Category Archives: Expungement
Client receives record expungement after pardon granted
Last week, a client who received executive clemency from Illinois Governor Pat Quinn for a felony conviction received while a young man, had his record expunged. The executive clemency process is long and arduous. I am pleased to have drafted his clemency petition and appeared with him before the Illinois Prisoner Review Board. The Board […]
Veterans may now seek expungement of convictions of some Illinois felonies
Veterans and military personnel who have been convicted of certain Illinois felonies may now have the ability to seek certificates of eligibility of expungement under 730 ILCS 5/3-3-2(a)(11). The statute states in part that: Persons who have been convicted of Class 3 or 4 felonies and thereafter served in the United States Armed Forces or […]
Additional Illinois criminal offenses now eligible for record sealing
Previously, I have posted on issues pertaining to the expungement of criminal records in Illinois. /2/category/expungement/1.html. Short of expunging criminal records, some cases may be eligible for sealing. Sealed records may not be viewed by the public; law enforcement has access to such records, however. Recently, under Public Act 098-0142, the Criminal Identification Act was […]
Illinois’ new non-violent offender expungement law
Recently, Illinois amended its law regarding the expungement of non-violent offenses effective January 1, 2013. A new provision called the Offender Initiative Program 730 ILCS 5/5-6-3.3 would allow persons who had not been previously convicted of or placed on probation or conditional discharge for a felony and who are charged with certain probationable non-violent offenses […]
Dismissed Civil Orders of Protection are Still Not Eligible to be Expunged
This week, I was contacted by a blog reader to confirm that civil orders of protection cannot be expunged. As I have written on other occasions, /2/post/2012/02/legislation-introduced-in-springfield-regarding-expungement-of-emergency-orders-of-protection-which-do-not-become-plenary-orders.html and /2/post/2012/06/update-on-proposed-legislation-to-allow-expungement-of-some-civil-orders-of-protection.html, although legislation had been introduced in Springfield last session, the Illinois General Assembly failed to pass a bill. An emergency civil order of protection which does […]
Update on proposed legislation to allow expungement of some civil orders of protection
Previously, I posted regarding legislation which would have allowed expungement of emergency orders of protection under the Domestic Violence Statute which do not result in plenary orders. /2/post/2012/02/legislation-introduced-in-springfield-regarding-expungement-of-emergency-orders-of-protection-which-do-not-become-plenary-orders.html Currently, even if such cases are dismissed, information regarding the emergency order cannot be expunged. That means that such an order based on a ex parte proceeding […]
Legislation Introduced in Springfield Regarding Expungement of Emergency Orders of Protection Which Do Not Become Plenary Orders
Frequently, persons inquire whether an emergency civil order of protection may be expunged from the records of the Circuit Court. Currently, as such an order is a civil matter, there is no means to expunge such a case that is dismissed. Legislation that was introduced in the state legislature, if passed and signed as law, […]
Pursuing relief from a criminal record
Frequently, I am asked questions regarding the Illinois clemency process, which can be long and arduous. Many times, a petition to expunge or seal may be the appropriate recourse. Expungement or sealing may not be available by law but petitioning for a certificate of good conduct or certificate of relief from disabilities may be appropriate […]