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How to expunge a misdemeanor in Illinois?

How to Expunge a Misdemeanor in Illinois

Expunging a misdemeanor in Illinois can be a complex and time-consuming process, but it is possible with the right guidance. In this article, we will provide a step-by-step guide on how to expunge a misdemeanor in Illinois, including the eligibility requirements, the process, and the benefits of expungement.

Eligibility Requirements

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To be eligible for expungement in Illinois, you must meet the following requirements:

  • The offense was a misdemeanor and you were convicted of it.
  • You have completed your sentence, including any probation or parole.
  • You have not been convicted of any other crime within the past 5 years.
  • You have not been convicted of a felony.
  • You have not been convicted of a crime that is not eligible for expungement (such as a crime involving domestic violence or a sex offense).

The Expungement Process

The expungement process in Illinois involves several steps:

  1. Determine Eligibility: Review the eligibility requirements above to ensure you meet the criteria.
  2. Gather Required Documents: Collect the following documents:

    • A copy of your criminal record (available from the Illinois State Police or the court where you were convicted).
    • A copy of your conviction and sentence documents.
    • A copy of your proof of completion of sentence documents (if applicable).
  3. Fill Out the Petition: Complete the Petition for Expungement (Form #114.20) and attach the required documents.
  4. File the Petition: File the petition with the court where you were convicted.
  5. Wait for the Court’s Decision: The court will review your petition and make a decision. If approved, the court will issue an order of expungement.

Types of Misdemeanors Eligible for Expungement

The following types of misdemeanors are eligible for expungement in Illinois:

  • Simple Assault: A simple assault conviction can be expunged if it was a first-time offense and you have completed your sentence.
  • Disorderly Conduct: A disorderly conduct conviction can be expunged if it was a first-time offense and you have completed your sentence.
  • Criminal Trespass: A criminal trespass conviction can be expunged if it was a first-time offense and you have completed your sentence.
  • Marijuana Possession: A marijuana possession conviction can be expunged if it was a first-time offense and you have completed your sentence.

Types of Misdemeanors Not Eligible for Expungement

The following types of misdemeanors are not eligible for expungement in Illinois:

  • Domestic Violence: A domestic violence conviction is not eligible for expungement.
  • Sex Offenses: Sex offense convictions are not eligible for expungement.
  • DUI: A DUI conviction is not eligible for expungement.
  • Traffic Offenses: Traffic offense convictions, such as reckless driving or driving on a suspended license, are not eligible for expungement.

Benefits of Expungement

Expunging a misdemeanor in Illinois can have several benefits, including:

  • Improved Job Prospects: Expunging a misdemeanor can improve your job prospects by removing the conviction from your criminal record.
  • Enhanced Credit Score: Expunging a misdemeanor can also improve your credit score by removing the conviction from your credit report.
  • Reduced Stigma: Expunging a misdemeanor can reduce the stigma associated with having a criminal conviction.
  • Increased Opportunities: Expunging a misdemeanor can increase your opportunities for education, housing, and other benefits.

Filing Fees and Costs

The filing fee for an expungement petition in Illinois is $150. You may also need to pay additional costs, such as:

  • Court Reporter Fees: $25-$50
  • Clerk’s Fees: $25-$50
  • Fingerprinting Fees: $20-$50

Conclusion

Expunging a misdemeanor in Illinois can be a complex and time-consuming process, but it is possible with the right guidance. By understanding the eligibility requirements, the expungement process, and the benefits of expungement, you can take the first step towards clearing your criminal record and improving your future opportunities.

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