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:
The Section 5.2 of the Criminal Identification Act (20 ILCS 2630/5.2) of Illinois enables individuals who have never been convicted of a criminal offense or municipal ordinance violation to expunge qualifying arrests, supervision, and probation. However, if you have been convicted of a criminal offense or municipal ordinance violation, your records cannot be expunged, but they may still be eligible for sealing under the act. Section 5.2 states that:“(1) A petitioner may petition the circuit court to expunge the records of his or her arrests and charges not initiated by arrest when:
(A) He or she has never been convicted of a criminal offense; and
(B) 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.”
(A) He or she has never been convicted of a criminal offense; and
(B) 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 petition to expunge the records must be filed in the county where your charges were brought or you had been arrested. Further, the petition can be filed without an attorney as the law provides a procedure where the people can clear their records without hiring an attorney. You may need to attach a copy of the record along with your petition. Also, getting your record expunged will cost a filing fee at the courthouse and a fee payable to the Illinois State Police. However, if you are not able to afford the filing fee, you may file your petition along with a fee waiver application. Typically, a petition to expunge records can take a few months to be completed as long as there is no objection from the State.
A petition to expunge records in the State of Illinois can only affect criminal records prosecuted and maintained by the State of Illinois and Federal or out-of-state convictions cannot be expunged or sealed under Illinois Law. Furthermore, the Criminal Identification Act is meant to expunge and seal criminal records and it does not apply to minor traffic offenses, divorces, entry of an order 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.
