HOW TO CLEAR YOUR ILLINOIS CRIMINAL RECORD

Transcription

1 HOW TO CLEAR YOUR ILLINOIS CRIMINAL RECORD 2005 Instruction Guide provided by: Office of the State Appellate Defender P.O. Box 5240 Springfield, Illinois (866) (toll-free) visit us at: The Office of the State Appellate Defender cannot provide legal services for your expungement.

2 GENERAL OVERVIEW TABLE OF CONTENTS... 1 ATTENTION COOK COUNTY DEFENDANTS... 1 Getting an Attorney:... 2 BEFORE YOU GET STARTED:... 2 DEFINITIONS:... 4 Frequently Asked Questions:... 6 Where can I get a copy of my criminal record?... 6 Where do I file my papers?... 6 Do I need a lawyer?... 6 How long does it take?... 6 How much does it cost?... 7 What if I can t afford the filing fee?... 7 What is a pardon?... 7 What is the difference between expunging and sealing?... 7 Do I need to get a copy of my record?... 7 I was found not guilty What is a conviction?... 8 What is NOT a conviction?... 8 Who is the Chief Legal Officer... 8 I live out of town. Can I do this by mail?... 8 How will I know when it is expunged... 8 Once my record is expunged or sealed... 8 COMMON MYTHS AND MISCONCEPTIONS ABOUT EXPUNGEMENT:... 9 A quick word on Felonies: Types of cases which do not fall under the Criminal Identification Act Expungement evaluation worksheet: What do I qualify for? FOR RECORDS WITHOUT CONVICTIONS: FOR RECORDS WITH CONVICTIONS: i

3 GENERAL OVERVIEW What the new law does: The new law allows qualifying arrests, supervisions and convictions to be either expunged or sealed. Only criminal records prosecuted and maintained by the State of Illinois are affected. Federal and out-of-state convictions do not fall under the new law. Under the old Criminal Identification Act, only qualifying misdemeanors could be sealed. Starting June 1, 2005, Class 4 felony drug possession and Class 4 felony prostitution convictions will also qualify to be sealed 4 years after the sentence is completed. For records with convictions for Class 4 felony drug possession. If you are asking to have your class 4 felony drug possession case sealed, the Criminal Identification Act requires that you attach proof to your petition that you have passed a drug test taken within 30 days before you file your petition. 20 ILCS 2630/5(h)(7)(B). In other words, if you want to have a felony drug possession case sealed, you have to be clean. The Criminal Identification Act does not specify what type of drug test must be attached to the Petition. Therefore, it is recommended that you get a drug test from your physician or from a State agency that is willing to give such a test. For example, your local Probation Department might be willing to test you. The important thing about the drug test is that it be administered by a person or agency which is willing to vouch for its authenticity in court. There will likely be a fee for these tests. Only drug convictions for simple possession cases can be sealed. Drug convictions for possession with intent cannot be sealed. ATTENTION COOK COUNTY DEFENDANTS: If you want to have your criminal record from Cook County expunged or sealed, you must use the Cook County forms and procedures. Although you might find the information in this packet useful, you CANNOT use the forms in this packet for a Cook County case. To get the proper forms and procedures, please contact the Cook County Circuit Clerk Court at: Richard J. Daley Center, Room West Washington Street Chicago, Illinois or visit their website at: 1

4 Getting an Attorney: This new law was designed to let people clear their records without needing to hire an attorney. However, should you want or need an attorney, you may hire one. If you are unable to hire an attorney due to financial hardship, please contact one of the attorneys on the Attorney List included with this packet. This list is continually updated. Call the Office of the State Appellate Defender at 1(866) or go to our website at if you need an updated list. DISCLAIMER: The list is made up of attorneys who have agreed to be listed. The Office of the State Appellate Defender does not endorse or recommend any attorney on the Attorney List. Most people, however, are going to file for their expungement or sealing without the assistance of an attorney. This Instruction Guide is designed to assist you through the process. Be patient, read everything and hang in there. BEFORE YOU GET STARTED: Getting your record expunged or sealed can be a confusing and lengthy process. This is especially true if you, like most people, are going it alone in court without an attorney. Proceeding to court without an attorney to represent you is called pro se (sounds like pro-say ). However, doing the legwork before filing your paperwork in court will reduce your chances of errors and frustration. We suggest the following steps before you get started. 1. Read this entire packet and take notes before you file. N The Criminal Identification Act (i.e., the expungement law) is complicated. This packet is designed to assist you through a legal process that you might find daunting. If you are patient and take your time, you will find that most, if not all, of your questions will be answered. Take notes. You should find the Definitions, the Frequently Asked Questions and the Myths and Misconceptions sections helpful. 2. Get your complete criminal history. Whether you can get your record expunged or sealed is dependent on your entire criminal record. You must have the following information for every case: a. The date of your arrest b. The law enforcement agency or agencies that arrested you c. The charges that were brought against you, if any, d. The disposition of each case and charge. The disposition is the final outcome of the case. Types of dispositions include terms such as nolle prosequi, supervision, probation, time served. These are all dispositions and each mean something different. 2

5 e. The date each case was completed. For example, if you were sentenced to probation, you must know the date your probation was terminated. Places to get your criminal history include: the arresting agency (the law enforcement agency that arrested you) the circuit clerk of the court(s) where your case(s) was/were handled the Illinois State Police, Bureau of Identification. 260 North Chicago Street Joliet, IL (815) The Federal Bureau of Investigation U.S. Department of Justice 1000 Custer Hollow Road Clarksburg, WV (304) Requests to the FBI must be made in writing and mention specifically that you are entitled to a copy of your arrest records under the Freedom of Information Act. Be certain to include your name, address, date and place of birth, and fingerprints. We recommend that you contact as many agencies as possible to make certain that your record is complete and accurate. The more times you have been arrested, the more work you will need to do in order to get a complete record. 3. Get the titles and address of the legal entities involved in your case. Before you fill out your paperwork, you must have the titles and addresses of all legal entities involved in your case, even if you were never prosecuted. Those entities are: a. The arresting authority. This is simply the law enforcement agency that arrested you, if any. Usually it is a police department or sheriff s department. If you were never arrested and were instead only given a notice to appear in court, there will not be an arresting authority. b. The chief legal officer of the unit of local government that affected the arrest. This is usually the attorney who represents the municipality or county that arrested you. (It is NOT the Chief of Police.) This attorney usually is called the Corporation Counsel, Village Attorney or City Attorney. For example, if you were arrested by the Springfield Police Department, you will need the name of the Corporation Counsel for the City of Springfield. If you arrested by the County 3

