Misdemeanor expungement is not automatically granted in most cases, so it is necessary to specifically request it. From there, the criminal record of the person requesting expungement will be thoroughly reviewed in order to determine eligibility. Again, each state has their own eligibility criteria; generally, this includes:. The court then receives the petition, as well as any objections, and may schedule a hearing to determine the outcome of the case. The judge will hear both sides and make the decision to approve or deny the expungement request.
Misdemeanor expungement is not a magic wand.
This means that it does not make the prior offense disappear completely, and there are several misdemeanors that do not qualify for expungement. Expungement cannot restore gun ownership privileges, and it cannot excuse a person from sentences that require the defendant to register on a sex offender list. Additionally, it is often the responsibility of the defendant to notify any agencies and organizations that have previously recorded the conviction.
This could include other courts, family services agencies, and the department of motor vehicles. The defendant will likely need to submit a copy of the expungement order, along with a request that these agencies update their own records to reflect the change. Expungement is not automatic.
From the Discussions - Can you expunge only part of a criminal file?
Having a misdemeanor expunged is a complicated process that involves a legally complicated process of determining eligibility. They will also help you understand your eligibility, as well as represent you in court, and assist you in notifying all appropriate agencies of the expungement if need be.
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Connecting …. Contents What are the Requirements for Misdemeanor Expungement? Link to this page:. The record still exists, but it cannot be viewed by the public. Law enforcement can still see sealed records. DUI convictions and determinations of supervision cannot be sealed. Expungements do not happen automatically. Typically, if you are charged with an offense and the result is one of the following, then you can file for an expungement without a waiting period:.
Expunging A Chicago, Illinois Solicitation Charge
The same goes for DUI arrests. If you are arrested and charged with DUI and the result is any of the above, then you can file for an expungement. Court supervision is a deferred dismissal of the charge. If the person completes the period of supervision successfully, then the charges are dismissed at the end of the supervision period. For some misdemeanors, a result of supervision can be expunged after a five year waiting period. This is not the case with DUI supervision. A DUI supervision cannot be expunged. Though it is not a conviction, Illinois law considers DUI a very serious crime and does not allow for a DUI supervision to get expunged.
Similarly, if your DUI results in a conviction, then the records cannot be expunged. Changes to Illinois law put into effect this year, make it so that many charges that did not result in a conviction could be expunged, even if a previous conviction is on record. The new law also pilots a change in filing fees in Cook County. Expungements can be obtained without a filing fee in Cook County for charges that were dismissed, acquitted, or released without charging. Other counties still have filing fees. You can file for an expungement without an attorney, however, it is in your best interest to have legal representation.
As part of the expungement process you may have to appear at a hearing, and it is always a good idea to have an advocate on your side when appearing in court. Dennis F. Dwyer has helped many clients obtain expungements, and is able to guide you through the process.