7/30/2023 0 Comments Arrest records illinoisCases resulting in supervision are eligible for sealing 2 years after completion of your supervision period. It is important to note that qualified probation also requires proof of a clean drug test within 30 days of filing the petition.įor sealing, cases resulting in convictions, 710-1410 Probation and TASC Probation are eligible 3 years after completion of your most recent sentence. 710-1410 Probation, Second Chance Probation, TASC Probation if properly vacated). However, certain offenses require a 5 year waiting period for expungement including: domestic battery, criminal sexual abuse and qualified probation (i.e. If you were placed on court supervision, the majority of offenses may be expunged 2 years after the successful completion of the supervision period. If the case disposition shows Non-Suit, there is a 120 day waiting period. If the case disposition shows as Stricken with Leave (SOL), there is a 160 day waiting period. The waiting period depends on whether you are attempting to seal or expunge the offense and also the final disposition of the case.įor expungement, you are eligible immediately after a Finding of Not Guilty/Acquittal, Nolle Pros, or Finding of No Probable Cause as long as you do not still have a pending case. There are certain required waiting periods for expungement and sealing in Illinois. Note: Minor traffic tickets cannot be expunged, subject to a motion to vacate. Illinois has specific waiting periods must be followed depending on the final disposition of the case as discussed below. Crimes against animals under the Humane Care for Animals Act.Sex crimes (aside from prostitution and misdemeanor public indecency).Reckless driving (unless under 25 years of age when sentenced).The following convictions cannot be sealed: Reckless Driving (unless under 25 years of age when sentenced).The following cases cannot be expunged (unless acquittal or dismissal) : 710-1410 probation, TASC probation, and second chance probation) are eligible for expungement. Court supervision (if satisfactorily completed).The sentence you received and the offense determine your eligibility for expungement and/or sealing. Recent legislation significantly expanded the misdemeanor and felony offenses that are eligible for expungement and sealing. schools, financial institutions, park districts, and other state and agencies and units of local government). It is important to note that sealed felony convictions can be accessed by any employer that requires a fingerprint-based background check for employment (i.e. Law enforcement including police, courts, prosecutors and the Department of Corrections still have access to the sealed record. The arresting police department, Illinois State Police and FBI will also be ordered to seal their records. In addition, the Clerk’s Office impounds the court file and erases your name from the Clerk’s Office’s electronic docket system. If your record is sealed, it cannot be obtained without a court order to unseal the record and is NOT accessible to most of the general public or on a employment background check. Additionally, upon a subsequent conviction for any offense, the Department of Corrections may have access to a expunged record. ![]() ![]() However, expunged records may be disseminated by the Department of State Police if required by law. Most private entities will NOT have access to the expunged record except under very limited circumstances. The arresting police department, Illinois State Police and FBI will also be ordered to expunge their records. When a your record is expunged, the Clerk’s Office will erase your name from their docket system and impound the court file so the information does not appear on a employment background check and the record will NOT be accessible to the public. There are two methods of 'clearing' your criminal record: expungement and sealing.
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