Expunging Your Criminal Record

Expunging Your Criminal Record

Last updated: May 2009

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The steps involved in expunging a criminal record are:Review the "Common Questions."Determine if you are eligible to expunge your criminal record.Complete and file the necessary Forms.File your petition.Wait for a response from the court.Click on words that appear like 'this' to learn what these words mean.]]> Select from the list below:]]> What is expungement?When a record is expunged it is physically destroyed as if it never existed. Expungement means that:Your arrest record is removed from the official records of the arresting authority and the Department of State Police;Your name is removed from the official index that the Circuit Clerk must keep;Employers and law enforcement officials cannot see the record.Note that if your criminal case requires a 5 year waiting period to be expunged, then prosecutors will be able to see it if you are charged with the same or similar offense in the future. ]]>What types of criminal cases can be expunged?You can expunge your criminal record if you have no convictions. The following types of cases are not convictions:Cases in which you are acquitted or released without being convicted (including cases in which you have not been charged). Petitions to Expunge may be filed immediately after the acquittal or release without a conviction. Use Form CCCR-0011. If your case was Stricken with Leave to Reinstate (SOL), or a non-suit, then you must wait 120-160 days to file your Petition to Expunge; Cases in which the Governor has issued a pardon that specifically states that your records should be expunged. Use Form CCCR-0011;Cases in which an order was entered terminating "710/1410" or TASC probation. At least five years must have passed since the order of termination was entered for the following cases (use Form CCCR-0012): - Cannabis Control Act (first time offender only) - Control Substance Act (first time offender only) - Steroid Control Act - Alcohol and Drug Dependency Act Remember that if you received TASC probation, then you must vacate the order within 30 days of completing probation. Cases other than those listed immediately below in which an Order of Supervision was entered and two years have passed since discharge and dismissal of supervision. Use Form CCCR-0011;Cases in which an Order of Supervision was entered and five years have passed since termination of supervision. Use Form CCCR-0012 for the following charges: - Uninsured Motor Vehicle - Suspended Registration for Non-insurance - Display of False Insurance - Scrap Processor to Keep Records - Reckless Driving - Domestic Battery - Criminal Sexual Abuse - Aggravated Battery of a Child - Offense Retail Theft]]>What types of criminal cases cannot be expunged?A person may only expunge their criminal record if they have never been convicted. Convictions include the following: A guilty plea, guilty finding or guilty verdict which results in a sentence other than probation under the Cannabis, Controlled Substances, Steroid Control and Alcohol and Drug Dependency Acts Probation (except under the Cannabis, Controlled Substances, Steroid Control and Alcohol and Drug Dependency Acts)Cases where the defendant was granted supervision for or was convicted of a sexual offense committed against a minor under 18 years of age Conditional discharge D.U.I. SupervisionOne conviction on your record makes your entire record ineligible for expungement.]]>What if I can't expunge my record?If you do not qualify to expunge your criminal record, you still may qualify for sealing. When a record is sealed, it is no longer available to employers or other members of the public. Even if you have been convicted of a misdemeanor, or a certain type of less serious felony, you may be able to seal your record. Go to the "Related Articles" section for more information.]]