6 Sheriff s Department, you will need the name and address of the States Attorney for the County. c. The State s Attorney or prosecutor that prosecuted your case (if any). If charges were brought against you, you will need to know the address for the State s Attorney or prosecutor that prosecuted the case. You only need the office and the address you do not need the name of the particular individual who prosecuted your case. If you are unclear about which office prosecuted your case, check your paperwork from the circuit court. d. The Illinois State Police. The law requires that the Illinois State Police receive notice of your petition to expunge or seal, even if you were never charged. Here is their address: Illinois State Police, Bureau of Identification 260 N. Chicago Ave Joliet, Illinois Get your ID#, if possible. This is called the SID number and it is assigned to defendants when they get fingerprinted. If you did not get fingerprinted, you won t have a SID number. If you cannot locate your ID number, you can file your paperwork without it. 5. Get the filing fee and the Illinois State Police fee together. You will be charged a fee to file your petition. This fee will vary from county to county. If you are indigent, go to What if I Can t Afford the Filing Fee? on page 7 of this guide for more information. The Illinois State Police and the arresting authority may also charge you a fee to have your record sealed or expunged. These fees generally cannot be waived. DEFINITIONS: The following terms are important for you to understand as you go through this process. Adjudication formal court judgment Conviction a final judgment of guilt by the court. A conviction includes terms such as: Probation (except 710," 1410, Section 10, Section 410, 40-10, or TASC probation), Conditional Discharge, Fine (without the term supervision ), Time Served, Jail Time, Finding of guilt by a judge or jury (without the term supervision ), PG/FG (pleaded guilty/found guilty). Criminal Identification Act the expungement and sealing law for Illinois. It can be found 4

7 at 20 ILCS 2630/5 et seq. Denial this means that the Court has denied something, such as your Petition to Expunge. Disposition the final order of the court on your criminal case. Expungement there is no definition of expungement in the Illinois Compiled Statutes. However, a working definition is that when a record gets expunged, it is as if the crime never occurred. Each law enforcement agency expunges, or destroys, their records. Felony a more serious crime that may be punished by imprisonment for more than one year in a state prison. Illinois Compiled Statutes the written law of Illinois. It is abbreviated as ILCS. Misdemeanor a crime that may be punished by confinement in county jail for a term of up to one year. Municipal Ordinance a law or regulation of a city or local government. Objection this is a protest made by the State against your Petition. It means that the State doesn t want your record expunged or sealed. The State has 30 days to object to a Petition to Expunge. The State has 90 days to object to a Petition to Seal. An objection is not the same as a denial. Petition a written request to the court. Petitioner a person who makes a written request to the court. Sealed--there is no definition of sealed in the Illinois Compiled Statutes. However, a good working definition is that when a record gets sealed, your file remains intact but under seal. The records can be labeled as sealed. Most of the general public will not have access to the record. However, law enforcement will still have access to your records. Supervision a court order holding the case open for a specific period of time, usually between six months to two years. During that time no judgment of guilt is entered, and if all the conditions of supervision are followed, the case is dismissed and no conviction is ever entered against the defendant. 5

8 Frequently Asked Questions: Where can I get a copy of my criminal record? From the arresting agency (the law enforcement agency that arrested you); the circuit clerk of the court(s) where your case(s) was/were handled; the Illinois State Police, Bureau of Identification; and the Federal Bureau of Investigation. If you were arrested but not convicted, the Illinois State Police may not have any information on you. You can contact the ISP at (815) , ext for the forms you need. Or you can visit their website at for forms. The address and phone number for the Federal Bureau of Investigation: U.S. Department of Justice 1000 Custer Hollow Road Clarksburg, WV (304) Where do I file my papers? The Petition must be filed in the county where the charge was brought. Do I need a lawyer? How long does it take? No, you can file your petition pro se (without an attorney). However, you may hire one if you want to. Check the attorney list for the names of attorneys. It depends. The State gets 30 days to object to a Petition to Expunge. For a sealing, however, the State gets 90 days to object. How long your case will take also depends on the size of the jurisdiction you are in, whether there is an objection to your Petition and how long it takes to get your case on the docket. 6

9 How much does it cost? What if I can t afford the filing fee? What is a pardon? What is the difference between expunging and sealing? Getting your record expunged or sealed will cost you a filing fee plus $60 for the Illinois State Police. Filing fees vary from county to county. Ask the circuit clerk for a fee waiver application. Sometimes these are called In Forma Pauperis forms or Application to Sue as Poor Person forms. Not every jurisdiction will have such a form. If they do not, try the form provided with this packet. It is up to a judge to decide if you qualify to file without paying the fees. A pardon is a type of executive clemency granted by the governor. It is considered to be an extraordinary remedy and is rarely granted. It only applies to cases which have resulted in a conviction. For more information, contact the Prisoner Review Board (even if you never went to prison) at (217) Expunged: the agencies will destroy their record or remove all mention of your name from the public record. Sealed: your file remains intact but under seal. The records can be labeled as sealed. Most of the general public will not have access to the contents of the record. However, law enforcement will still have access to your records. Do I need to get a copy of my record? I was found not guilty. Do I still need to have my record expunged? Yes. Some jurisdictions require you to attach your rap sheet to your petition. Also, you should check your rap sheet for accuracy. Yes. Your criminal record contains all your arrests, whether you were found guilty or not. 7

