It may be possible to remove convictions for Illinois traffic tickets from your driving record. By filing a “Motion to Vacate,” our attorneys are able to bring your ticket back into court and argue for a more favorable outcome (i.e. court supervision or dismissal). Under Illinois law, only criminal charges may be eligible for expungement, not traffic tickets. As a result, the only way to clear a traffic ticket conviction from your driving record, is to bring the case back in front of a judge.
We are often contacted by clients facing a license suspension for too many moving violations. A “Motion to Vacate” may be the best solution to removing the entire suspension or shortening the suspension period. An administrative hearing for driving privileges before the Secretary of State is a more complex and lengthy process. Whenever possible, a “Motion to Vacate” is the preferred course of action.
We regularly hear from CDL holders (i.e. truck drivers) that need a ticket removed from their record due to severe employment consequences, insurance increases and/or license suspension. Handling this process for a CDL holder requires a similar approach.
The success of this strategy for any driver depends on a number of factors including whether you originally appeared in court for the ticket. If you simply mailed in payment for the ticket, failed to pay the ticket, or failed to appear in court, a “Motion to Vacate” may allow us to bring the case into court and attempt to resolve the ticket without a conviction.
If you appeared in court, were sentenced to court supervision, and failed to complete the required conditions (i.e. payment of fines or traffic school) we may be able to file a “Motion to Vacate” and request that the judge reinstate your court supervision. Of course, completion of the original conditions of your court supervision will likely be necessary.
However, if you appeared in court and are unhappy with the sentence imposed by a judge, you only have 30 days to appeal your sentence. Unlike the above scenarios, these cases may not be suitable for a “Motion to Vacate” if more than 30 days have elapsed.
If the motion is successful, our attorneys will obtain the necessary paperwork for the Illinois Secretary of State. Once submitted and processed, the conviction will be removed from your public driving record. It is important that this step is handled correctly.
The county or courthouse where the ticket is assigned may have a significant impact on the likelihood of success of this strategy. The attorneys at The Davis Law Group, P.C. are able to review your record, evaluate your specific situation, and determine the most appropriate course of action. We regularly handle this cases throughout the Chicagoland area including Cook County, Lake County and DuPage County. The professional and experienced traffic attorneys at our firm are ready to help. Contact us today to discuss your options.