Illinois Expungement Package
Definition and meaning
The Illinois Expungement Package is a collection of legal forms designed to help individuals in Illinois petition for the expungement of their criminal records. Expungement is the legal process of erasing or sealing a criminal record, making it inaccessible to the public. This process is intended for individuals who have not been convicted of offenses or are eligible due to certain criteria set by Illinois law.
How to complete a form
To complete the forms in the Illinois Expungement Package, follow these steps:
- Print the forms or fill them out digitally on your computer.
- Ensure you use your complete name without initials.
- Check for spelling errors and make three copies of each completed form.
- Complete the required headers, which include the court name, your name, case number, and document name.
- Submit your completed forms to the Circuit Court where your original case was filed.
Who should use this form
This form is suitable for individuals who meet the following criteria:
- They have never been convicted of a criminal offense.
- They have been acquitted or released without a conviction.
- They have completed supervision for an offense after the required waiting period.
- Individuals seeking expungement for specific offenses against minors or DUIs are not eligible.
State-specific requirements
In Illinois, certain specific requirements must be fulfilled to successfully file for expungement. The individual must not have any prior convictions, and specific waiting periods may apply based on the nature of the offense. For instance, individuals may need to wait two or five years after supervision ends before applying, depending on the offense type.
Common mistakes to avoid when using this form
When completing the Illinois Expungement Package, avoid these common mistakes:
- Using initials instead of your full name can lead to processing delays.
- Failing to check for spelling errors may result in rejected forms.
- Neglecting to complete headers and the required information can invalidate your submission.
- Not filing multiple copies of the forms as required.
Form popularity
FAQ
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.
200dThe expungement and sealing processes are nearly identical. First, you must file a petition and pay a fee with the circuit clerk in the county in which the arrests occurred or the charges were brought. If you were arrested or charged in multiple counties, then you must file a petition in each of those county.
Prostitution (720 ILCS 5/11-14) Possession of cannabis (720 ILCS 550/4) Possession of a controlled substance (720 ILCS 570/402) Theft (720 ILCS 5/16-1) Retail theft (720 ILCS 5/16-25(a) or 720 ILCS 5/16A-3) Deceptive practices (720 ILCS 5/17-1) Forgery (720 ILCS 5/17-3)
You may call toll-free (866) 787-1776 in Chicago or (866) 431-4907 Statewide, or e-mail expungement@osad.state.il.us.
The state of Illinois has up to 60 days to object to your Petition to Expunge or Petition to Seal. The speed of processing within your jurisdiction can also be a factor. Provided there are no objections and the petition is processed within a reasonable amount of time, three to four months is a solid estimate.
An expungement application costs at least $120 just for the paperwork to be submitted in the simplest cases. Lawyer counseling fees to help you get the paperwork done properly vary depending on the complexity of your case, but expect us to charge you $500 minimum just to get into the case, and more if it is complex.
An expungement application costs at least $120 just for the paperwork to be submitted in the simplest cases. Lawyer counseling fees to help you get the paperwork done properly vary depending on the complexity of your case, but expect us to charge you $500 minimum just to get into the case, and more if it is complex.