While Illinois allows individuals to file for expungement on their own, many people quickly realize that the process is more complicated than it seems. A single mistake can delay your case or result in a denial.

The expungement attorneys at The Davis Law Group, P.C. regularly help clients successfully clear their records, and we have seen firsthand why hiring an experienced expungement lawyer can make a significant difference.

What Is Expungement in Illinois

Expungement is the legal process of removing an arrest or criminal offense from your record entirely. Once expunged, the case is essentially erased from public view.

This can help you:

• Pass background checks
• Improve employment opportunities
• Secure housing
• Restore peace of mind

However, not all cases qualify, and determining eligibility is often the first hurdle.

The Biggest Mistake People Make: Assuming They Qualify

One of the most common issues we see is individuals filing for expungement when their case is not eligible.

Illinois law draws important distinctions between expungement, sealing and cases that are not eligible for either.

For example, a sentence of court supervision on one arrest may qualify for expungement and on another arrest may not be eligible for either expungement or sealing. Also, certain offenses have waiting periods that must be calculated precisely or other restrictions. Filing a wrong or untimely petition can waste time, money, and delay your ability to clear your record.

Why Hiring a Lawyer Matters

1. Accurate Eligibility Analysis

An experienced attorney will review your criminal history and determine:

• Which cases qualify for expungement
• Which qualify for sealing
• The proper timing for filing

This ensures you pursue the correct legal remedy the first time.

2. Proper Filing Across Multiple Agencies

Expungement and sealing both require completion of several court forms. Your petition must be properly filed and served. Each county has specific requirements. Missing a step can result in delays or rejection.

3. Avoiding Costly Delays and Denials

Even small errors can cause problems, such as:

• Incorrect case numbers
• Filing in the wrong courthouse

These mistakes can lead to:

• Months of delay
• Additional filing fees
• Court hearings that could have been avoided

4. Representation If There Is an Objection

In some cases, the State’s Attorney or another agency may object to your petition. If that happens, your case may require a hearing before a judge.

Having an expungement lawyer means:

• You have someone advocating on your behalf
• Your case is properly presented
• You are not navigating the process alone

5. Saving Time and Reducing Stress

Most of our clients hire us for one simple reason: They want it done right without having to deal with the process themselves.

We handle:

• Reviewing your record
• Preparing and filing all required paperwork
• Tracking deadlines
• Appearing in court when necessary

This allows you to focus on your work and family while we handle the legal process for you.

DIY Expungement vs Hiring a Lawyer

While it is possible to file on your own, here is the reality:

DIY may work if:
• You have a single, simple case
• The case was dismissed or resulted in no conviction
• You are comfortable navigating court procedures

Hiring a lawyer is strongly recommended if:
• You have multiple cases
• Your cases span multiple courthouses or counties
• You are unsure about eligibility
• You want to avoid mistakes and delays

The Long-Term Value of Doing It Right

Expungement is not just paperwork. It is an investment in your future. A properly handled expungement can:

• Open doors to better employment
• Improve housing opportunities
• Eliminate barriers in professional licensing
• Give you a true fresh start

When viewed this way, hiring a lawyer is often a small cost compared to the long-term benefits.

Why Clients Choose The Davis Law Group, P.C.

At The Davis Law Group, P.C., we take a detailed and strategic approach to every expungement case.

We:

• Carefully review your record
• Identify the best legal strategy
• Handle the entire process from start to finish
• Keep you informed every step of the way

Our goal is simple: to help you move forward with a clean slate as efficiently as possible.

Ready to Clear Your Record

If you are considering expungement in Illinois, we are here to help. We regularly handle expungement and sealing throughout Cook County, Lake County and DuPage County. Contact The Davis Law Group, P.C. today for a consultation and let us guide you through the process with confidence.

Many drivers are caught off guard because they did not realize their speed crossed into criminal territory. Others assume they can simply pay the ticket and move on. That is not an option with aggravated speeding charges, which includes all speeding offenses 26 or more over the posted speed limit.

At The Davis Law Group, P.C., we regularly defend aggravated speeding cases at the Wheaton Courthouse in DuPage County. Our focus is simple: protect your driving record, avoid a criminal conviction whenever possible, and guide you through the process with a clear strategy from day one.

What is Aggravated Speeding in Illinois?

Illinois law elevates certain speeding offenses from petty traffic violations to criminal charges based on the alleged speed:

• 26 to 34 mph over the speed limit is charged as a Class B misdemeanor
• 35 mph or more over the speed limit is charged as a Class A misdemeanor

Unlike petty speeding offenses, aggravated speeding requires a mandatory court appearance.

Why Aggravated Speeding Is Treated More Seriously Than a Regular Ticket

Aggravated speeding is prosecuted as a criminal offense because of the perceived risk to public safety. Even first time offenders with clean records may face serious consequences if the case is not handled strategically.

Potential impacts include:

• Criminal conviction
• Increased insurance premiums
• Professional or employment consequences
• License implications depending on driving history

Because of these risks, early legal representation often plays a critical role in shaping the outcome.

