LAW OFFICE OF WAYNE I. NOVAK

Defending your rights to the fullest.

Expungements

Expungements are available to many who have been arrested/charged with a crime in Illinois (
20 ILCS 2630/5).  An Expungement will clear your name from the court docket and take the charge off of your arrest record.  The Expungement process is an important step in a criminal case that often gets overlooked by those charged with crimes.  Some incorrectly assume that if a case is dismissed it is off their record.  Others believe that the disposition of supervision, TASC, 710, 1410, Section 10, Section 410 or 40-10 probation means that once the probation is over the case is completely off their record.  The truth is it stays until you actively file a petition seeking it to be expunged from your record.  In this economic climate it is even more important to get anything and everything you can off your criminal record to help you get or keep a job and prevent any further negative consequences from the stigma attached to an arrest and/or guilty plea/finding.  Once you get your record expunged it can not "considered by any private or public entity (besides law enforcement agencies, State's Attorneys, other prosecutors and the Department of Corrections) in employment matters, certification, licensing, revocation of certification or licensure, or registration." (20 ILCS 2630/12)  To get started you must do the following:

Step One- Obtain your criminal record
For Cases in Chicago go to:

          City of Chicago Building
             Access and Review Division
             4770 S. Kedzie Avenue
             Chicago, IL 60632
             312-745-5570

  Between the hours of 8:30 A.M. and noon, Monday 
  through Friday to get your fingerprints ran for a fee 
  of $16.00. They will then call you a few days later 
  to let you know you can pick up your rap sheet. 

          

For Cases outside of Chicago please contact:

             Illinois State Police
             Division of Administration
             Bureau of Identification
             260 North Chicago Street
             Joliet, IL 60432
             815-740-5160, Ext. 5743

          Forms can be ordered to obtain rap sheets from the Illinois
       State Police at:

          http://www.isp.state.il.us/crimhistory/crimhistoryhome.cfm 
       Their fee is $20.00

Step Two- Determine whether your cases are expungeable

                 • If you went to trial and were found not guilty, typically your case
                can be expunged
             • If your case was dismissed/dropped before trial, typically your case
                can be expunged
             • If you received supervision for a misdemeanor, your case may
                qualify for expungement
                – If you were given supervision for any of the following charges you
                   must wait 5 years from the termination date of your supervision to
                   apply for expungement: Retail Theft, Domestic Battery, Criminal
                   Sexual Abuse of someone over 18, Operating an Uninsured Motor
                   Vehicle, Reckless Driving, Displaying False Insurance,
                   Suspended Registration for Non insurance, Failure of Scrap Dealer
                   to Keep Records
                – If you receive supervision for any other type of misdemeanor you
                   must wait 2 years from the date your supervision ended before
                   applying for expungement
                – DUIs and sexual offenses against a minor under 18 are not
                   expungeable
             • If you received TASC, 70 or 1410 probation for drug possession
                your case may be eligible for expungement however, you must wait 5
                years from the date your probation ended

Step Three- Give my office a call at 773-519-0187 so we can discuss what needs to be done next and go over the entire process more thoroughly