The Illinois Criminal Identification Act, 20 ILCS 2630, allows individuals to expunge their criminal records. This statute affects individuals with criminal records in Illinois, providing them with a chance to clear their records after a certain period, typically 3 years, as stated in Section 5 of the Act.
The effective date for expungement eligibility is January 1, 2004, as per Public Act 093-0578.
Expungement Eligibility
According to 20 ILCS 2630/5.2, the court may expunge the records of a person who has been arrested or charged with a crime if the charge was dismissed or the person was acquitted. The expungement process is guided by the legal standard of “actual innocence,” which is defined in People v. Williams, 60 Ill. 2d 1, 322 N.E.2d 819 (1975). A $120 filing fee is required for the expungement petition, as stated in 20 ILCS 2630/5.2.
This is where the law gets teeth. In plain terms, individuals with felony charges that did not result in a conviction may be eligible for expungement after 3 years, as per Section 5.2 of the Act. The statute also requires that the individual have no pending charges or prior convictions for certain offenses, including sex crimes and violent crimes, as outlined in 20 ILCS 2630/5.2.
In practice, this means that individuals with records that meet these criteria can file a petition for expungement with the court, which must be granted if the requirements are met, as stated in 20 ILCS 2630/5.2. The petition must include a $120 filing fee and be filed within 30 days of the dismissal or acquittal, as per 20 ILCS 2630/5.2.
Expungement Requirements
Class 4 Felonies
For Class 4 felonies, individuals may be eligible for expungement after 2 years, as per 20 ILCS 2630/5.2. However, this only applies to certain offenses, such as theft and disorderly conduct, as outlined in 720 ILCS 5/16-1 and 720 ILCS 5/26-1, respectively. A $100 fee is required for the expungement petition, as stated in 20 ILCS 2630/5.2.
In plain terms, individuals with Class 4 felony records may be eligible for expungement if they meet the requirements, including having no prior convictions for certain offenses, as stated in 20 ILCS 2630/5.2. The court will review the petition and make a determination based on the eligibility criteria, which includes a 2-year waiting period, as per 20 ILCS 2630/5.2.
Class 3 Felonies
For Class 3 felonies, individuals may be eligible for expungement after 5 years, as per 20 ILCS 2630/5.2. However, this only applies to certain offenses, such as burglary and possession of a controlled substance, as outlined in 720 ILCS 5/19-1 and 720 ILCS 570/402, respectively. A $150 fee is required for the expungement petition, as stated in 20 ILCS 2630/5.2.
This distinction matters. In practice, individuals with Class 3 felony records may be eligible for expungement if they meet the requirements, including having no prior convictions for certain offenses, as stated in 20 ILCS 2630/5.2. The court will review the petition and make a determination based on the eligibility criteria, which includes a 5-year waiting period, as per 20 ILCS 2630/5.2.
Misdemeanors
For misdemeanors, individuals may be eligible for expungement immediately after the completion of their sentence, as per 20 ILCS 2630/5.2. However, this only applies to certain offenses, such as disorderly conduct and petty theft, as outlined in 720 ILCS 5/26-1 and 720 ILCS 5/16-1, respectively. A $50 fee is required for the expungement petition, as stated in 20 ILCS 2630/5.2.
In plain terms, individuals with misdemeanor records may be eligible for expungement if they meet the requirements, including having no prior convictions for certain offenses, as stated in 20 ILCS 2630/5.2. The court will review the petition and make a determination based on the eligibility criteria, which includes a $50 filing fee, as per 20 ILCS 2630/5.2.
Expungement Process
According to 20 ILCS 2630/5.2, the expungement process begins with the filing of a petition with the court. The petition must include the required fee, which is $120 for felony expungements and $50 for misdemeanor expungements, as stated in 20 ILCS 2630/5.2. The court will then review the petition and make a determination based on the eligibility criteria, which includes a review of the individual’s record and any prior convictions, as stated in 20 ILCS 2630/5.2.