How Aggravated Speeding Cases Are Handled at the Wheaton Courthouse

The Wheaton Courthouse is the primary location for DuPage County aggravated speeding cases. These cases often originate from Illinois State Police stops on major highways as well as local law enforcement agencies throughout DuPage County such as: Naperville, Downers Grove, Elmhurst, Lombard, Wheaton, Glen Ellyn, Addison, Carol Stream, Villa Park, Lisle, Woodridge, Westmont, Darien, Hinsdale, Oak Brook, Bloomingdale, Glendale Heights, Roselle, Bartlett, Hanover Park, Itasca, Bensenville, Wood Dale, Warrenville, West Chicago, Winfield, Clarendon Hills, Wayne, and Oakbrook Terrace.

Local courtroom experience matters. Understanding how DuPage County prosecutors evaluate mitigation and how judges approach aggravated speeding cases can significantly affect the available options.

Common Defense Strategies for Aggravated Speeding Charges

No two cases are identical, and defense strategy depends heavily on the facts. Possible approaches may include:

• Challenging radar or lidar calibration and accuracy
• Evaluating whether the traffic stop was legally justified
• Identifying inconsistencies in officer observations
• Presenting mitigation such as clean driving history, employment responsibilities, or proactive corrective steps

In many situations, the primary objective is to pursue a reduction from a criminal aggravated speeding charge to a non-criminal offense (such as a petty offense) with court supervision where appropriate.

Why Hiring a DuPage County Aggravated Speeding Lawyer Can Make a Difference

Drivers appearing at the Wheaton Courthouse often feel uncertain about what to expect. Working with an attorney familiar with DuPage County procedures provides clarity and strategic direction.

An experienced aggravated speeding lawyer can identify weaknesses in the evidence, present mitigation effectively to prosecutors, navigate local courtroom procedures efficiently and advocate for outcomes designed to protect your record.

Early involvement frequently creates more opportunities for favorable negotiations.

Why Clients Choose The Davis Law Group, P.C.

The Davis Law Group, P.C. focuses heavily on Illinois traffic and criminal driving offenses, including:

• Aggravated Speeding defense
• DUI defense
• Driving while license suspended or revoked
• Secretary of State license reinstatement hearings
• Serious traffic violations throughout DuPage County and surrounding courts

We understand that most aggravated speeding clients are professionals, students, and everyday drivers who simply want to resolve the situation responsibly and avoid long term damage to their record.

Our firm emphasizes:

• Strategic, courthouse specific defense planning
• Clear communication about realistic outcomes
• Practical solutions focused on protecting your future

What To Do If You Are Charged with Aggravated Speeding in DuPage County

If you received an aggravated speeding ticket:

• Do not ignore your court date
• Avoid making statements about the case without legal guidance
• Preserve any documentation related to the incident
• Speak with an experienced aggravated speeding attorney as soon as possible

Frequently Asked Questions About Aggravated Speeding Charges in DuPage County

Is aggravated speeding a criminal offense in Illinois?

Yes. Aggravated speeding is charged as a misdemeanor criminal offense rather than a simple traffic ticket. It is either charged as a Class A misdemeanor or Class B misdemeanor depending on the alleged speed. A conviction may result in a permanent criminal record.

Do I have to appear in court at the Wheaton Courthouse?

Yes. Court appearance is mandatory. You cannot resolve aggravated speeding by simply paying a fine. However, an attorney may be able to appear in court without you depending on the circumstances.

Can aggravated speeding be reduced?

Depending on the facts, driving history, and mitigation presented, reductions to non-criminal offenses such as petty offenses may be possible in certain cases.

Will aggravated speeding affect my criminal record?

Yes. A conviction may appear on background checks and impact employment or professional opportunities, which is why strategic defense is important.

Should I hire a lawyer for aggravated speeding in DuPage County?

Because aggravated speeding is a criminal charge with long term consequences, many drivers choose to work with an attorney experienced in DuPage County courts and procedures. Having legal representation is highly recommended.

Contact The Davis Law Group, P.C.

If your aggravated speeding case is scheduled at the Wheaton Courthouse, contact the defense attorneys at The Davis Law Group, P.C. to discuss your options and build a strong defense strategy. Early action can make a meaningful difference in the outcome of your case.

In Illinois, a speeding offense becomes ‘aggravated’ when the driver is accused of exceeding the posted speed limit as follows:
• 26 to 34 mph over the limit results in a Class B misdemeanor which carries a maximum penalty of 6 months in jail and a $1,500.00 fine
• 35 mph or more over the limit results in a Class A misdemeanor which carries a maximum penalty of 12 months in jail and a $2,500.00 fine

These tickets cannot be paid online and require a court appearance before one of the Judges assigned to the Rolling Meadows courthouse located at 2121 Euclid Avenue. A conviction can end up on your criminal record unless the charge is successfully reduced or mitigated.