10 What is a conviction? What is NOT a conviction? Who is the Chief Legal Officer of the unit of local government that affected the arrest? Any finding of guilt which results in probation, conditional discharge, fine, time served or sentence of incarceration. Supervision, nolle prosequi (NP), Stricken off with leave to reinstate (SOL), no probable cause found (FNPC), dismissed or not guilty. This is the person (usually an attorney) who is of the head legal officer for the municipality, village, city or county that handled the arrest. For example, if you were arrested by the Springfield Police Department, then the unit of local government that affected the arrest would be the City of Springfield. The Chief Legal officer for the City of Springfield is corporation counsel. If, on the other hand, you were arrested by the Sangamon County sheriff s department, then the Chief Legal Officer would be the State s Attorney for Sangamon County. I live out of town. Can I do this by mail? Possibly. Many jurisdictions have a process in place to accept filings by mail. Contact the circuit clerk of the court you are filing in and ask what their procedures are for taking expungement or sealing petitions by mail. How will I know when it is expunged or sealed? You will get a response in the mail from the Court, the arresting authority and/or the Illinois State Police. Once my record is expunged or sealed, do No, and it is against the law for I have to tell employers about it? employers or potential employers (except law enforcement, States Attorneys, the State Police, and the Department of Corrections) to ask you whether you ever had any records expunged or sealed. BUT if you have filed for your record to be expunged 8

11 or sealed and the court hasn t ruled on it yet, you still have to disclose your criminal history on a job application if you are asked. COMMON MYTHS AND MISCONCEPTIONS ABOUT EXPUNGEMENT: Myth: After several years, my record is automatically expunged. Truth: There is no such thing as an automatic expungement. Once you get arrested, you will have an arrest record, even if you were never charged, or if the case was dismissed and even if you were found not guilty. Myth: All non-violent felonies can be expunged or sealed. Truth: The vast majority of felonies cannot be expunged or sealed. The only exceptions are simple drug possession and prostitution. For all other felonies, you will need to get a pardon and an expungement from the governor. That information is available from the Prisoner Review Board at (217) or at Myth: My case was dismissed so there isn t anything to expunge. Truth: Once you are arrested, you have a record. If you want the record of your arrest expunged, you must be proactive and take it upon yourself to expunge the record. Myth: I was wrongly arrested to begin with and I shouldn t have to pay the filing fee to get my arrest expunged. Truth: Unfortunately, the Criminal Identification Act makes no distinction between those who have good arrests and bad arrests. It specifically states that a person whose records have been expunged or sealed is not entitled to remission of any fines, costs, or other money paid as a consequence of the sealing or expungement. 20 ILCS 2630/12(b). If you feel that you were wrongly accused or charged, you should contact an attorney regarding the issue. Misconception: They told me that if I completed my supervision, I wouldn t have a record. So how come I still have a record? Truth: You were likely told that you wouldn t have a conviction on your record. Supervision is not considered by the courts to be a conviction, so if you completed it, you don t have a conviction on your record. However, you still have a record namely, the arrest and the charges. Misconception: The Circuit Clerk s office was supposed to help me. But when I got there, they wouldn t answer my questions about the forms or help me fill them out. Truth: The Clerks Act absolutely forbids any clerk from giving out legal advice. Legal advice includes telling you whether you qualify for an expungement or a 9

12 sealing and how to fill out the forms. The clerks CAN tell you what is in your court file, including the disposition of your case. A quick word on Felonies: Most felony arrests and convictions cannot be either expunged or sealed. There are a few exceptions, however. Arrests and convictions for Class 4 felony drug possession and Class 4 felony prostitution cases may qualify to be sealed. Also, if you do not have a conviction on your record for anything, felony arrests that do not result in a conviction may be expunged. Go to the Expungement evaluation worksheet for more information. If you have been convicted of one crime and are later arrested for a felony which does not result in a conviction, the second arrest is not eligible for either expungement or sealing. Likewise, felony convictions (except prostitution and simple drug possession) cannot be expunged or sealed unless you receive a pardon which specifically authorizes expungement. For information on how to receive a pardon which authorizes expungement, you may call the Prisoner Review Board at (217) Or go to their website at: Types of cases which do not fall under the Criminal Identification Act. The Criminal Identification Act was designed to expunge and seal criminal records. It does not apply to traffic tickets, divorces or orders of protection. For example, if somebody had an order of protection entered against you, that cannot be expunged. If you have other questions, contact an attorney. 10

13 Expungement evaluation worksheet: What do I qualify for? OK you ve got your complete criminal record in front of you. You ve read the Definitions, the Frequently Asked Questions, and the Myths and Misconceptions sections. You are ready to begin. CHECK THE DISPOSITION ON EVERY CASE. Does anything say: Probation (except 710", 1410, Section 10, Section 410" 40-10" or TASC probation)? Conditional Discharge? Fine (without the term supervision )? Time Served? Jail or DOC Time? Finding of guilty by a judge or jury (without the term supervision)? If yes, then you have a conviction and your record cannot be expunged. However, some or all of it might qualify to be sealed. Go to the section titled FOR RECORDS WITH CONVICTIONS. If no, do the dispositions consist entirely of the following terms? Acquittal (finding of not guilty)? SOL (Stricken with Leave)? FNPC (Finding of No Probable Cause)? NP (Nolle Prosequi)? No charges filed? Dismissal? Supervision (which must be successfully completed)? If so, then you do not have a conviction on your record and it might qualify to be either expunged or sealed. Go to the section titled FOR RECORDS WITHOUT CONVICTIONS. FOR RECORDS WITHOUT CONVICTIONS: 11

