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Illinois Additional arrests or Cases for Expungement & Sealing (SCa)

State:
Illinois
Control #:
IL-SKU-2931
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PDF
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Description

additional arrests or Cases for Expungement & Sealing (SCa)

Illinois Additional arrests or Cases for Expungement & Sealing (SCA) refers to the process of sealing and expunging criminal records for individuals who have been arrested or charged with certain offenses in the state of Illinois. It is important to note that not all arrests or charges are eligible for expungement and sealing. There are several types of Illinois Additional arrests or Cases for Expungement & Sealing (SCA). These include: 1. Supervision Sealing: This type of sealing applies to individuals who have successfully completed a period of supervision (probation or supervision). It is important to note that this type of sealing is only available for non-violent offenses. 2. Expungement of Arrests: This type of expungement applies to individuals who have been arrested but have not been convicted of the offense. It is important to note that for expungement of an arrest to be granted, the individual must not have been found guilty of the offense or have any other pending charges. 3. Expungement of Convictions: This type of expungement applies to individuals who have been convicted of certain offenses and have since fulfilled all of their obligations to the court. It is important to note that this type of expungement is only available for non-violent offenses. 4. Sealing of Juvenile Records: This type of sealing applies to individuals who were adjudicated for certain offenses as a juvenile. It is important to note that this type of sealing is only available for non-violent offenses. 5. Expungement of Dismissed Cases: This type of expungement applies to individuals who have had a case dismissed or have been found not guilty of an offense. It is important to note that this type of expungement is only available for non-violent offenses.

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FAQ

The answer is simple: A criminal arrest will be on your background forever unless it is expunged or sealed! Charges that were eventually dismissed at court can potentially be expunged or sealed from your criminal record. Unfortunately, the clearing of your criminal record is not automatic.

You may be immediately statutorily eligible for an expungement if the final disposition of your case was that charges were: dropped, dismissed, acquitted (not guilty) or arrested without charging. This is true regardless of whether you were charged with a felony or a misdemeanor.

In the case of expungement, once you've been acquitted of a crime, you can file it right away. If the case is considered Stricken with Leave, then you must wait 160 days before you can petition for expungement. In cases of Non-Suit, you must wait 120 days.

When a record is sealed, it cannot be seen by the general public. However, employers required by law to do background checks can still see sealed felony convictions.

Arrest, charges or sentences that cannot be expunged (erased): Any federal conviction outside Illinois. Any sentences you have not yet completed, including parole, probation, or court supervision. Minor traffic offenses (unless you were released without being charged)

Arrests and dismissals Arrests and charges for misdemeanors and felonies that did not lead to a conviction can be expunged. But if the judge does not allow those records to be expunged, they can be sealed at any time.

Under current Illinois expungement law, you cannot expunge a misdemeanor if: You were convicted. Sentenced to Conditional Discharge. Sentenced to Time Served. Sentenced to Regular Probation. DUI, Reckless Driving and traffic offenses. Sex Offenses involving a minor.

year waiting period to expunge a misdemeanor record applies following a supervision sentence. There is a fiveyear waiting period to expunge a felony charge following a special probation sentence. In both cases, the waiting period runs from the date the sentence is satisfactorily terminated.

More info

Contact the arresting agency or the prosecuting attorney's office for more information about how to submit a request, required fees, and additional paperwork. Generally, arrest and court records where the charges were dismissed are eligible for expungement.Only certain convictions can qualify for an expungement. The petition only addresses a single criminal case. A mere arrest record without a conviction is more likely to be expunged than an actual conviction. Complete the documents and submit them with the law enforcement agency. Uncharged arrests must be sealed automatically after one year, and most non-convictions are sealed automatically at disposition. Moreover, no more than two offenses and convictions can be sealed. Of these, only one can be a felony and it must be at least ten years old. If you went to court in more than one district, you will need to file forms in each district where an arrest, charge, or conviction happened.

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Illinois Additional arrests or Cases for Expungement & Sealing (SCa)