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Kathryn L. Harry & Associates, P.C.
630-472-9700Available 24/7

Illinois Expungement Eligibility Requirements

Dupage County Expungement Attorney

Criminal Attorneys Help with Expungement and Record Sealing in DuPage County and Cook County

Certain types of cases cannot be expunged or sealed, like cases in which you were found guilty of or pleaded guilty to driving under the influence of drugs or alcohol (DUI). In other situations, the charge may be of the type that is eligible for expungement, but because of the type of sentence you received, the case may not be expunged. Many misdemeanor charges and felony cases in which you have received a conviction, like conditional discharge, probation, or jail time, are not expungable but may be sealable under certain conditions.

Thanks to the efforts of our attorneys, you may now expunge or seal an Ordinance Violation, similarly to the way you may expunge or seal a case prosecuted by the State of Illinois. This change in the law allows individuals, who had no say in how the charge or the ticket was written by the police, to expunge and seal records that were haunting them every day.

Qualifying for Expungement in Illinois

  • Were you charged with a misdemeanor or felony crime, tried, and found not guilty? Typically, these types of cases may be expunged.
  • Were the charges dismissed or dropped before going to trial? Again, typically, these cases may be expunged.
  • Were you found guilty and placed on court supervision for a misdemeanor offense? Most misdemeanor arrest records can be cleared by expungement.
  • Did you receive 710 probation, 1410 probation, TASC probation, or "first offender" probation for a drug possession charge? Your arrest may qualify for expungement.
  • Did you successfully complete 2nd Chance probation? Because this sentence results in the dismissal of the criminal charges, it qualifies for expungement of your arrest record.

Criminal records are eligible to be expunged for a wide variety of charges, including:

Offenses Which Are Eligible for Sealing But Not Expungement

  • Were you found guilty of a misdemeanor or felony and placed on conditional discharge or sentenced to probation or jail time? These are convictions, which are typically not eligible for expungement but may qualify for sealing depending on the nature of the charge.
  • Did you receive a conviction in the past? Receiving a conviction-type sentence makes you ineligible to expunge any of your other arrests, but you might be eligible to seal your arrest records.

Offenses Which Are Not Eligible for Expungement or Sealing in Illinois

  • Did you receive a minor traffic ticket? Traffic tickets are not covered by the Illinois Criminal Identification Act and are not expungable.
  • Were you convicted of Driving Under the Influence? DUI convictions cannot be sealed, even if court supervision was granted.
  • Were you convicted of a sex crime or domestic battery? This type of arrest record is not eligible for expungement or sealing, including Criminal Sexual Abuse, Violation of Order of Protection, Domestic Battery, and others.
  • Were you arrested on a Federal charge or arrested outside of Illinois? Only cases charged and prosecuted in Illinois may be expunged or sealed under Illinois law.
  • Do you want to destroy your record of your divorce, the entry of an Order of Protection or civil Stalking Order or other types of civil matters? These types of records are not covered by the expungement and sealing laws of Illinois. No exceptions.

Call a Downers Grove IL Expungement and Seal Attorneys

The attorneys at Kathryn L. Harry & Associates, P.C. have over 25 years of experience in helping people clear their arrest records. In 2014, our expungement lawyers were intricately involved in re-writing and championing a change in the Illinois Criminal Identification Act that allows individuals to expunge arrest records that were previously not expungable.

It may take many months to complete the process so do not wait until you know you need to erase your past as you apply for your next job interview or a fill out a passport application. Plan ahead. To get your expungement or sealing case started, please contact our DuPage County criminal defense lawyers at 630-472-9700 for a free consultation. Serving Lombard, Downers Grove, Hinsdale, Wheaton, Willowbrook, Western Springs, Clarendon Hills, and surrounding areas.

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