14 Records without convictions may qualify to be either expunged or sealed. In most instances, you are better off getting your record expunged if you can. The expungement process is explained in Steps 1 through 8. The sealing process is explained in Steps 9 through 10. Expungement Step 1 Look to see if you were placed on Supervision. Yes, I was placed on Supervision. Go to Step 2. No, I was not placed on Supervision. Go to Step 6. Step 2 Look to see whether you were placed on Supervision for one of the following misdemeanors: Driving under the influence; or Any sexual offense committed against a minor under 18 years of age. Sexual offense committed against a minor includes, but is not limited to, the offense of indecent solicitation of a child or criminal sexual abuse when the victim of such offense is under 18 years of age. If Yes, your record does not qualify to be expunged through the court system unless you receive a pardon which specifically authorizes expungement. For information on how to receive a pardon, you may call the Prisoner Review Board at (217) or go to their website at: If no, continue to Step 3. Step 3 Look to see whether you were placed on Supervision for one of the following misdemeanors: 625 ILCS Operating an Uninsured Motor Vehicle, 625 ILCS Suspended Registration for Noninsurance, 625 ILCS Displaying of False Insurance, 625 ILCS Failure of Scrap Dealer to Keep Records, 625 ILCS Reckless Driving, 720 ILCS 5/ Domestic Battery, 720 ILCS 5/12-15 Criminal Sexual Abuse (if the victim was 18 years of age or older), 720 ILCS 5/16A-3 Retail Theft If yes, go to Step 4. 12

15 If no, you were placed on supervision for something else, go to Step 5. Step 4. If you were placed on supervision for one of the misdemeanors listed in Step 3, what date was your supervision successfully discharged? / / mm/dd/yyyy Has it been at least 5 years since that date? If it has been at least 5 years since the supervision was discharged AND there are no charges pending against you right now, you may qualify to have your record expunged. You will need to fill out Packet A. If it has not been 5 years, you will need to wait until 5 years have passed before you will qualify to have your record expunged. You may want to consider having your record sealed, instead. Go to Step 9 to see if you qualify. Step 5--If you were placed on supervision for something else, except for: Driving under the influence; or Any sexual offense committed against a minor under 18 years of age what date was your supervision successfully discharged? / / mm/dd/yyyy Has it been at least 2 years since that date? If it has been at least 2 years since the supervision was discharged AND there are no charges pending against you right now, you may qualify to have your record expunged. You will need to fill out Packet A. If it has not been 2 years, you will need to wait until 2 years have passed before you will qualify to have your record expunged. Step 6 Were you placed on Section 10, Section 410 or Section probation (also called, 710", 1410" or TASC probation?) for drug possession? If yes, go to Step 7. If no, you were acquitted (found not guilty), or released without being convicted (the case was dismissed), go to Step 8. 13

16 Step 7--If you were placed on placed on Section 10, Section 410 or Section probation (also called, 710", 1410" or TASC probation?) for drug possession, what date was your probation successfully terminated? / / mm/dd/yyyy Has it been at least 5 years since that date? If it has been at least 5 years since the probation was successfully terminated AND there are no charges pending against you right now, you may qualify to have your record expunged. You will need to fill out Packet A. If it has not been 5 years, you will need to wait until 5 years have passed before you will qualify to have your record expunged. Step 8 If you were acquitted (found not guilty), or released without being convicted (the case was dismissed), then you may petition the court to have your case expunged. There is no waiting period. You will need to fill out Packet A. Sealing: Step 9 Did you receive supervision for:! 625 ILCS Driving under the Influence of Alcohol, Other Drug or Drugs, Intoxicating Compound or Compounds or any combination thereof, or! any misdemeanor violation of Article 11 of the Criminal Code of 1961, except prostitution (this includes Adultery, Fornication, Public Indecency, Marrying a Bigamist and/or Obscenity), or! 720 ILCS 5/26-5 Dog Fighting, or! a misdemeanor violation that is a crime of violence as defined in Section 2 of the Crime Victims Compensation Act (740 ILCS 45/2), which includes:! 720 ILCS 5/12-1 Assault, or! 720 ILCS 5/12-2 Aggravated Assault, or! 720 ILCS 5/12-3 Battery, or! 720 ILCS 5/ Domestic Battery, or! 720 ILCS 5/12-15 Criminal Sexual Abuse, or! 720 ILCS 5/12-5 Reckless Conduct, or! 720 ILCS 5/12-30 Violation of an Order of Protection, or! 510 ILCS 70/1 a misdemeanor violation of the Humane Care for Animals Act, or 14

17 ! 730 ILCS 150/1 any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act. If Yes, your record does not qualify to be sealed through the court system unless you receive a pardon which specifically authorizes expungement. For information on how to receive a pardon, you may call the Prisoner Review Board at (217) or go to their website at: No, I received supervision for something else, including prostitution. Go to Step No, I was acquitted (found not guilty), or released without being convicted (the case was dismissed), or convicted but the conviction was reversed. Go to Step 10. Step 10 What date was your supervision successfully discharged, were you acquitted (found not guilty), released without being convicted (the case was dismissed), or had your conviction reversed? / / mm/dd/yyyy Has it been 3 years since that date? If yes, if it has been at least 3 years since that date AND you haven t been convicted or placed on supervision since that date, and there are no charges pending against you right now, you may have your case sealed. You will need to complete Packet B. If it has not been 3 years, you will need to wait until 3 years have passed before you will qualify to have your record sealed. Remember: If you have no convictions on your record, you might get to choose whether you want your record expunged or sealed. For example, if you have a supervision for misdemeanor retail theft, you can have it sealed three (3) years after you finish the supervision, or expunged five (5) years after you finish the supervision. The choice is up to you. FOR RECORDS WITH CONVICTIONS: This section applies to everybody who has a conviction on their record. Some 15

