Automatic Nondisclosure For First-time Misdemeanors In Chicago
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It is important to know that there is no automatic expungement of adult arrest or criminal court records in Illinois. Even if you were only arrested and never charged or your case was later dismissed or you were found not guilty, those records all exist until you actively seek to expunge them.
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.
Sadly, a misdemeanor will stay on your record for the rest of your life. It's a common misconception that misdemeanor convictions in Illinois simply go away after a period of time. Unfortunately, a criminal conviction is with you for the rest of your life.
Recent legislation significantly expanded the misdemeanor and felony offenses that are eligible for expungement and sealing in Illinois. The sentence you received and the offense determine your eligibility for expungement and/or sealing.
You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging. You could lose your case if you don't follow the appropriate steps or complete the paperwork correctly.
Once a judge signs an order to expunge or seal, the Clerk of the Circuit Court will remove all records from their system including their public access system so the information does not appear on a background check. A search in the Clerk's system will not yield any results as if the case never occurred.
In addition to Utah, automatic record clearance, also known as “Clean Slate,” policies are now in place in 12 states, including Pennsylvania, Michigan, Connecticut, California, Delaware, Virginia, Minnesota, and New York.
The following criminal records qualify for an automatic expungement: Arrests will be automatically expunged in one year as long as the juvenile is not arrested for any other reason during that time. If the charges were dropped or the juvenile was found not delinquent, the charges will be expunged automatically.
