Can you expunge a misdemeanor in Illinois?

You can expunge a misdemeanor in Illinois if any of the following are true:

  • You were found not guilty
  • The case was dismissed (SOL, Non-Suit, Nolle Prosequi)
  • You received court supervision which was completed successfully, except:
    • Court supervision for DUI is not expungeable
    • Court supervision for reckless driving is only expungeable if you were under 25 years of age at the time of your sentence
  • You received and successfully completed a qualified probation such as 710-1410 Probation, Second Chance Probation or TASC Probation

There are waiting periods to file a misdemeanor expungement depending on the outcome of your case:

If you were found not guilty or you received a dismissal in the form of a nolle prosequi, your petition for expungement can be filed immediately.

If you received a dismissal in the form of an SOL or Non-Suit, it is generally accepted that you must wait 120-160 days after the dismissal to file for expungement.

If you received court supervision for a misdemeanor offense other than domestic battery or criminal sexual abuse, you are eligible for expungement 2 years after the successful completion of your sentence. This includes court supervision for offenses such as assault, battery, theft, retail theft, criminal trespass, criminal damage to property, resisting arrest and possession of drug paraphernalia.

If you received court supervision or qualified probation such as 710-1410 Probation, Second Chance Probation or TASC Probation OR received court supervision for domestic battery or criminal sexual abuse, you are eligible for expungement 5 years after the successful completion of your sentence.

Contact Our Illinois Misdemeanor Expungement Attorneys

If you were convicted of a misdemeanor and did not receive a qualified probation as described above, you may still be eligible for sealing rather than expungement. If you are interested in clearing your criminal record, contact our expungement attorneys today. We have helped hundreds of clients expunge their records throughout the Chicago area. Our knowledgeable lawyers primarily handle expungements in Cook County, DuPage County and Lake County.

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