Communities Served by the Rolling Meadows Courthouse

The Rolling Meadows courthouse handles traffic offenses, including aggravated speeding, for drivers stopped in one of many northwest Cook County communities, including but not limited to:
• Arlington Heights
• Barrington
• Barrington Hills
• Bartlett
• Bensenville
• Buffalo Grove
• East Dundee
• Elgin
• Elk Grove Village
• Hanover Park
• Harwood Heights
• Hoffman Estates
• Inverness
• Kildeer
• Mount Prospect
• Norridge
• Palatine
• Prospect Heights
• Rolling Meadows
• Roselle
• Rosemont
• Schaumburg
• Schiller Park
• South Barrington
• Streamwood
• Wheeling

This means if you received a ticket in any of these cities, towns or villages, your traffic matter will likely be scheduled and heard at the Rolling Meadows Courthouse.

What is at Stake for Drivers

An aggravated speeding charge has the potential of impacting your life in multiple ways:
• Criminal record
• Higher insurance premiums
• Possible license consequences depending on your driving history
• Potential jail time, community service and/or traffic safety school
• Employment risks especially for professional drivers
• Immigration concerns for non citizens

Because this is a criminal misdemeanor, simply paying the ticket is not an option and the charge may have long term consequences if not addressed properly.

Defense Strategies at Rolling Meadows

Legal defenses and mitigation strategies can improve your chances of a favorable outcome. An experienced traffic defense attorney can challenge the case at trial when appropriate or often pursue:
• Reductions to a non criminal offense like a petty speeding ticket
• Court supervision to avoid a conviction on your record
• Presentation of mitigation factors such as clean driving history, employment impact, and personal circumstances

A defense attorney familiar with the Rolling Meadows judges and prosecutors can tailor a strategy to your specific circumstances.

How The Davis Law Group, P.C. Can Help

The attorneys at The Davis Law Group, P.C. represent drivers charged with aggravated speeding and other traffic matters at Rolling Meadows and throughout Cook County. We focus on outcomes that protect your record, your insurance, your employment, and your future. Our attorneys understand the local courthouse procedures and the proper defense strategies available to ensure the best possible outcomes for our clients.

If you were cited for aggravated speeding with a court date at the Rolling Meadows courthouse, contact The Davis Law Group, P.C. for a free consultation.

While the policy goals are significant, the timeline for implementation is very long and the automatic process leaves gaps. Individuals who want relief today, or who may not qualify for automatic sealing, can still petition under Illinois’s existing expungement and sealing laws.

Clean Slate Timeline

The Clean Slate Act is not live yet. It requires multiple agencies to build and test automated systems before records begin sealing on their own. Key dates:

• July 1, 2026: The Illinois State Police begins upgrading databases and infrastructure to identify eligible records
• 2026 to 2028: Data-matching, rule-making, task-force oversight, and agency coordination
• January 1, 2029: Automatic sealing officially begins
• 2029 -2034: Eligible records sealed in waves based on type and waiting period

Advocacy groups and State officials acknowledge that processing may continue for several years after 2029 due to the expected volume of cases. Some estimates suggest that the State could take up to five years just to work through the initial backlog of eligible cases, especially in Cook County.

For many people, that means real relief may not arrive until sometime in the mid-2030s at the earliest.

Who Qualifies for Automatic Sealing

Under Clean Slate, the State will automatically seal:

• Most misdemeanor convictions
• Most nonviolent felony convictions – Classes 1 through 4
• Dismissed cases, acquittals, and arrests without conviction
• Cases that resulting in supervision and probation after completion

Certain categories remain excluded, including violent crimes, sex offenses requiring registration (with limited exceptions), Class X felonies, domestic battery, stalking, animal cruelty, DUI, and reckless driving. Those records will not be automatically sealed.

The Practical Problem: Waiting Years Versus Getting Relief Now

Clean Slate does not replace Illinois’ existing expungement and sealing procedures. It simply creates a future automatic mechanism.

Individuals currently have two options:

1. Wait several years for the State to automate sealing (likely 2030-2034)
2. Petition now through the courts to expunge or seal (if eligible)

For working adults, students, parents, job-seekers, and professional license applicants, waiting five to ten years can be costly. Criminal records affect employment opportunities, rental housing approvals, background checks, professional licensing, and school applications.

Many of our clients come to us because:

• They don’t want to lose income or job promotions while waiting
• They are applying to graduate school or professional programs
• They must pass private-sector background checks
• They are pursuing professional licensing
• Their current employer is restructuring or performing new background checks
• They want peace of mind before major life changes such as relocating or buying a home

Automatic relief may eventually seal a record, but it does not compensate for years of lost opportunity.

Verifying Eligibility and Avoiding Errors

Another key point is that automated systems may not perfectly capture:

• Dispositions spread across different counties
• Name changes and aliases
• Merged or incomplete data in ISP or county systems
• Complex histories involving supervision, probation or multiple case numbers
• Cases that qualify for expungement rather than sealing

Petitioning now allows a lawyer to clean up inconsistencies and ensure maximum relief.

Why Contact An Expungement/Sealing Attorney Now

Our expungement and sealing attorneys have helped hundreds of clients expunge and/or seal their records across Illinois including Cook County, Lake County and DuPage County. We will help:

• Evaluate full eligibility under current law (not just Clean Slate)
• Advise on whether to wait for automatic sealing or move forward today
• Prepare all required filings and represent you at all necessary court hearings
• Work across county and agency systems to avoid errors or delays
• Provide guidance for students and job-seekers

If you wait for Clean Slate, the earliest possible benefit begins in 2029 and may not reach your record until years later. For many people, that is simply too long. If you have a criminal record in Illinois, contact our office for a consultation. The lawyers at The Davis Law Group, P.C. can review your record, explain your options, and help you take control of your future. Contact us today for a free consultation.