18 people may have both convictions and non-convictions on their record. Some, all or none of your record may qualify for a sealing. You should go through all of the steps for each arrest. The process for sealing a conviction is explained in Steps 1 through 8. The process for sealing a non-conviction is explained in Steps 9 through 11. Sealing a conviction Step 1 look to see if you were convicted of a felony: Yes, I was convicted of a felony. Go to Step 2. No, I was not convicted of a felony Go to Step 7. Step 2--were you convicted of Class 4 felony prostitution or Class 4 felony drug possession? Yes, I was convicted of Class 4 felony prostitution. Go to Step 3 Yes, I was convicted of Class 4 felony drug possession Go to Step 4 No, I was convicted of another kind of felony. Your conviction does not qualify to be sealed through the court system unless you receive a pardon which specifically authorizes expungement. For information on how to receive a pardon, you may call the Prisoner Review Board at (217) or go to their website at: Step 3. Prostitution. If you were convicted of felony prostitution, what date did you finish your probation, parole or other sentence? / / mm/dd/yyyy If it has been at least 4 years since that date AND you haven t been convicted or placed on supervision since the probation was discharged, and there are no charges pending against you right now, you may have your case sealed. You will need to complete Packet C-- Petition to Seal Conviction and Order to Seal Conviction. 16

19 If it has not been 4 years, you will need to wait until 4 years have passed before you will qualify to have your record sealed. Step 4 Felony Drug Possession. If you were convicted of felony drug possession, what was your sentence? Was it Section 10, Section 410 or Section probation (also called, 710", 1410" or TASC probation?) If so, go to Step 5. Was it jail time, regular probation, or conditional discharge? If so, go to Step 6. Step 5 If you got 710/1410 or TASC, what date did you successfully finish your probation? / / mm/dd/yyyy Has it been 5 years since the successful termination of probation? If yes, AND you haven t been convicted or placed on supervision since the probation was discharged, AND you have NO OTHER CONVICTIONS on your record, and there are no charges pending against you right now, you may have your case expunged. You will need to fill out Packet A. If no, it has not yet been 5 years since you successfully completed your 710/1410 TASC probation, then you will need to wait until that date before you will be eligible for an expungement. IF YOU HAVE OR IF YOU RECEIVE ANY OTHER CONVICTIONS, YOU CANNOT GET YOUR RECORD EXPUNGED. Step 6 If you got regular probation, conditional discharge or jail time, what date did you finish your probation, parole or other sentence? / / mm/dd/yyyy If it has been at least 4 years since that date, you may have your record sealed. Complete Packet D. If it has not been 4 years, you will need to wait until 4 years have passed before you will qualify to have your record sealed. Step 7 if you were convicted of a misdemeanor: 17

20 Was it one of the following crimes?! 625 ILCS , et. seq. Driving under the Influence of Alcohol, Other Drug or Drugs, Intoxicating Compound or Compounds or any combination thereof, or! any misdemeanor violation of Article 11 of the Criminal Code of 1961, except prostitution (this includes Adultery, Fornication, Public Indecency, Marrying a Bigamist and/or Obscenity), or! 720 ILCS 5/26-5 Dog Fighting, or! a misdemeanor violation that is a crime of violence as defined in Section 2 of the Crime Victims Compensation Act (740 ILCS 45/2), which includes:! 720 ILCS 5/12-1 Assault, or! 720 ILCS 5/12-2 Aggravated Assault, or! 720 ILCS 5/12-3 Battery, or! 720 ILCS 5/ Domestic Battery, or! 720 ILCS 5/12-15 Criminal Sexual Abuse, or! 720 ILCS 5/12-5 Reckless Conduct, or! 720 ILCS 5/12-30 Violation of an Order of Protection, or! 510 ILCS 70/1 a misdemeanor violation of the Humane Care for Animals Act, or! 730 ILCS 150/1 any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act. If Yes, your conviction does not qualify to be sealed through the court system unless you receive a pardon which specifically authorizes expungement. For information on how to receive a pardon, you may call the Prisoner Review Board at (217) or go to their website at: If No, your record might qualify for a sealing. Go to Step 8. Step 8 What date did you finish your probation, parole or other sentence? / / mm/dd/yyyy Has it been 4 years since that date? If yes, if it has been at least 4 years since that date AND you haven t been convicted or placed on supervision since the probation was discharged, and there are no charges pending against you right now, you may have your case sealed. You will need to complete Packet C. 18

21 If it has not been 4 years, you will need to wait until 4 years have passed before you will qualify to have your record sealed. Sealing a non-conviction: Step 9 for the arrest in question, did you receive supervision for:! 625 ILCS , et. seq. Driving under the Influence of Alcohol, Other Drug or Drugs, Intoxicating Compound or Compounds or any combination thereof, or! a misdemeanor violation of Article 11 of the Criminal Code of 1961, except prostitution (this includes Adultery, Fornication, Public Indecency, Marrying a Bigamist and/or Obscenity), or! 720 ILCS 5/26-5 Dog Fighting, or! a misdemeanor violation that is a crime of violence as defined in Section 2 of the Crime Victims Compensation Act (740 ILCS 45/2), which includes:! 720 ILCS 5/12-1 Assault, or! 720 ILCS 5/12-2 Aggravated Assault, or! 720 ILCS 5/12-3 Battery, or! 720 ILCS 5/ Domestic Battery, or! 720 ILCS 5/12-15 Criminal Sexual Abuse, or! 720 ILCS 5/12-5 Reckless Conduct, or! 720 ILCS 5/12-30 Violation of an Order of Protection, or! 510 ILCS 70/1 a misdemeanor violation of the Humane Care for Animals Act, or! 730 ILCS 150/1 any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act. If Yes, your record does not qualify to be sealed through the court system unless you receive a pardon which specifically authorizes expungement. For information on how to receive a pardon, you may call the Prisoner Review Board at (217) or go to their website at: No, I received supervision for something else. Go to Step 10. No, I was acquitted (found not guilty), or released without being convicted (the case was dismissed), or convicted but the conviction was reversed. Go to Step 11. Step 10 If you were placed on supervision for something else: What date did you finish your supervision, get acquitted, or released without being convicted or have your conviction reversed? / / 19

