal advice for any individual case or situation. This information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship.

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