The General Timeline for Expungement

While each case is unique, here’s a general timeline of what you can expect in Chicago:

1. Preparing and Filing the Petition (approximately 2-3 business days)

First, your expungement attorney will gather and review the necessary court documents and complete the appropriate petition, request and orders for expungement. Once the necessary paperwork is filed with the Clerk of the Circuit Court of Cook County, the process officially begins.

2. Notice and Review by Agencies (60 days from filing)

Once filed, your petition is sent to several parties for review, including the:

• State’s Attorney’s Office
• Illinois State Police
• Arresting police department

These agencies have an opportunity to object to your expungement request if they believe there’s a legal reason to do so.

3. Court Hearing Date (3 months from filing)

A hearing is scheduled for a date approximately three months after filing. A hearing date is always set in Chicago regardless of whether an objection is filed. Of course, if objections are raised, your attorney will represent you at a court hearing to advocate for you.

4. Judge’s Decision and Final Processing (2 months after hearing)

If the judge grants your expungement, the order is sent to all relevant agencies. Each agency must then remove your records from public view—a process that takes 60 days.

Total Time: Approximately 5 to 6 Months

In general, it takes about five to six months from the date of filing to complete the expungement process in Chicago. However, delays can occur if:

• Your hearing is continued based on an objection
• The court schedule is backed up

Why Work with an Experienced Expungement Attorney?

Navigating the expungement process on your own can be complex and time-consuming. At The Davis Law Group, P.C., we help you:

• Determine your eligibility
• Gather and file all necessary documents
• Handle objections and court hearings

We believe everyone deserves a second chance—and we’re here to help you reclaim your future.

Ready to Clear Your Record?

If you’re considering expungement, don’t wait. The sooner you begin, the sooner you can put your past behind you. Contact The Davis Law Group, P.C. today for a free consultation, and let us guide you every step of the way.

Can You Be Arrested for Speeding in Illinois?

Yes. In Illinois, speeding 26 mph or more over the posted speed limit is classified as a misdemeanor, a criminal offense that can result in arrest. Depending on the law enforcement agency and the specific officer’s discretion, you may either receive a ticket with a required court appearance or be arrested on the spot. The officer may take you to the police station for processing before release.

Can You Go to Jail for Aggravated Speeding?

Yes, technically, aggravated speeding carries the risk of jail time. Speeds of 26-34 mph over the limit are classified as a Class B misdemeanor, punishable by up to six months in jail. Driving 35 mph or more over the speed limit is a Class A misdemeanor, which can lead to up to 12 months in jail. While most aggravated speeding cases do not result in jail, the possibility cannot be overlooked.

Is Aggravated Speeding the Same as Reckless Driving?

Aggravated speeding and reckless driving are distinct offenses. While reckless driving may involve excessive speed, they are classified differently. Both are charged as Class A misdemeanors with similar potential penalties, but reckless driving often implies a greater degree of endangerment. Aggravated speeding falls under Illinois Vehicle Code 625 ILCS 5/11-601.5, while reckless driving is covered by 625 ILCS 5/11-503.

Will My License Be Suspended for Aggravated Speeding?

Convictions for aggravated speeding are considered moving violations, which means they count toward the potential suspension of your driver’s license. A single conviction, however, does not automatically trigger a suspension unless there have been multiple moving violations in the past 12 months (or 24 months if you’re under 21).

Should I Hire an Attorney for Aggravated Speeding?

Given the serious nature of aggravated speeding, hiring an experienced traffic ticket attorney is highly recommended. A conviction could result in jail time, fines, license suspension, and a permanent mark on your criminal record. An attorney experienced in aggravated speeding cases can help navigate the legal process, potentially reducing or even eliminating penalties.

Can I Receive Court Supervision?

A sentence of court supervision may be imposed for aggravated speeding in most scenarios. Aggravated speeding cases that occur in a construction zone or school zone are not eligible for court supervision.

Court supervision prevents a conviction on your public driving record (so long as you do not possess a CDL) and may require completion of certain conditions such as traffic safety school, community service and payment of fines and court assessments. Of course, your sentence is ultimately at the discretion of the judge. Your attorney will typically attempt to negotiate an agreement with the prosecutor in advance of sentencing.

Get Experienced Representation

At The Davis Law Group, P.C., our traffic attorneys have extensive experience defending clients in aggravated speeding cases across the Chicago area, including Cook County, Lake County, and DuPage County. Contact us today at (847) 390-8500 for a free consultation and learn how we can help protect your rights and your record.

Can you be arrested for speeding in Illinois?

Speeding 26 miles per hour or more above the posted speed limit is a misdemeanor in Illinois. A misdemeanor is a criminal offense and, therefore, you can be placed under arrest. While some police officers will simply issue an aggravated speeding ticket with a required court appearance and release you on the spot, that is not always the case. Depending on the officer and the law enforcement agency’s policy, you may be arrested, transported back to the police station and processed before being released.

