Full question:
I work as a bouncer at a club in Chicago, Illinois. I was recently charged and arrested for an alleged assault I had not committed. I was acquitted by a jury of my peers on the charges of assault. I am concerned that the record of my arrest in the public domain may negatively affect me in the future. Since I have been acquitted of the charges, I was wondering if there was any way I could remove the record of my arrest from the public domain?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Illinois
Answer:
In Illinois, you may be able to expunge your arrest record since you were acquitted. According to Section 5.2 of the Criminal Identification Act (20 ILCS 2630/5.2), individuals who have never been convicted of a crime can expunge qualifying arrests.
To be eligible for expungement, you must meet the following criteria:
- You have never been convicted of a criminal offense.
- Your arrest resulted in an acquittal, dismissal, or your release without charges.
To start the process, you need to file a petition in the circuit court where your arrest occurred. You can do this without an attorney, as the law allows individuals to clear their records independently. You may need to attach a copy of your arrest record to the petition.
Be aware that there is a filing fee at the courthouse and a fee payable to the Illinois State Police. If you cannot afford these fees, you can submit a fee waiver application with your petition. The expungement process can take a few months, provided there are no objections from the State.
Note that this expungement process only applies to criminal records maintained by the State of Illinois. Federal or out-of-state convictions cannot be expunged or sealed under Illinois law. Additionally, the Criminal Identification Act does not cover minor traffic offenses, divorces, orders of protection, or other civil matters.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.