If you were arrested for or convicted of a DUI, you may be wondering what you can do to make that conviction less public. The Illinois Criminal Identification Act allows for some individuals to expunge their record of arrests, probation, and court ordered supervision for particular felonies and misdemeanors. Unfortunately, in Illinois, a DUI conviction cannot be expunged.
Whether you were tried as a minor or an adult, and even if you only received probation, you cannot have your DUI conviction expunged. The Criminal Identification Act also allows for the sealing of a criminal record: restricting access to your record to a required court order. This means your criminal record still exists, but it is unavailable to the general public, and can only be accessed by the order of a judge.
Unfortunately, the state of Illinois does not allow a DUI conviction to be sealed either. We have the experience and expertise necessary to handle your expungement, record sealing, or firearm rights restoration in Illinois. Please browse our website to find information on all of the different options available to those with an Illinois criminal record, including expungement, record sealing and more. The best way for you to know what services you may be able to take advantage of is to run through our free online eligibility test , which will ask you some basic information on your case and let you know how we can help you.
We are a national expungement law firm, and we have the expertise and experience necessary to handle your case with the attention it deserves. We have expunged hundreds of criminal records in Illinois and are nationally recognized experts on expungement.
The easiest way to see how our firm can help you with your Illinois record is by taking our confidential online evaluation. Run through the eligibility test today and get the process started. Here is a brief summary of the different services we offer and glimpse into the eligibility requirements for each:. If you have never been convicted of an offense, you may be eligible to expunge your record in Illinois. If you were acquitted, the charges were dismissed, your conviction was vacated or reversed on appeal, the Governor granted a pardon or if you successfully completed court supervision or qualified probation, your case is likely eligible for expungement.
Do I Need to Hire an Attorney?
For court supervision cases, there is a waiting period between two and five years before you can expunge the case. For acquittals, dismissals, dropped charges, and vacated convictions there is no waiting period. There are also certain exceptions; if you were ordered to court supervision for a DUI or sexual offense against a minor, your case is not eligible.
If you have been convicted of a crime, then you could still be eligible for an Illinois record sealing. You can seal convictions for many felonies and most misdemeanors after satisfying a waiting period. Additionally, you can seal arrest records.
While an arrest record may be eligible for an expungement, if you had any other convictions on your record that would prevent an expungement but you could still move forward with the sealing. Certain convictions are not eligible to be sealed, please review the Sealing page for more information or take our online eligibility test. If you have a juvenile record in Illinois and are now over the age of 18, you could be eligible to have your juvenile case expunged.
In any application for employment, license or other civil right or privilege, or in any appearance as a witness in any proceeding or hearing, a person may be questioned about a previous criminal record only in terms such as ""Have you ever been arrested for or convicted of a crime that has not been annulled by a court? New Jersey statutes allow expungement of conviction of many indictable offenses, disorderly persons offenses, municipal ordinances, and juvenile adjudications. With the exception of applicants who have graduated from a "special drug probation," the statutes disallow expungement for convictions if the applicant has been convicted of two or more indictable offenses,  or four or more disorderly persons offenses.
If the applicant has a combination of one criminal conviction and up to three disorderly persons convictions, both the criminal conviction and disorderly persons convictions can be expunged after the waiting period has been satisfied. Until October 1, , persons who had an indictable charge dismissed on account of a diversion could not thereafter have a criminal or disorderly persons conviction expunged. No number-of-conviction limitations are imposed for persons who have satisfied drug court "special probation" provided that they have had no subsequent criminal, disorderly persons, or petty disorderly persons convictions.
Those who enter a Pre-Trial Intervention PTI or Conditional Discharge are eligible to apply to have the indictment and program record expunged six months after completion of the program. In , the waiting period on indictable convictions was lowered to five years. On April 18, , the waiting period for disorderly persons offenses was lowered to three years. However, applicants who have not waited the full six years for indictable offenses, or the full five years for disorderly persons offenses, must satisfy the judge that granting the expungement is in the public interest.
No such showing need be made once the full six or five years have elapsed.
Using expungement and sealing to clear your criminal record
However, an early expungement has stricter criteria, not the least of which is that the defendant must prove that the early expungement is in the public interest. Waiting periods begin to run on the date of sentencing, the date all fines are paid, or the completion date of probation or parole, whichever occurs last. Expungements can be granted when not all fines have been paid provided that the failure to pay was not willful. There is no waiting period for most dismissals and acquittals. Expungements give the person the legal right to state, even under oath, that the event never occurred.
