Shorter Waiting Periods For Sealing Illinois Records | Illinois Criminal Record

CalendarEffective January 1, 2016, Illinois records are eligible for sealing sooner. Illinois legislature amended 20 ILCS 2630/5.2 shortening the waiting period for sealing Illinois records from 4 and 3 years to 3 and 2 years depending on the disposition of the case.

Under the new law, arrests resulting in an order of supervision are now eligible to be sealed 2 years after the termination of petitioner’s last sentence. Additionally, arrests and charges resulting in convictions, first offender probation, Section 410 probation, and eligible class 3 and class 4 felony convictions can now be sealed 3 years after the termination of petitioner’s last sentence.

All arrests resulting in release without charging, charges resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated are still eligible for sealing at any time.

Source: Shorter Waiting Periods For Sealing Illinois Records | Illinois Criminal Record

Class 3 and Class 4 Felony Offenses Eligible For Sealing

Felony Record SealingIllinois legislature has continued its trend of expanding the list of criminal offenses eligible for sealing.  Although certain Class 4 and Class 3 Felony records were already eligible for sealing, this could only be accomplished after obtaining a Certificate of Eligibility for Sealing. Effective January 1, 2014, Illinois legislature removed this extra hurdle and expanded the list of Class 4 and Class 3 felony offenses that can be sealed following the requisite waiting period, without obtaining the Certificate of Eligibility.

Class 4 felony convictions now eligible for sealing:

  • Prostitution;
  • Possession of Cannabis;
  • Possession of Controlled Substance;
  • Offenses under Methamphetamine Act;
  • Offenses under Steroid Act;
  • Theft;
  • Retail Theft;
  • Deceptive Practices;
  • Forgery
  • Possession of Burglary Tools;

Class 3 felony convictions now eligible for sealing:

  • Theft;
  • Retail Theft
  • Deceptive Practices;
  • Forgery;
  • Possession With Intent To Manufacture or Deliver a Controlled Substance.

 

http://www.illinoiscriminalrecord.com/2014/09/16/felony-records-sealed/

Can Traffic Tickets Be Expunged or Sealed?

Can Traffic Tickets Be Expunged or Sealed?

Can Traffic Tickets Be Expunged or Sealed?

Although expunging traffic tickets was a common practice in Illinois several years ago, especially amongst CDL drivers.  This is no longer an option for Illinois drivers.  As of January 1, 2010, pursuant to ILCS 2630/5.2(a)(3)(B), “the court shall not order the sealing or expungement of records of minor traffic offenses.

 

2630 ILCS 5.2(a)(1)(G) defines “Minor traffic offenses” as “a petty offense, business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance.”

 

Consequently, ordinary traffic violation such as speeding, immaterial if the sentence is supervision or a conviction, cannot be expunged or sealed.  The only remaining remedy is the lapse of time.  The secretary of state purges traffic violations, which do not result in suspension, after 5-6 years and 7-8 years for violations that result in suspension.

 

It should also be noted that other traffic violations such as driving while a driver’s license is suspended (625 ILCS 5/6-303), which is a Class A misdemeanor, can still be expunged or sealed.  Reckless driving (625 ILCS 5/11-503) can also be expunged if the offense occurred before the individual reached the age of 25 years old and the offender has no other convictions for reckless driving or DUI.