In practice, this means that individuals must file their petitions within 30 days of the dismissal or acquittal, as per 20 ILCS 2630/5.2. The court will then review the petition and make a determination within 60 days, as stated in 20 ILCS 2630/5.2.
The expungement process is typically handled by the circuit court in the county where the charge was filed, as stated in 20 ILCS 2630/5.2. The court will review the petition and make a determination based on the eligibility criteria, which includes a review of the individual’s record and any prior convictions, as stated in 20 ILCS 2630/5.2.
Penalties and Consequences
According to 20 ILCS 2630/5.2, individuals who are found to have made false statements in their expungement petition may be subject to penalties, including a $500 fine and up to 30 days in jail, as stated in 720 ILCS 5/32-2. Additionally, individuals who are found to have prior convictions for certain offenses may be ineligible for expungement, as stated in 20 ILCS 2630/5.2.
In plain terms, individuals who are found to have made false statements in their expungement petition may face serious consequences, including fines and jail time, as stated in 720 ILCS 5/32-2. The court will review the petition and make a determination based on the eligibility criteria, which includes a review of the individual’s record and any prior convictions, as stated in 20 ILCS 2630/5.2.
This distinction matters. In practice, individuals who are found to have prior convictions for certain offenses may be ineligible for expungement, as stated in 20 ILCS 2630/5.2. The court will review the petition and make a determination based on the eligibility criteria, which includes a review of the individual’s record and any prior convictions, as stated in 20 ILCS 2630/5.2.
Comparison to Other States
Illinois’s expungement laws are similar to those in other states, such as California and New York, which also have laws allowing for the expungement of certain criminal records, as stated in Cal. Pen. Code § 1203.4 and N.Y. Crim. Proc. Law § 160.50. However, the specific requirements and eligibility criteria vary from state to state, with California requiring a $150 fee for expungement petitions, as stated in Cal. Gov. Code § 70626.
In plain terms, individuals with criminal records in Illinois may be eligible for expungement under the state’s laws, which are similar to those in other states, as stated in 20 ILCS 2630/5.2. However, the specific requirements and eligibility criteria vary from state to state, with New York requiring a $50 fee for expungement petitions, as stated in N.Y. Crim. Proc. Law § 160.50.
Practical Steps
Individuals who are eligible for expungement should begin by gathering the required documents, including their criminal record and any relevant court documents, as stated in 20 ILCS 2630/5.2. They should then file a petition with the court, which must include the required fee, as stated in 20 ILCS 2630/5.2. The petition should be filed within 30 days of the dismissal or acquittal, as per 20 ILCS 2630/5.2.
In practice, this means that individuals should act quickly to file their petitions, as the court will review the petition and make a determination within 60 days, as stated in 20 ILCS 2630/5.2. Individuals who are found to be ineligible for expungement may appeal the decision, as stated in 20 ILCS 2630/5.2.
Recent Changes
Recent changes to Illinois’s expungement laws include the passage of Public Act 100-0926, which expanded the eligibility criteria for expungement to include certain Class 3 felonies, as stated in 20 ILCS 2630/5.2. The law also reduced the waiting period for expungement from 5 years to 2 years for certain offenses, as stated in 20 ILCS 2630/5.2.
In plain terms, individuals with criminal records in Illinois may be eligible for expungement under the state’s new laws, which expanded the eligibility criteria and reduced the waiting period, as stated in 20 ILCS 2630/5.2. The court will review the petition and make a determination based on the eligibility criteria, which includes a review of the individual’s record and any prior convictions, as stated in 20 ILCS 2630/5.2.
The Illinois General Assembly is currently considering additional changes to the state’s expungement laws, including a proposal to automatically expunge certain records after a certain period, as stated in HB 3572. This proposal would eliminate the need for individuals to file a petition and pay a fee, as stated in HB 3572. The proposal is currently in committee and has not yet been voted on, as of January 2024.
- Office of the Law Revision Counsel. relevant federal criminal statute
- U.S. Department of Justice. relevant DOJ policy or report
- Bureau of Justice Statistics. relevant crime data or report
