![]() Some Criminal Records in Illinois Cannot Be Erased On Januthe fees will be reinstated unless a new law extends it. Note that this fee waiver is on a trial basis. The provisions of this paragraph (1.5), other than this sentence, are inoperative on and after Januor one year after the effective date of this amendatory Act of the 99th General Assembly, whichever is later. In a county of 3,000,000 or more inhabitants, no fee shall be required to be paid by a petitioner if the records sought to be expunged or sealed were arrests resulting in release without charging or arrests or charges not initiated by arrest resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated, unless excluded by subsection (a)(3)(B). However, the law now provides as follows That $120.00 cost fell on the innocent and the guilty alike. Previously, the Clerk of the Circuit Court of Cook County would charge a $60.00 administrative fee for the work involved in processing expungement paperwork, and there would be an additional charge for a $60.00 administrative fee for the Illinois State Police. Costs for Getting Rid of an Arrest Record in Cook Countyīased on the new change, it also got less expensive in Cook County to petition the court for an expungement if you were not convicted. ![]() He may not expunge the trespassing conviction, but at least he does not have to explain why he was a murder suspect in future job interviews. In the past, the murder arrest followed him for life. He may now petition to have the arrest for the crime of murder expunged off his record. ![]() A video of the murder is found and the young man is cleared of the murder beyond any doubt. Later, he is mistakenly identified as a murder suspect. The young man pleads guilty for time considered served so that he can be released from jail immediately. You still cannot expunge the conviction in most cases.įor example, suppose a young man refuses to leave a bar after a little too much to drink and he is arrested for trespassing. Expunging a Conviction Record in Illinois What this means is if you were not convicted of a crime, you may petition the court to expunge any record of that arrest and prosecution even if you have a conviction or convictions on your record. (1) A petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when each arrest or charge not initiated by arrest sought to be expunged resulted in: (i) acquittal, dismissal, or the petitioner's release without charging, unless excluded by subsection (a)(3)(B) (ii) a conviction which was vacated or reversed, unless excluded by subsection (a)(3)(B) (iii) an order of supervision and such supervision was successfully completed by the petitioner, unless excluded by subsection (a)(3)(A) or (a)(3)(B) or (iv) an order of qualified probation (as defined in subsection (a)(1)(J)) and such probation was successfully completed by the petitioner. The relevant portion of the old law read as follows: Why Getting Rid of an Arrest Record in Illinois is Now Easier With the new changes, however, if you are not convicted of a crime, you may now expunge it, no matter what else is on your criminal record. Prior to this new change, which we will explain shortly, anyone who had a conviction for anything in their past could never expunge a new arrest that resulted in a record of conviction or any new arrest where the charges were dismissed or the defendant was found not guilty. The even better news is that the limitations on who can expunge an arrest have now become more favorable, due to a major change in Illinois Expungement law that came into effect in January 2017. We do this for our criminal defense clients and for others who we have not previously represented. It's called expungement, and we regularly help people with getting rid of Illinois criminal arrest records. The good news is there is a way to erase the record of an arrest. In addition, the police will see prior arrest records, and may treat you differently if you allow these arrests to stay on your public record. In other words, when you go to apply for a job and an employer does a background check, they will see the arrest recorded in the databases of police agencies and the criminal court. ![]() But, for many of our criminal defense clients, it's a short celebration because they quickly realize that the arrest record is available to the public. If you have been arrested for a criminal offense in Illinois and were not convicted, you might be eager to celebrate. Call us today at (312) 466-9466 to learn more about how we assist with the expungement process. The law has changed! It's now easier, in some cases, to clear, expunge, erase, seal and get rid of a criminal arrest record in Illinois.
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