22 mm/dd/yyyy Has it been 3 years since that date? If yes, if it has been at least 3 years since that date AND you have not been convicted of a felony or misdemeanor or placed on supervision within 3 years after you were acquitted, released, had your conviction reversed or successfully discharged from supervision, then you may have your records sealed. You will need to fill out Packet B. If no, it has not been 3 years, you will need to wait until 3 years have passed before you will qualify to have your record sealed. Step 11 If you were arrested for a MISDEMEANOR or a FELONY and subsequently acquitted (found not guilty), or released without being convicted (the case was dismissed), or convicted but the conviction was reversed: If it was a MISDEMEANOR, what date did you finish your supervision, get acquitted, or released without being convicted or have your conviction reversed? / / mm/dd/yyyy Has it been 3 years since that date? If yes, if it has been at least 3 years since that date AND you have not been convicted of a felony or misdemeanor or placed on supervision within 3 years after you were acquitted, released, had your conviction reversed or successfully discharged from supervision, then you may have your records sealed. You will need to fill out Packet B. If no, it has not been 3 years, you will need to wait until 3 years have passed before you will qualify to have your record sealed. If it was a FELONY, the Criminal Identification Act does not allow you to get the non-conviction sealed. IF YOU WERE SENTENCED TO SUPERVISION OR PROBATION, OR WERE 20

23 CONVICTED OF THE FOLLOWING MISDEMEANORS (AND FELONIES, WHERE INDICATED) YOU MIGHT BE ELIGIBLE TO HAVE YOUR CRIMINAL RECORD EITHER EXPUNGED OR SEALED. NOT EVERYTHING THAT QUALIFIES TO BE EXPUNGED ALSO QUALIFIES TO BE SEALED. BE SURE TO READ ALL OF THE INSTRUCTION GUIDE AND TO GO THROUGH THE EXPUNGEMENT EVALUATION FORM. 720 ILCS 5/10-1 et seq.! The third conviction for unlawful visitation interference! Harboring a runaway! Unlawful sale of a public conveyance travel ticket to a minor 720 ILCS 5/11 et seq.! Prostitution including Class 4 felony 720 ILCS 5/12-1 et seq. Bodily Harm (NOTE: Many are excluded due to definition of violent crimes in the Crime Victims Compensation Act.)! Battery of an unborn child! Interfering with the reporting of domestic violence! Educational intimidation! Tattooing the body of a minor! Piercing the body of a minor! Sale of body parts (first offense)! Endangering the life or health of a child (first offense)! Inducement to commit suicide where assistance is provided with knowledge that the person intends to commit suicide 720 ILCS 5/16-1 et seq. Theft! Theft of property, not from the person and with a value not exceeding $300 (provided the person has no previous convictions for theft/robbery type crimes)! Theft of labor or services or use of property! False report of theft or other losses (first offense)! Theft from coin-operated machines (first offense, no priors for other crimes)! Unlawful interference with public utility services, provided the interference was not done for remuneration! Unlawful use of theft detection shielding device (first offense)! Theft of advertising services! Certain communication and access device offenses (See 720 ILCS 6/16-20) 720 ILCS 5/16A-1 et seq. Retail Theft! Theft of property with a value which does not exceed $150 (first offense) 720 ILCS 5/16B-1 et seq. Library Theft! Stolen materials not exceeding $300! Criminal mutilation or vandalism not exceeding $ ILCS 5/16C-1 et seq. Unlawful sale of Household Appliances! If value of appliances is $1,000 or less 21

24 720 ILCS 5/16D-1 et seq. Computer crime! Computer tampering by unauthorized access, or causing unauthorized access to a program or data! Falsifying or forging transmission or other routing information in connection with the transmission of unsolicited bulk into the computer network of an service provider or its subscribers! Knowing sale, giving, or otherwise distributing software primarily designed to facilitate or enable falsification or transmission information (with some variations) 720 ILCS 5/16E-1 et seq. Delivery Container Crime! Delivery container theft 720 ILCS 5/16F-1 et seq. Wireless Service Theft! Theft of service with an aggregate value of less than $300! Facilitating the theft of wireless service 720 ILCS 5/17-1 et seq. Deceptive Practices! Violations of 720 ILCS 5/17-1(B)(a) through (e)! False personation! Unapproved use of a name or title of a law enforcement agency! Deceptive altering or sale of coins! Unlawful attempt to collect a compensated debt against a crime victim! Promotion of pyramid sales schemes! Health care benefits fraud! Odometer fraud (first offense)! Hour meter fraud (first offense)! Installation of object in lieu of air bag! Obstructing gas, water, and electric current meters! Obstructing service meters! False information on an application for employment with certain public or private agencies 720 ILCS 5/17A-1 et seq. - Disqualification for State Benefits! Receipt of State benefits of less than $150 by a person against whom an order of deportation has been affirmed by the Board of Immigration Review, or by an individual whose appeal of such an order is pending. 720 ILCS 5/17B-1 et seq. - WIC Fraud! When the total amount of money involved in the violation is less than $ ILCS 5/19-1 et seq. - Burglary! Criminal trespass to a residence (720 ILCS 5/19-4(a)(1)) 720 ILCS 5/21-1 et seq. Damage & Trespass to Property! Criminal damage to property, if the damage does not exceed $300.! Criminal damage to fire fighting apparatus, hydrants or equipment! Criminal defacement of property first offense if the damage does not exceed $300! The knowing sale, gift, manufacture, purchase, possession or throwing of a jackrock! Tampering with anhydrous ammonia equipment, containers, facilities! Criminal trespass to vehicles! Criminal trespass to real property! Criminal trespass to State supported land! Unauthorized possession or storage of weapons! Criminal trespass to restricted areas and restricted landing areas at airports. 22

