Expungement & Sealing

Cook County to host annual expungement summit June 2, 2012

May 1, 2012

All persons who have ever been arrested in Cook County should be aware of the free expungement seminar scheduled for June 2, 2012.
Under Illinois law, any person who is arrested and charged with a crime has a record with the Illinois State Police that can be disseminated nationwide. The record of the arrest remains even [...]

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Important changes to Illinois retail theft laws in the year 2012

April 24, 2012

Illinois state law concerning retail theft has seen some significant changes in the year 2012. State lawmakers in Springfield have overhauled the retail theft statute. First, the offense is no longer found under 720 ILCS 5/16A-1. That section was repealed, and replaced by Section 16-25. All charges for retail theft written in 2012 fall under [...]

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New expungement guidelines in 2011

October 12, 2011

Each year, the Office of the State Appellate Defender publishes an instruction guide for expunging criminal records. The attorneys with that office provide a valuable service to Illinois and should receive more recognition for their efforts.
The latest release from the appellate public defender’s is available here for download.
The legislature changes the expungement statute each year, [...]

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Examining State Police expungement statistics

October 4, 2011

The Illinois State Police are mandated by law to keep track of how many petitions to expunge or seal they receive each year, and what the outcome is. This is a new legal obligation. It became mandatory through the Expungement Backlog Accountability Law. 20 ILCS 2630/14.
In the past, the State Police were notorious for delay [...]

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Two types of domestic battery and penalties

September 13, 2011

The law in Illinois provides that there are two types of domestic battery offenses. First, a person can be charged with domestic battery for causing bodily harm to any family or household member. Second, a person can also be charged with domestic battery for making contact of an insulting and provoking nature with any family [...]

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Illinois felonies result in conviction despite fact that offender has no criminal background

May 24, 2011

A person with no experience in the criminal justice system will see that the courts make a distinction between felony and misdemeanor cases. In almost every courthouse in Illinois, felony cases are heard by a judge who hears only felony matters. The judge presiding over felony cases is usually a Circuit Judge. These judges are [...]

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What is a Class C misdemeanor in Illinois?

April 10, 2011

The Class C misdemeanor in Illinois is an atypical offense. Most misdemeanor offenses are categorized as Class A misdemeanors, not Class C misdemeanors.
The law in Illinois says that a person charged with a Class C misdemeanor is subject to a maximum 30 days imprisonment and fine of $1,500.
On the books, there are three types of [...]

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What is a Class B misdemeanor in Illinois?

March 23, 2011

Under Illinois law, a criminal offense is generally classified as either a felony or a misdemeanor. The difference between felony and misdemeanor is that a felony has a penalty of one year or more imprisonment, whereas a misdemeanor is a penalty of less than one year.
There are three types of misdemeanors: Class A, Class B, [...]

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What is a Class A misdemeanor in Illinois?

February 13, 2011

All criminal charges in the state of Illinois fall generally into two categories: felony and misdemeanor. The distinction between felony and misdemeanor is that a felony offense has a possible sentence of one year or more imprisonment, whereas a misdemeanor is less than one year. Most states classify their offenses in this same manner.
The Illinois [...]

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What is the legal definition of nolle prosequi?

July 10, 2010

When a criminal case is dismissed in an Illinois court of law, the result can be somewhat disappointing for the defendant. The reason is, there is hardly ever a court document using the term “case dismissed.”
The dismissal of criminal charges takes place by way of a motion from the prosecution called, “nolle prosequi.”
A motion to [...]

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