Can you go jail for speeding in Illinois?

Yes. Speeding 26 to 34 mph over the speed limit is a Class B misdemeanor, which is punishable by up to 6 months in jail. Speeding 35 mph or more over the speed limit is a Class A misdemeanor, which is punishable by up to 12 months in jail. However, jail time can be avoided in the majority of aggravated speeding cases.

Is aggravated speeding a felony?

There is often confusion regarding this question. Regardless of the speed, the maximum charge for speeding in Illinois is a Class A misdemeanor, which applies to speeds 35 mph or more above the limit. Therefore, the maximum penalty is 12 months in jail. Felony offenses carry a minimum sentence of one-year in prison. While aggravated speeding is a criminal offense, it is not a felony.

Is aggravated speeding the same thing as reckless driving?

Aggravated speeding and reckless driving are two different, distinct offenses. Reckless driving may include an allegation of speeding, but they are not one and the same. Speeding 35+ mph over the posted speed limit and reckless driving are both Class A misdemeanors and, therefore, carry the same potential penalties. The law for aggravated speeding can be found under Illinois Vehicle Code 625 ILCS 5/11-601.5. The law for reckless driving can be found under 625 ILCS 5/11-503.

Will my license be suspended for aggravated speeding?

A conviction for aggravated speeding will count toward the suspension of your driver’s license because it is a moving violation. A single conviction for aggravated speeding, on its own, does not trigger an automatic license suspension by the Illinois Secretary of State, unless you have had other moving violation convictions within the last 12 months (or within the last 24 months if you are under the age of 21).

Should I hire a lawyer for aggravated speeding?

Because aggravated speeding is a criminal offense with wide-ranging potential penalties as well as the potential for creating a criminal record, having a speeding ticket attorney is highly recommended. An experienced aggravated speeding ticket lawyer can ensure your case is handled properly and achieve the best possible outcome. The traffic ticket attorneys at The Davis Law Group, P.C. have extensive experience with speeding violations throughout the Chicago area including Cook County, Lake County and DuPage County. Contact our speeding ticket attorneys today at (847) 390-8500 for a free initial consultation.

• There was a finding of no probable cause prior to trial.
• You were found not guilty after trial.
• The case was dismissed (SOL, Non-Suit, Nolle Prosequi).
• You were sentenced to a qualified felony probation such as 710-1410 Probation, Second Chance Probation or TASC Probation and it was terminated satisfactorily by the Judge.

What is the waiting period to file a felony expungement? The waiting period to file a felony expungement depends on the outcome of your case or cases. Your petition for expungement can be filed immediately if there was a finding of no probable cause, you were found not guilty after trial or if a dismissal was entered in the form of a nolle prosequi. If your felony charge was dismissed 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 a petition for expungement. If you were sentenced to a qualified special probation such as 710-1410 Probation, Second Chance Probation or TASC Probation, you are eligible to file a petition for expungement 5 years after the satisfactory completion of your sentence. The waiting period begins the date that your sentence ended, not the date that you were sentenced by the Judge. If you were convicted of a felony and did not receive a qualified probation as described above, you may still be eligible to seal your felony record. Sealing your record will keep the information from appearing on your public record and prevent most private employers from obtaining that information. Employers that require fingerprints may still access sealed felony conviction records. The only alternative is to seek a pardon from the Governor, also known as executive clemency, which, if granted, would allow you to seek an expungement. Contact Our Illinois Felony Expungement Attorneys Our attorneys have successfully cleared records throughout the Chicago area. Our expungement and sealing lawyers primarily represent clients in Cook County, Lake County and DuPage County. Contact our expungement attorneys today to discuss your case. Other common expungement and sealing questions can be found here. We look forward to hearing from you.

• 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 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.

Penalties of a First DUI

A first offender who is found guilty after trial or pleads guilty to a DUI may be sentenced to court supervision. Court supervision is not a conviction under Illinois law, meaning that a jail sentence is not permitted. In addition, if you comply with all of the conditions of court supervision, the DUI will not go on your public record. However, court supervision for a DUI is only possible once in your lifetime. The prosecutor may decide to seek jail in cases involving aggravating circumstances such as where an accident has occurred, a child was in the car, a weapon or illegal drugs were present in the car or the offender was charged with resisting arrest or battery or assault on the officer. Of course, there are also cases where a first offender may be charged with a felony DUI known as Aggravated DUI. These are often cases where a death or serious personal injury has occurred as a result of the DUI. In some cases, an Aggravated DUI may also be charged where the person is caught driving without a valid license or insurance. While the possibility of jail is higher in such cases, the judge may also impose a sentence of probation. Contact our DUI Defense Attorneys The DUI defense attorneys at The Davis Law Group, P.C. have successfully defended hundreds of DUI charges throughout the Chicago area including Cook, Lake and DuPage Counties. If you are charged with DUI, your first call should be to a knowledgeable and experienced attorney. Let us provide you with the legal representation you deserve. Contact us today for a free consultation.

