Expungement & Sealing

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

April 21, 2022
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NOTE: This article was updated to reflect 2019 changes to Illinois law with passage of Public Act 101-593. This change became effective on December 4, 2019, updating various statutes addressing marijuana and related offenses. A person with no experience in the criminal justice system will see that the courts make a distinction between felony and […]

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Misdemeanor convictions that cannot be sealed: crimes of violence

April 14, 2022
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NOTE: This page has new content to clarify the recent impact of Public Act 101-223 (effective January 1, 2020) and Public Act 101-651 (effective August 7, 2020). These Acts adjusted the Illinois approach to standard and aggravated domestic battery offenses, including the possibility of a felony charge. A person convicted of a misdemeanor can have […]

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What is the legal definition of nolle prosequi?

October 19, 2021
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NOTE: The following content incorporates new material to explain changes to Illinois law with Public Act 101-223 (effective January 1, 2020) and Public Act 101-651 (effective August 7, 2020). After these acts became effective, there were new rules for aggravated battery offenses committed in places of religious worship. Use of nolle prosequi When a criminal […]

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Important changes to Illinois retail theft laws

October 7, 2021
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NOTE: The information below comprises supplementary materials to explain new thresholds for retail crime in certain jurisdictions. Beginning in 2016 and continuing through 2020 and beyond, the Cook County State’s Attorney’s Office increased the threshold for felony retail theft crimes to focus on the prosecution of violent crimes instead. 720 ILCS 5/16-25 Illinois state law […]

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First felony offense eligible for deferred prosecution under Offender Initiative Program

September 24, 2021
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NOTE: This article includes new subject matter to elucidate the impact of the Cannabis Regulation and Tax Act (Public Act 101-0027). When this Act became effective on January 1, 2020, cannabis became legal for recreational possession and use in Illinois. The Offender Initiative Program Under Illinois law, a person who is charged with a felony […]

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Two types of domestic battery and penalties

June 25, 2021
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NOTE: This article features additional content to account for changes to Illinois law after passage of Public Act 101-0130. Since this Act became effective in 2019, there is no longer a statute of limitations for criminal sexual abuse or criminal sexual abuse, which has potentially serious implications in the context of domestic battery cases. Illinois […]

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What is a Class B misdemeanor in Illinois?

May 25, 2021
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NOTE: This page includes adjusted content to reflect the Cannabis Regulation and Tax Act (Illinois House Bill 1438), which became effective on January 1, 2020. Since that time, it is no longer an offense to possess cannabis within certain limits for in-state residents and out-of-state visitors. Under Illinois law, a criminal offense is generally classified […]

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What is a Class C misdemeanor in Illinois?

May 1, 2021
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NOTE: The content below was refreshed to account for changes to Illinois law on January 1, 2020, after the Cannabis Regulation and Tax Act (Illinois House Bill 1438) became effective. After that date, Illinois residents and out-of-state visitors are allowed to possess and use cannabis for recreational purposes, subject to certain limitations. The Class C […]

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2010 expungement law in Illinois changes eligibility and waiting periods

February 19, 2020
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NOTE: This article was updated to reflect 2020 changes in Illinois law with passage of Public Act 101-027. These changes became effective on January 1st, amending Illinois law to legalize recreational use of marijuana and expunge certain possession charges. State lawmakers changed the law for the expungement process in Illinois significantly in 2010. The new […]

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What is a Class A misdemeanor in Illinois?

January 23, 2020
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Note: This article has been updated to republished as of 2020. The misdemeanor sentencing structure is governed by 730 ILCS 5/5-4.5-55. The last change to the statute became effective on July 1,2019. All criminal charges in the state of Illinois fall generally into two categories: felony and misdemeanor. The distinction between felony and misdemeanor is that […]

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