Law Office of Soojae Lee

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Expungement

            Generally speaking, an expungement is available only to a person who does not have a conviction resulting from misdemeanor, municipal ordinance violation, or felony on his or her record.*  A person’s conviction record is not limited to Illinois and could have originated from another state.  However, a person with a conviction record still may be eligible for sealing.  Generally, a person can petition for expungement on misdemeanors, municipal ordinance violations, and felonies that do not result in conviction.


           
The following dispositions constitute a conviction for the expungement petition purposes:

·        Guilty plea

·        Finding of guilt by a judge or jury after a trial

·        Conditional Discharge (CD)

·        Sentence of Probation

·        Any time served (or considered served)

 

The following dispositions constitute no conviction for the expungement petition purposes:

·        Not guilty verdict (acquitted)

·        Nolle pros

·        Stricken off with leave to reinstate (SOL)

·        FNPC (Found No Probable Cause)

·        Supervision

 

The expungement is divided into the following three categories:

·        Immediate expungement eligible

·        Two-year (2) waiting period from the completion of sentence of supervision

o       For the violations not listed under the five-year waiting period

o       However, DUI supervision cannot be expunged

·        Five-year (5) waiting period from the completion of sentence of supervision or probation (specified) for the following violations:

o       Uninsured motorist violations

o       Vehicle record violations

o       Reckless driving

o       Domestic battery

o       Criminal sexual abuse

o       Retail theft

o       Probation for the first offense under section 10 of the Cannabis Control Act (formerly 710)

o        Probation for the first offense under section 410 of the Illinois Controlled Substance Act (formerly 1410)

o       Probation for the first offense under section 70 of the Methamphetamine Control and Community Protection Act

o       Probation for the aggravated battery of a child

o       Probation for the violation of section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act when the judgment of conviction has been vacated

o       Probation for the violation of section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act when the judgment of conviction has been vacated

 
* Whether the expungeable records prior to a conviction are eligible for expungement has been addressed only in the Third District.