• Conviction – 12-month driver’s license suspension

Zero Tolerance while Driving

• 1st Offense – BAC above a .00 – 3-month driver’s license suspension
• 1st Offense – Test Refusal – 6-month driver’s license suspension
• 2nd Offense – BAC above a .00 – 12-month driver’s license suspension
• 2nd Offense – Test Refusal – 2-year driver’s license suspension

DUI

• 1st Conviction – Minimum 2-year driver’s license revocation

Although the above offenses are directly related to driving, you can still have your license suspended or revoked for possessing or consuming alcohol as described below, even if the offense is completing unrelated to driving or being in a motor vehicle. Possession of Alcohol by a Minor

• Court supervision – 3 month driver’s license suspension
• 1st conviction – 6-month driver’s license suspension
• 2nd conviction – 12-month driver’s license suspension
• Conviction with an existing or pending revocation – Driver’s license revocation

Consumption of Alcohol by a Minor (Underage Drinking)

• Court supervision – 3 month driver’s license suspension
• 1st conviction – 6-month driver’s license suspension
• 2nd conviction – 12-month driver’s license suspension
• Conviction with an existing open or pending revocation – Driver’s license revocation

Possession of a Fraudulent ID or Fraudulent Driver’s License

• 1st offense (court supervision or conviction) – 12-month driver’s license suspension
• 2nd offense – Minimum 12-month driver’s license revocation

The loss of your driving privileges can have far reaching consequences on your life. We understand that your inability to get to school or work can be a severe hardship. If you are charged with an alcohol-related offense in Illinois, contact the defense attorneys at The Davis Law Group, P.C. Our attorneys have an in-depth knowledge of Illinois criminal law, traffic law and driver’s license law. Ensuring that your case is handled properly from the start can make a significant difference in the final outcome. Our legal practice extends throughout Cook County, Lake County and DuPage County. Contact us today at (847) 390-8500 to discuss your case.

• Offenses that include an intent to steal or defraud such as theft or forgery
• Most sex offenses
• Offenses in which bodily harm is caused or threatened by a intentional act
• Offenses in which serious bodily harm is caused or threatened by a reckless act

Court Supervision Although a sentence of court supervision is not a conviction under Illinois law, it will still count as a conviction for purposes of a presumption against good moral character for immigration purposes. Under federal law, a conviction is defined and includes not only actual convictions but also sentences of court supervision. While judges in Illinois will usually warn criminal defendants of the potential immigration consequences in the event they choose to plead guilty, the failure to do so may not necessarily be the basis to seek to vacate or undo the plea. DACA Applicants & DUI Certain convictions will generally prevent non-citizens from obtaining DACA status. A single felony conviction or one ‘significant misdemeanor’ conviction (punishable by more than 5 days in prison but less than 1 year) will cause a disqualification from obtaining DACA status. As Illinois classifies a first DUI offense as a Class A misdemeanor, punishable by up to 1 year in jail, a conviction will prevent the applicant from obtaining DACA status. DUI Defense Attorneys The Illinois DUI attorneys at The Davis Law Group, P.C., represent clients charged with DUI and, as a result, often have immigration concerns. Our lawyers pay special attention to the immigration status of our clients in order to make certain that, to the best of our ability, they are protected from the negative immigration consequences of their criminal case. Immigration status can be a significant factor in determining the proper strategy and approach to a criminal case, such as DUI. If you are arrested for DUI, regardless of your immigration status, your first call should be to an experienced and knowledgeable attorney. Our DUI defense attorneys have decades of experience defending clients throughout the Chicago area including Cook County, Lake County and DuPage County. Our team includes legal assistants that are fluent in Spanish for your convenience. Contact us today to discuss your case.

DUI on National Park Service land

If the DUI occurred on land controlled by the National Park Service, the DUI may be prosecuted as a Class B misdemeanor punishable by up to 6 months of incarceration, a $5,000.00 fine and 5-years of probation. Additionally, a refusal of testing is considered a criminal offense with the punishment of up to one-year incarceration, a fine, and the suspension of driving privileges on federal land or property for a period of up to one-year. More severe penalties exist if a minor is present in the vehicle or if a minor is injured as a result of a DUI involving an accident occurring on lands controlled by the National Park Service. Under these circumstances, you may be charged with a felony with increased periods of incarceration, fines and further loss of driving privileges.

DUI on a military base

Members of the military arrested for DUI on a military base are subject to court-martial pursuant to the Uniform Code of Military Justice. Potential punishments include, but are not limited to, loss of rank or reduction in grade, dishonorable discharge, an order to complete an alcohol or drug abuse program, and the loss of pay or security clearance.

DUI on other federal lands

Because there is no separate federal law for DUIs that occur on federal properties not administered by the National Park Service, or DUIs committed by civilians on federal military installations, a federal law known as the Assimilative Crimes Act requires that such DUIs are heard in federal court pursuant to the DUI laws of the state where the offense occurred. Although the matter is heard in federal court, the state’s laws govern the DUI law to be followed, including the penalties to be imposed upon a finding of guilty. Even though state law is followed, the federal court rules and procedures, as well as the types of dispositions that the federal court can impose, vary greatly from those in state courts.

