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 such as theft, retail theft, burglary or possession of a controlled substance, the ability to participate in a program which would eventually allow for expungement of the arrest. The program must last for at least 12 months.
The statutory conditions of the program include not violating criminal laws, refraining form possessing a firearm, making full restitution to the victim or property owner, obtaining employment or performing not less than 30 hours of community service and attending educational courses. Other conditions may also be ordered including medical or psychiatric treatment, illicit drug usage, submitting to drug testing and paying fines, fees and costs. Minors may also be subject to additional conditions.
Upon fulfilling the programs’ terms and conditions, the charges will be dismissed and the case will be eligible for expungement.
Lori G. Levin
Attorney at Law
180 N. LaSalle, Suite 3700
Chicago, IL 60601