>What if someone stole my identity and committed a crime?If someone lied and used your identity during an arrest, citation or conviction, then you may have a criminal record. This can also happen when a criminal complaint is filed against someone else in your name, or when your name is mistakenly associated with a criminal conviction. If this has happened then you are a victim of criminal identity theft. The process for clearing your record in this situation is different. Go to the "Related Articles" section of this guide to learn more. ]]>How can I be sure I am listing all the cases I want to expunge?You can get a copy of your rap sheet/criminal record. To get your rap sheet, you must go to the police station yourself. A lawyer cannot go for you. The police will take your fingerprints. Then they will print out your entire record for that police district and give it to you. In Chicago you need your rap sheet/criminal record. To obtain it, use the following information:Chicago Police DepartmentAccess and Review Division3510 S. Michigan Avenue, 1st FloorChicago, IL 60602312-745-5570Fingerprints taken: Monday-Friday, 8:00 a.m. - 12:00 p.m.Pick-up criminal history results: Monday-Friday, 2:00 p.m. - 3:30 p.m.Fee: $16.00For records in the State of Illinois, use the following information:Illinois State Police (in Joliet, Illinois)Division of AdministrationBureau of Identification260 North Chicago StreetJoliet, IL 60431815-740-5160, extension 2743Order forms online at the Illinois State Police website.Fee for non-fingerprint conviction information: at least $12.00Fee for fingerprint conviction information: at least $14.00]]>If I qualify for expungement, what do I do next?To complete the expungement, you must fill out and file certain forms at each Circuit Court Clerk's office where you have cases. If you live in Chicago, you can file at the Daley Center, Room 1006, or you can file at 26th and California in the criminal courts building at the Clerk's office, 5th floor. If your cases happened in a suburban district of Chicago, or in another court, then you must file your expungement forms in that district or court.]]>What does it cost to expunge my records?It costs $120 to file your Petition to Expunge. If you have to file in Chicago at the Daley Center or 26th Street and California, then you must pay an additional $9 per case for your dispositions. If you cannot afford the fees, you can ask the court to pay them for you. For more information on waiving court costs, see "Related Articles." Once a judge agrees to waive your fees, you may file for expungement without paying for it.]]>Can I get help expunging my record?Yes. If you live in Chicago, you can speak with a lawyer at the Expungement Help Desk in Room 1006 of the Daley Center. The Help Desk is open Monday through Thursday, from 9:00 am to noon. You must bring a current rap sheet with you. ]]> You may use these forms and instructions to help you solve your problem. To find out where to file court forms and if there are any fees to file the forms, check with your county Circuit Clerk. To find out how to contact your Circuit Clerk, visit the Illinois Courts' website.]]>4728index.cfm?fuseaction=home.dsp_content&contentID=4728Criminal and Traffic Expungement Guidelines4731index.cfm?fuseaction=home.dsp_content&contentID=4731Petition to Expunge4732index.cfm?fuseaction=home.dsp_content&contentID=4732Petition to Expunge and Seal4733index.cfm?fuseaction=home.dsp_content&contentID=4733Order to Expunge (and Seal)4734index.cfm?fuseaction=home.dsp_content&contentID=4734Notice of Filing6768index.cfm?fuseaction=home.dsp_content&contentID=6768Contact Information for Law Enforcement Agencies outside of Chicago5153index.cfm?fuseaction=home.dsp_content&contentID=5153Expungement Information from the Office of the State Appellate Defender Following are step-by-step instructions to help you with your legal problem. If the county you live in is listed, use the steps for that county. If the county you live in is not listed, check with the Clerk of the Court in your county for any specific procedures you will need to follow. Click here to find the location of your Clerk's office. You should print the steps for your county and take them with you to use as a checklist.]]>Chicago Steps Click on the title below to view and print step-by-step instructions:Steps for Expunging Your Criminal Record in Chicago ]]>Listed below are other articles that you may find helpful.Note: You may leave this page when you click on a link below.]]>5201index.cfm?fuseaction=home.dsp_content&contentID=5201I Want to Seal My Criminal Record5185index.cfm?fuseaction=home.dsp_content&contentID=5185How to File for Executive Clemency5638index.cfm?fuseaction=home.dsp_content&contentID=5638How Can I Clear My Criminal Record if Someone Else Used My Identity? 4926index.cfm?fuseaction=home.dsp_content&contentID=4926How to Read my Rap Sheet2595index.cfm?fuseaction=home.dsp_content&contentID=2595Clearing A Criminal Record in Illinois1779index.cfm?fuseaction=home.dsp_content&contentID=1779How to Waive Your Court Costs6769index.cfm?fuseaction=home.dsp_content&contentID=6769Basic Fact Sheet on Expungement and Sealing

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