Federal DUI charges in Illinois

In Illinois, federal DUI charges may be heard in one of the three federal districts: Northern District, Central District and Southern District. The case is assigned to the district within which the offense occurred. If you are convicted of DUI in federal court in Illinois, it is important to remember that a DUI conviction may be reported to the Illinois Secretary of State resulting in a revocation of your Illinois driver’s license and privileges. A driver’s license revocation would require an administrative hearing before the Secretary of State to reinstate your driving privileges once your are eligible.

Contact our federal DUI defense attorneys

The DUI defense attorneys at The Davis Law Group, P.C. represent clients facing federal DUI charges in Illinois. If you or a loved one have been charged with DUI on federal property, contact us today to arrange an initial consultation. Our DUI attorneys currently accept DUI cases assigned to the Northern District, which are heard at the Dirksen Federal Building located at 219 S. Dearborn Street in downtown Chicago. Contact us today at (847) 390-8500 or by submitting your information via our contact form.

• Felony DUI
• Aggravated Fleeing and Eluding
• Driving While Revoked (when the revocation is based on a previous conviction for DUI)
• Leaving the Scene of an Accident Involving Personal Injury or Death
• Reckless Homicide
• Driving While Suspended (when the suspension is based on a DUI Statutory Summary Suspension)

Please note that there are also other criminal (non-traffic) violations that may be the basis for a seizure and forfeiture. What is the procedure that must be followed? Generally, a short time after the police have seized the vehicle – within a week or so – it will be transferred to the custody of the Illinois State Police. Additionally, the state’s attorney of the county where the offense occurred and the property was seized, as well as the Secretary of State’s office must be notified of the seizure by the law enforcement agency within 28 days. Upon receiving notice, the state’s attorney then has 14 days to seek a preliminary determination from the circuit court that there is probable cause to believe that the vehicle is subject to seizure. All known ‘interest holders’ (owners, lienholders, etc.) must be given notice of the forfeiture proceedings. If the state’s attorney determines that probable cause does not exist, it must return the vehicle within 7 days. Within 28 days of the probable cause finding, an owner may seek temporary release of the vehicle while the forfeiture proceedings are pending based upon hardship caused by loss of the vehicle in a hearing before the circuit court. However, if the court releases the vehicle and then later orders forfeiture of the vehicle, the vehicle must be returned to the law enforcement agency within 7 days. The court may require that the owner post a cash security to guarantee the return of the vehicle if it is ordered to be forfeited. The state’s attorney must file a Complaint for Forfeiture of the vehicle in the circuit court within 28 days of receiving notice of the seizure and serve the Complaint on all of the parties listed on the title (including any lienholders). These parties then have 45 days to file an Answer to the Complaint and a trial must be held within 60 days of the filing of the Answer. The matter is then set for a hearing by the court. During the court proceeding, the state must establish that the vehicle was used in the commission of a crime by the owner of the vehicle. What are possible defenses to a complaint for seizure and forfeiture? Although these hearings can be very difficult under most circumstances, there are several possible defenses to a complaint for seizure and forfeiture:

• The spouse of the owner may demonstrate that the vehicle is the only source of transportation for the family and that its loss would create a hardship that ‘outweighs’ any benefit to the state;
• That a co-owner of the vehicle is an innocent owner in that they had no knowledge of the culpable owner’s actions;
• That the vehicle was not in fact used in the commission of the offense. For example, in the case of a felony DUI, that the owner did not commit the offense.
• That the value of the vehicle to be forfeited is disproportionate to the nature of the offense that was committed and, therefore, violates the prohibition against excessive fines contained in the U.S. Constitution.

Before the state can obtain forfeiture of the vehicle, they must payoff any lienholders (lenders). If the value of the vehicle is so low after considering the outstanding loan on the vehicle, the state may elect to forgo a forfeiture and return the vehicle to the owner (or in some cases to the lender who may then return the vehicle to the owner). The DUI defense and criminal defense attorneys at The Davis Law Group, P.C. represent clients primarily in Cook County, Lake County and DuPage County. If you have been arrested and charged with a criminal offense in the Chicago Area, contact our team today by calling (847) 390-8500 or using our contact form.

