Crimes of Violence Convictions Become Eligible For Sealing Effective January 1, 2015
Effective Januar 1, 2015 new Illinois legislature permits crimes of violence to be sealed. Prior to the new law, no crimes of violence could be sealed unless the sentence involved supervision and the petitioner had no conviction on his/her record. Because a disposition involving probation or “time considered served” is considered a conviction, even low level misdemeanor offenders with convictions of assault or battery often found themselves with a permanent records, which could not be expunged nor sealed. Public Act 098-1009 lifts the restriction on sealing “crimes of violence” making these records eligible effective January 1,...
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Can Traffic Records 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 20 ILCS 2630/5.2(a)(3)(B), “the court shall not order the sealing or expungement of records of minor traffic offenses. 20 ILCS 2630/5.2(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...
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Certificates of Eligibility for Expungement of Class 3 and Class 4 Felony Convictions for Servicemen
Effective August, 2013, Illinois permits individuals who have served in the United States Armed Forces or National Guard to apply for Certificate of Eligibility for Expungement of Class 3 and Class 4 Felony Convictions. Petitioners must have served and received an honorable discharge or at the time of the filing of the petition be enlisted and have served one tour of duty. The approval for the Certificate requires unanimous vote of a panel of at least 3 members. Records not eligible for the Certificate include: (1) sex offenses, (2) offenses involving a firearm, and (3) crimes of violence. Individuals whose petitions are denied must wait four years before re-applying for the Certificate of Eligibility for Expungement or filing for a pardon with authorization for expungement from the...
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Illinois Passes New Law Expanding Felony Records Eligible For Sealing
Pursuant to 730 ILCS 5/3-3-2(a)(10), Class 3 or Class 4 felony conviction records may become eligible for sealing after obtaining a Certificate from the Parole and Pardon Board. A petitioner is eligible to apply to the board for the certificate after 5 years have lapsed since petitioner’s last arrest, detention by any law enforcement agency, or violation of any law (excluding petty and traffic offenses). Only one Certificate for Eligibility of Sealing may be granted in petitioner’s life. If the Certificate is not granted, petitioner must wait 4 years before applying again. The approval for the Certificate requires a unanimous vote from at least 3 members of the Parole and Pardon Board Panel. Records still not eligible for Certificate of Sealing include: (1) aggravated assault, (2) aggravated battery, (3) domestic battery, (4) domestic battery, (5) aggravated domestic battery, (6) violation of an order or protection, (7) criminal offenses involving a firearm, (8) DUI, (9) aggravated DUI, (10) any crime of violence under Section 2 of the Crime Victims Compensation Act. The statute states that the board may only authorize for the sealing Class 3 or Class 4 felony records from one information or indictment, inherently suggesting that certificates may be granted for multiple felony convictions under the same indictment or information. By: Andrius...
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