Full question:
I am a former resident of Chicago Illinois but lives in Detroit, Michigan now. I was charged with burglary but was acquitted by the court. I would like to get the record of my arrest removed from the public domain. I live out of state, so can I get my record removed through the mail and do I have to appear in court in person?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Michigan
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.”
Many courts have a process that accepts expungement petitions by mail. Enquire with the circuit clerk of the court where the petition is to be filed and determine what the local procedures are for taking expungement petitions by mail. Further, you may need to appear in person at the court if a hearing is required. The court may allow an attorney to appear on your behalf. However, if you do not appear in court in person you may risk having your petition dismissed.
The process of getting your records expunged may take only couple of months unless the state objects your petition. Once your records are expunged, you may get a response in the mail from the court, the arresting authority or the Illinois state police. However, if your petition is denied, you may petition the judge to reconsider. Alternatively, you may file a notice of appeal and take your case to the appellate court.
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.