Approved Statewide Forms - Expungement and Sealing Forms
Civil disabilities associated with the conviction are eliminated. However, expunged records must still be recited in certain situations. These situations include applications for employment with a law enforcement agency, applications for employment in the judicial system, applications for admission to the bar, and applications for a subsequent expungement.
Moreover, jurisdictions outside New Jersey are not required to recognize the relief granted by a New Jersey expungement . Records expunged after completion of "Special Probation" see first paragraph, above can be unexpunged if the person is thereafter convicted of another criminal, disorderly persons, or petty disorderly persons offense. New York Criminal Procedure Law Otherwise, New York does not allow expungements, or "sealings," of cases where a conviction was entered, except for some older controlled substance, marijuana, and loitering offenses.
Sealing a record under The record may still be made available to some entities, such as courts and law enforcement. New York also permits the expungements of non-criminal dispositions violations and traffic infractions, such as disorderly conduct through New York Criminal Procedure Law Misdemeanor and felony adjudications are not eligible. The sealing will also extend to up to three of the petitioners misdemeanor drug convictions. Sealed records remain available to law enforcement and some licensing agencies are not available to the public.
The law prohibits all employers and public licensing agencies from asking about convictions sealed under this law, or from taking adverse action based upon a sealed conviction. The amendment to New York Criminal Procedure Law Article creates a specific mechanism for survivors of trafficking to vacate prior prostitution convictions if the acts were committed as a result of having been trafficked. The law now provides, in relevant part, that a motion to vacate a judgment of conviction may be granted where: " North Carolina's expungement statute , allows for one adult expungement per lifetime.
Cases in which there was a dismissal of charges or a finding of not guilty can be expungement once the judgement is entered.
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Non-violent Class H and I felonies and non-violent misdemeanors can be expunged 15 years after completion of sentence. Exceptions are for drug related charges that involve methamphetamines or heroin, or possession with intent to sell and deliver or sell or deliver cocaine. Offenses that include inclusion of a registry such as the sex offender registry are non-expungible. Ohio is a "sealing" state  Sealing allows eligible offenders to petition the court for the sealing of a conviction record, or the record of a case resulting in an acquittal, no-bill, or dismissal of the criminal charges.
A convicted offender is eligible to petition the sentencing court for the sealing of the records of the case after one year has passed from the date the defendant completed their sentence in a misdemeanor case or three years in cases that resulted in a felony conviction.
There is no waiting period in the case of criminal proceedings that resulted in an acquittal or dismissal with prejudice, however; where a no bill is returned by a grand jury as to an individual, or the proceedings against them are dismissed without prejudice, they are ineligible to petition for the records of the case to be sealed until two years have passed from the date it was returned. While the plain language of the statutes does not require the expiration of the statute of limitations prior to entry of an order sealing the records of a dismissed case, as recognized by several Ohio Courts of Appeal, at least one Appellate Court has ruled otherwise.
Oklahoma allows for four different types of criminal records expungement under Oklahoma Statue Title 22 — Criminal Procedure.
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Section 18 Expungement allows for the sealing of certain nonviolent felonies and misdemeanors. These records are still accessible by court order but are sealed from the public.
Criminal Record Clearing Options Available in IL
Expungement under Section 19a allows for the expungement of criminal history if a person was the victim of identity theft and used that stolen identity to commit a crime. Section Section c Expungement is available if a person has been given a deferred sentence and the conditions of the deferred sentence have been met. Immediate court records will be sealed under Section c but the Oklahoma State Bureau of Investigation will show that a person "plead not guilty, case dismissed.
A person who has been arrested may petition for the set-aside of non-conviction records one year after the date of arrest, or any time following an acquittal or dismissal of charges. For adult offenders, a conviction for a less serious, nonviolent misdemeanor or felony offense may be set aside after a waiting period of between one and twenty years, provided that the person seeking relief from the conviction has no other convictions within the most recent ten years, or arrests within the past three years.
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Oregon has more generous expungement policies for convictions for marijuana offenses. An order setting aside a conviction restores all rights, relieves all disabilities, and also seals records of the conviction. Expungement and sealing of juvenile records is possible following the juvenile offender's reaching the age of 18, after a five year waiting period. TCA is the statute and provides some expungements at no cost.
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