Legalities

Legalities, a weekly column that appears in the Help section of the Southern Illinoisan, is a free service of the Self Help Legal Center. You can visit the Southern Illinoisan website at: http://www.southernillinoisan.com

Q: Three years ago, I was arrested for a crime and later found not guilty. I have heard that you can ask to have this expunged. What does this mean and how do I do this?

A: In Illinois, expungment means that the record of your arrest is removed from the official records of the arresting authority and the Department of State Police and that the records of the Circuit Clerk are sealed. Your name is also removed from the official index required to be kept by the Circuit Clerk under Section 16 of the Clerk of Courts Act. A judge, however, has the power to order that record of your arrest be sealed instead of removed from the records of the Department of State Police. In counties of less than 3 million, you make your request for expungement to the judge who presided over your trial.

Keep in mind, however, that not everyone is eligible to have his/her record expunged.

First, you cannot have been previously convicted of any criminal offense or municipal ordinance violation, and you must have been acquitted or released without being convicted of a municipal ordinance, felony, or misdemeanor for the offense you are trying to expunge.

Second, persons who received supervision for an offense can have their criminal records expunged by the presiding judge in their county but only after two years have passed since the supervision ended. People who received supervision or probation for some offenses can have their criminal records expunged but only after five years have passed since the supervision or probation ended. For a list of what offenses require a two or five year waiting period, check out our packet on expungement on our web site at /selfhelp. Click on the "Court Proceedings" icon.

Finally, persons who received a conviction or supervision for any sexual offense committed against a minor under 18 years old including indecent solicitation of a child or criminal sexual abuse, or any violation of Section 11-501 of the Illinois Vehicle Code (DUI) or a similar local ordinance, cannot have their criminal records expunged by the presiding judge in their county regardless of the time that has passed.

Do you have a legal question? Write us at Self Help Legal Center, SIU School of Law, Mailcode 6804, Carbondale, Illinois or e-mail us at selfhelp@siu.edu. Not all questions will be answered and may be edited for space or content.

Legalities is written by the Self Help Legal Center, a public service of the SIU School of Law. The Self Help Legal Center cannot provide legal representation. It can, however, help you find the answer to your legal problem. This column is for general legal information purposes only and the advice given in this column may not apply to your situation. For specific legal advice about your situation, you should consult an attorney licensed to practice in Illinois. This column is not meant to give legal advice and does not create an attorney-client relationship.