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*****THIS PAGE IS UNDER CONSTRUCTION DUE TO RECENT CHANGES IN THE LAW PERTAINING TO CANNABIS CHARGES
If you have ever been arrested or have had a criminal charge filed against you in the State of Illinois, then you have a criminal record, sometimes referred to as a criminal background or "rap sheet", even if one or more of the following applies to you:
did not have to appear in court
Contrary to popular belief, a criminal record does not just disappear after a certain period of time - with the exception of very recent changes in the law regarding cannabis as discussed below. The process of "erasing" your arrest and/or criminal record is called "expungement" which is often used interchangeably with "sealing" your record. In Illinois, some charges are eligible to be expunged (erased, deleted or destroyed) while others are only eligible to be sealed (kept from public view and only unsealed by court order). Which charges are eligible to be expunged or sealed is determined by Illinois Statute 20 ILCS 2630/5.2 (see also recent changes regarding cannabis charges as discussed below).
Not all criminal charges are eligible to be expunged or sealed with the exception some pertaining to Honorably Discharged Veterans. The charges that are excluded from either are also determined by Illinois Statute 20 ILCS 2630/5.2.
In Illinois there is a waiting period from the time your charge is dismissed or when your supervision is completed before you may petition to have your record expunged. Which criminal charges are eligible for expunging and/or sealing is determined by statute (20 ILCS 2630/5.2). In Illinois there is a waiting period of 2 years from the time your supervision is completed for many common misdemeanors.
For more information on expunging or sealing your record call Macomb Illinois Attorney Susan L. Stambaugh at (309) 837-1000.
This website is for informational purposes only. Using this site or communicating with Susan L. Stambaugh, Attorney at Law through this site does not form an attorney/client relationship. This site is legal advertising.
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