In Illinois, any time you are arrested or charged with an offense, a criminal record is created. This is true even if the case is dropped or you are found not guilty. These criminal records can be viewed by the public, including potential employers and landlords. Expungement destroys the records of arrests, court supervisions, and some types of probation. All acquittals, dismissals, and satisfactorily completed non-conviction sentences are eligible to be expunged. Expungement in Illinois results in all of the records in your case being removed and destroyed, including all records in the possession of the Illinois State Police.
Eligibility for expungement is dependent on when the case is completed. For acquittal and dismissals, including Nolle Prosequi, Finding of No Probable Cause, and Not Guilty, there is no waiting period to file a petition to expunge the criminal record. For SOL (Stricken off with leave to reinstate) and Non-Suit, the waiting period is 160 days from the date the case was dismissed. If you received a sentence of Supervision, and you satisfactorily completed it, there is a two-year-waiting period that starts on the date you completed supervision. If the supervision resulted from a Domestic Battery, Criminal Sexual Abuse, or an Insurance Violation, the waiting period is five years from the completion of the supervision. Cases where supervision was ordered for Reckless Driving, a DUI, or a Sexual Offense Against Minors cannot be expunged.
In drug cases, courts may order different types of probation, including 710-1410, TASC, Second Chance and Offender Initiative Program, which are expungeable if the probation or program is satisfactorily completed. The waiting period for these cases is five years from the final court date following the successful completion of the probation or program. When filed, a petition to expunge must include proof of a clean drug test that was taken within 30 days of the filing date.
There is one exception to the waiting period. If you earned an educational diploma, degree, or certificate DURING your supervision, probation, or program, you may be able to seal eligible offenses upon the termination of the last sentence. Sealing the offenses limits who can view your criminal background information. This helps many clients who are not immediately eligible for expungement due to the waiting period but need a clear background check to obtain employment or housing.
Expunge or seal your record today! Contact the Law Offices of Hannah Garst, P.C., today for a free case review.