Understanding the New Illinois Expungement Laws for Cases Involving MarijuanaRead More
Ordinance violations need to be sealed or expunged just like other criminal offenses. In Illinois, many villages and townships have their own village prosecutors. If you were arrested or ticketed by the local police department and charged with violating a local ordinance, you will likely be given a court date. At that point, a criminal record has been created. Regardless of what you have been told, the outcome will not affect the creation of your criminal record. It is your responsibility to have that record expunged or sealed.
When you appear in court, the village prosecutor (rather than the State’s Attorney) will be there prosecuting the case. Although you have been charged with an ordinance violation, these violations are criminal offenses. See 20 ILCS 2630/5.2(a)(1)(D). Illinois defines a municipal ordinance violation as “an offense defined by a municipal or local ordinance that is criminal in nature and with which the petitioner was charged or for which the petitioner was arrested and released without charging.” 20 ILCS 2630/5.2(a)(1)(H). In court, the outcome could include jail time, probation, supervision, specialized programs, fines, or dismissal. It is important to have representation at these hearings. Even if your case is dismissed, you will need to seal or expunge your record.
The Law Offices of Hannah Garst, P.C., can represent you at hearings for ordinance violations and assist you in sealing or expunging your record once the case is completed. Call today for a free consultation. (773)248-6504
The pilot program waiving the fee to be paid to file a petition to expunge certain cases in Cook County, Illinois, through the Criminal Identification Act, has been extended through 2018, up to January 1, 2019. Certain cases are eligible to waive the filing fee of approximately $150.92, which includes payment to Cook County and the Illinois State Police. Eligible cases include:
arrests resulting in release without charging (RWOC);
charges resulting in acquittal (not guilty);
charges resulting in dismissal (non-suit, stricken off with leave to reinstate (SOL), finding no probable cause (FNP));
charges resulting in a conviction when the conviction was reversed or vacated;
charges resulting in an acquittal (not guilty).
If you have ever been arrested or charged, and the case ended up being dismissed based on one of the outcomes listed above, contact the Law Offices of Hannah Garst, P.C., for a free consultation to determine your eligibility to expunge your case. Arrests or charges originating in Cook County, including the City of Chicago, may be eligible to be filed without payment of a filing fee through the end of 2018.