Automatic Expungement Automatic expungement will be available only in cases involving the possession, manufacturer and/or distribution of 30 grams or less of cannabis. Additionally, to be eligible for automatic expungement, the offense must not have included a penalty enhancement due to delivery to a minor (less than age 18) who was at least 3 years younger than the offender. Furthermore, if the offense involved an arrest, conviction or other disposition for certain violent crimes, the offender will not be eligible for automatic expungement. These offenses include violent sexual offenses, sexual offenses involving a minor, stalking, animal abuse, and any offense which requires the person to register as a sex offender. How Does Automatic Expungement Work? (1) If more than 1 year has passed since the incident and the person was not charged (but a record was created due to police contact) or the charge was dismissed or an acquittal was entered, then the law enforcement agency is required to expunge the record; or (2) If a conviction was entered, the Illinois State Police is required to identify all qualifying records and notify the Illinois Prisoner Review Board (“Board”). If the offense is a Class 4 felony, the Board will also notify the State’s Attorney in the county where the offense occurred, who may then file an objection to the expungement with the Board stating that the offense does not qualify for expungement. If an objection is filed, the Board will set a non-public hearing to determine whether the offense still qualifies for expungement. Following receipt of all qualifying records from the Illinois State Police, together with the results of any hearings held on Class 4 offenses, which the State’s Attorney has filed objections to, the Board will file recommendations to the Governor as to whether an expungement should be granted. If granted by the Governor, the Attorney General’s office will file a petition for expungement with the court where the offense was originally heard. The court will then enter the order granting the expungement. Petition for Expungement The fact that a person does not qualify for automatic expungement (due to the fact that the offense involves the possession, manufacture and/or distribution of more than 30 grams of cannabis) does not mean that the person cannot obtain an expungement. However, in order to obtain expungement in such cases, the offender will have to file a petition with the court. In order to be eligible to file a non-automatic petition for expungement, the offense the person was convicted of must either be a misdemeanor or Class 4 felony. This means that a person convicted of a Class A misdemeanor possession of cannabis (31-100 grams) offense or Class 4 felony possession of cannabis (101-500 grams) offense may file a petition to expunge with the court. Note that since any offense involving the manufacturer/delivery of cannabis of more than 30 grams would be greater than a Class 4 felony, and therefore, is not eligible for automatic expungement or a petition for expungement. However, the offense may still be sealed if other eligibility requirements are met. Contact Our Cannabis Expungement Attorneys Today The expungement attorneys at The Davis Law Group, P.C. have been helping our clients clean up their criminal records for decades. We have a thorough understanding of Illinois cannabis law and expungement rules and procedures. We help clients clear records throughout Cook County, Lake County and DuPage County. More information on expungement and sealing can be found on our Expungement and Sealing FAQ Page. Contact us today by filling out the form on our website or by calling (847) 390-8500.

How do I find criminal case or traffic ticket information in Illinois?

The individual Circuit Court clerks maintain the court records for each county throughout Illinois. Illinois does not currently have a comprehensive online system that allows you to search case information throughout the state. Each clerk’s office provides a different method for looking up case information online. While some counties have full access through their website, other counties require you to visit in-person or call the specific courthouse where your case took place in order to obtain case information. Many counties, including Cook County, are currently taking steps to expand their online access. Information related Cook County, Lake County, DuPage County and Will County is provided below.

If you would like to obtain your Illinois driving record, more information can be found here.

How do I find court case information in Cook County, Illinois?

As of the date of this post, the Clerk of the Circuit Court of Cook County does not provide online access for criminal cases. Cook County does provide an online system to lookup traffic case information by ticket number or driver’s license number. However, this system contains information only for tickets issued on or after 6/14/2018 that meet at least one of the following criteria:

• There is a balance due on the ticket or the case.
• There has been some “activity” on the ticket within three (3) months prior to the current date. “Activity” includes, but is not limited to the following: court date or court appearance; entry of a court order; payment (full or partial); and/or filing a motion.
• The ticket is scheduled for a court date in the future.

Many traffic tickets do not appear in this online traffic ticket system. If your ticket does not appear, it may also be because it was never loaded into the system or was not yet submitted by the police department that issued the ticket. It may be necessary to call the clerk’s office or visit the clerk’s office in-person to obtain information.

If your ticket does not have a court date, the Clerk of the Circuit Court of Cook County provides a different online system where a court date may be set or the ticket can be paid. You will need to enter either your ticket number, full name and date or birth OR your driver’s license number and ticket number. Again, if it does not appear, you may need to visit the Clerk’s Office in person or mail the ticket into the Clerk’s Office by following the instructions listing on the ticket.

The Clerk of the Circuit Court of Cook County provides case information on a variety of other case types such as Civil, Law, Chancery, Domestic Relations/Child Support, and Probate via this webpage.

How do I find court case information in Lake County, Illinois?

The Clerk of the Circuit Court of Lake County provides an online system that provides comprehensive case information for traffic, criminal and civil cases. You may search by case number or name and date of birth, as well as case type. The system provides a significant amount of information including the names of all parties involved, offenses, court date information, court events and financial information (i.e. fines assessed).

If the Lake County online system does not provide the information you need, you can contact the clerk’s office using this directory or by calling (847) 377-3380.

How do I find court case information in DuPage County, Illinois?

The Clerk of the Circuit Court of DuPage County provides an online system that provides comprehensive case information for traffic, criminal and civil cases. You may search by ticket number and arresting agency, case number or full name and date of birth. The system provides a significant amount of information including the names of all parties involved, offenses, court date information, case history and financial information (i.e. fines assessed). The system also allows for online payment of fines and court costs.

If the DuPage online system does not provide the information you need, you can contact the clerk’s office using this directory or by calling (630) 407-8700.

How do I find court case information in Will County, Illinois?

The Clerk of the Circuit Court of Will County provides an online system that provides comprehensive case information for traffic tickets, criminal and civil cases. You may search by party name, case number or ticket number. The system provides information including the names of all parties involved, offenses, court date information, case history and financial information (i.e. fines assessed).

If the Will County online system does not provide the information you need, you can contact the clerk’s office at (815) 727-8592.