25 720 ILCS 5/ et seq.! Picketing before a residence or dwelling 720 ILCS 5/ et seq.! Interference with a public institution of higher education 720 ILCS 5/ et seq.! Distributing or delivering written or printed solicitations on school property 720 ILCS 5/24-1 et seq. Weapons! Unlawful use of weapons, 720 ILCS 5/24-1(a)(1) through (5), 24-1(a)(10) or 24-1(a)(11) (violations of other subsections of this statute are felonies)! Unlawful possession of firearms other than handguns! Failure to register sales of firearms! Failure to protect children from firearms (720 ILCS 5/24.5-5) 720 ILCS 5/ et seq.! Unlawful possession of nitrous oxide 720 ILCS 5/ et seq.! Aiming a laser pointer at a police officer 720 ILCS 5/25-1 et seq. Mob Action! Mob action as defined by 720 ILCS 5/25-1(a)(2), (3)! Failure to withdraw from mob action at the command of a peace officer! Unlawful contact with street gang members 720 ILCS 5/26-1 et seq. Disorderly Conduct! Disorderly conduct as defined by 720 ILCS 5/26-1(a)(1), (5), (7), (8), (10), (11), (12)! Interference with emergency communication! Unauthorized videotaping pursuant to 720 ILCS 5/26-4(a), (a-5), (a-10) 720 ILCS 5/28-1 et seq. Gambling! First offenses are misdemeanors, subsequent offenses and syndicated gambling are felonies 720 ILCS 5/29-1 et seq. Bribery! Offering a bribe to affect the outcome of a sporting event or exhibition! Offering a promise of money or other thing of value to induce attendance at an institution of secondary or higher education.! Giving money, goods or other things of value to a college athlete and then representing or attempting to represent that athlete in future negotiations with professional sports teams! Failure to report the offer of a bribe 720 ILCS 5/31-1 et seq. Resisting or Obstructing a Peace Officer or DOC Employee! Knowing resistance or obstruction of a peace officer or DOC employee without causing injury! Obstructing service of process! Escape of a person who has been convicted of a misdemeanor; is in custody for the alleged commission of a misdemeanor; or is in custody for an alleged violation of a term or condition of supervision, probation or conditional discharge for a misdemeanor! Aiding escape! conveying anything to a prisoner for use in escaping! helping someone who is convicted of a misdemeanor escape or fail to return from furlough! aiding someone to escape from a public institution other than a penal institution 23

26 ! aiding someone in custody for the alleged commission of a misdemeanor! aiding someone in custody for an alleged violation of a term or condition of supervision, probation or conditional discharge for a misdemeanor 720 ILCS 5/32-1 et seq. Interference with Judicial Procedure! Witness in a criminal prosecution accepting payment prior to judgment or verdict! Payment of jurors by parties! False personation of oneself as a public officer or employee! False personation of a parent or legal guardian! Simulating legal process! Certain violations of bail bond provisions! Unlawful clouding of title 720 ILCS 5/33-1 et seq. Official Misconduct! Solicitation of misconduct (State government) - soliciting or receiving contributions from an entity over which the person has regulatory authority! Making a false report of solicitation of misconduct 720 ILCS 5/33F-1 et seq. - Unlawful Use of Body Armor! Unlawful use of body armor 720 ILCS 5/44-1 et seq. - Telecommunication Devices! Unlawful transfer of telecommunications device to a minor 720 ILCS 5/45-1 et seq. - Disclosing Location of Domestic Violence Victim! Disclosing, publishing or disseminating the location of any domestic violence victim without the authorization of that victim. 720 ILCS 5/46-1 et seq. - Insurance Fraud, Fraud on the Government, and Related Offenses! Insurance fraud when property obtained or attempted to be obtained is $300 or less in value! Fraud of a governmental entity when the property obtained or attempted to be obtained is $300 or less in value. 720 ILCS 5/47-1 et seq. - Nuisance! Dumping garbage (second or subsequent offenses) 720 ILCS 120/1 et seq. - Hazing Act! Hazing that does not result in death or great bodily harm 720 ILCS 125/1 et seq. - Hunter Interference Prohibition Act! Willful obstruction or interference with lawful taking of lawful animals! Failure to cease and desist from the willful obstruction when ordered to by a police officer 720 ILCS 130/1 et seq. - Neglected Children Offense Act! Contributing to dependency or neglect of a child 720 ILCS 135/1 et seq. - Harassing and Obscene Communications Act! Harassment by telephone! Harassment through electronic communications (NOTE: Under certain circumstances, violation of this Act can be a felony.) 720 ILCS 140/1 et seq. - Tax Preparer Disclosure of Information Act! Disclosure or conveyance of information without consent of the taxpayer or express authorization by state or federal law 24

27 720 ILCS 145/1 et seq. - Telecommunication Line Tapping Act! Tapping or wrongful connection with the telephone or telegraph wires of any person, company or association involved in the transmission of news 720 ILCS 150/1 et seq. - Wrongs to Children Act! Unlawful employment of children (essentially in a circus context or for an indecent or immoral purpose)(first offense)! Requiring acceptance of employment that would unreasonably interfere with the care of a child (first offense)! Abandonment of children by a school bus driver (first offense) 720 ILCS 205/1 et seq. - Aircraft Crash Parts Act! Removal of parts prior to completion of investigation 720 ILCS 210/1 et seq. - Animal Registration Under False Pretenses Act! Obtaining certificate of registration by false pretense 720 ILCS 225/1 et seq. - The Auction Sales Sign Act! Use of signs, billboards, flags, banners, etc. commonly used to designate that an auction is being held if the place so designated is not open to the general public 720 ILCS 235/1 et seq. - The Coin Slug Act! Use of slugs in a coin box, including telephones, transit turn styles or transit fare box 720 ILCS 240/1 et seq. - Conditional Sales Protection Act! Sale without consent of title holder 720 ILCS 245/1 et seq. - Construction Equipment Identification Defacement Act! Defacing identification marks on construction equipment 720 ILCS 250/1 et seq. - Illinois Credit Card and Debit Card Act! Using or allowing another to use a credit card or debit card with intent to defraud if the value of all money, goods, property, services or other things obtained does not exceed $150 in any six-month period! Furnishing money, goods or etc. with the intent to defraud if the goods, property, money, etc. does not exceed $150! False representation of money, goods or property furnished value not in excess of $150 in any sixmonth period! Receiving money, goods, etc. obtained in violation of this Act! Person other than cardholder signing the card 720 ILCS 295/1 et seq. - Deceptive Advertising Act! Publishing, disseminating or circulating untrue, misleading or deceptive advertising! Advertising with the intent, design or purpose not to sell at the advertised price 720 ILCS 300/1 et seq. - Derogatory Statement About Banks Act! Willfully and maliciously making derogatory statements about a banking institution 720 ILCS 310/1 et seq. - The Governmental Uneconomic Practices Act! Sales by state, subdivisions or municipalities to officers or employees are forbidden 720 ILCS 315/1 et seq. - Horse Mutilation Act! Docking or assisting in docking a horse s tail, unless it is proved to be to the horse s benefit 25

28 720 ILCS 325/1 et seq. - Insurance Claims for Excessive Charges Act! Person advertises or promises to provide a good or service and to pay all or part of an insurance deductible, or a rebate of same! Person knowingly overcharges for a good or service by an amount equal or greater than all or part of the applicable insurance deductible paid by seller on behalf of an insured or remitted to insured as a rebate! Submitting or allowing submission of an insurance claim in violation of this section 720 ILCS 335/1 et seq. - Marks and Serial Numbers Act! Destruction or alteration of manufacturers serial numbers 720 ILCS 340/1 et seq. - The Sale of Maps Act! Sale of current Illinois publications or highway maps published by the Secretary of State 720 ILCS 355/1 et seq. - Stallion and Jack Pedigree Act! Misrepresentation of pedigree and registration 720 ILCS 360/1 et seq. - Telephone Line Interference Act! Injury to wires or property, interference with messages 720 ILCS 365/1 et seq. - Telephone Charge Fraud Act! Obtaining service with intent to defraud (first offense) 720 ILCS 370/1 et seq. - Telephone Coin Box Tampering Act! Tampering with a telephone coin box in order to get money out of it 720 ILCS 375/1 et seq. - Ticket Scalping Act! Selling tickets elsewhere than a box office! Selling tickets for more than the price printed on the ticket! 720 ILCS 395/1 et seq. - Video Movie Sales and Rentals Act! Sale or rental of a movie which does not display the official rating of the motion picture 720 ILCS 505/1 et seq. - Abandoned Refrigerator Act! Abandonment of refrigerators or iceboxes in places accessible to children 720 ILCS 510/1 et seq. - Illinois Abortion Law of 1975! Any intentional violation of any provision of this Act is a Class A misdemeanor unless a specific penalty is otherwise provided 720 ILCS 530/1 et seq. - Aerial Exhibitors Safety Act! Performing on a trapeze or tightrope without a net 720 ILCS 550/1 et seq. - Cannabis Control Act--including Class 4 felonies (NOTE: First offenders are eligible for Section 550/10 probation, successful completion of which results in dismissal of charges.)! Possession of up to 30 grams of any substance containing Cannabis (first offense) (NOTE: Class of misdemeanor is determined by amount possessed.)! Manufacturing, delivering or possessing with intent to deliver up to 10 grams of any substance containing Cannabis (NOTE: Class of misdemeanor is dependent of amount manufactured or delivered.)! Unauthorized production or possession of not more than 5 Cannabis sativa plants 26

29 720 ILCS 570/1 et seq. - Controlled Substances Act! Possession of a look-a-like substance subsequent to a first offense 720 ILCS 585/1 et seq. - Illinois Dangerous Animals Act! Possession or maintenance of any dangerous animal in a facility other than a zoological park or other enumerated facility 720 ILCS 590/1 et seq. - Discrimination in Sale of Real Estate Act! Inducements to sell or purchase by reason of race, color, religion, national origin, ancestry, creed, handicap or sex - and prohibition of solicitation on those bases 720 ILCS 600/1 et seq. - Drug Paraphernalia Control Act! Possession of drug paraphernalia 720 ILCS 605/1 et seq. - Excavation Fence Act! Failure to surround or cover open wells, cess pools, cisterns, quarries, etc. with protective fencing 720 ILCS 610/1 et seq. - Feeding Garbage to Animals Act! Feeding garbage to swine or any animals or poultry on any farm or premises where swine are kept, other than household food scraps 720 ILCS 625/1 et seq. - Grain Coloring Act! Coloring barley wheat or other grains 720 ILCS 630/1 et seq. - Guide Dog Access Act! Denial of entry and use of public place of accommodation to a blind, hearing-impaired or physically handicapped person and their guide dog 720 ILCS 635/1 et seq. - Hypodermic Syringes and Needles Act! Possession of instruments adapted for use of controlled substances or cannabis by subcutaneous injection (first offense) 720 ILCS 650/1 et seq. - Nitroglycerin Transportation Act! Transportation of liquid nitroglycerin on a State or any highway 720 ILCS 655/1 et seq. - Outdoor Lighting Installation Act! Failure to install and maintain lights at or near the outside of the front entrance way of a multiple dwelling building 720 ILCS 660/1 et seq. - Party Line Emergency Act! Refusal to yield a party line in an emergency! Use of a party line under pretext of emergency 720 ILCS 670/1 et seq. - Sale of Immoral Publications to Children Act! Sale of certain publications to minors! Exhibition of certain publications prohibited! Employing minor child to sell such publications 720 ILCS 685/1 et seq. - Tobacco Accessories and Smoking Herbs Control Act! Sale, barter, exchange, delivery or giveaway to a person under 18 years of age tobacco accessories or smoking herbs! Sale of cigarette papers from an establishment other than one where tobacco products are sold! Sale of cigarette papers from vending machines! Use of false or forged identification cards to obtain smoking accessories and smoking herbs 27

30 720 ILCS 690/1 et seq. - Use of Intoxicating Compounds Act! Ingesting, breathing, inhaling or drinking any of the enumerated compounds in Section 1! Sale or delivery of those compounds by someone other than the person authorized to practice medicine, dentistry or veterinary medicine in the State 28