EXPUNGEMENT OF CRIMINAL CASES IN ILLINOIS

            The arrest record of anyone ever arrested remains available to the public unless it is expunged.  This is true even if the case is dismissed or there is a verdict of not guilty.   

Expunged or Sealed:  Most criminal records without convictions can be expunged or sealed and even some records with convictions may be expunged or sealed.  When a record is expunged, it is erased, as if it never existed.  When a record is sealed, only law enforcement may view it.  Others, such as the general public, may not.  A record is best expunged, but is still beneficial to have it sealed.  For a record to be expunged or sealed, it must qualify. 

Necessary Information:  To start the process of expunging or sealing a criminal record, it is best to locate all the paperwork relating to the case or cases.  The following information is needed: 

·        Defendant’s contact information

·        Case number

·        What happened in court — a guilty plea, dismissal, etc.  This is called the “disposition” on the court record and it can be found at the courthouse where the case was heard.

·        Date of arrest

·        Agency or Police Department conducting the arrest. 

Additionally, it may be necessary to obtain a criminal history. Criminal histories can be obtained from the following places:

·        Illinois State Police, Bureau of Identification,

                               260 North Chicago Street, Joliet IL 60432,                   ·        The FBI, U.S. Department of Justice,                                1000 Custer Hollow Road, Clarksburg WV 26306.                 ·        The circuit clerk of the court where your case was handled. The clerks only have records for their counties not for the entire country or the State of Illinois.  Information for Illinois Circuit Clerks can be found at: http://www.state.il.us/court/CircuitCourt/CircuitCourtJudges/CCC_District.asp

            Records that can be Expunged:  To determine whether a record qualifies to be expunged or sealed, it is best to consult an experienced expungement attorney.  Some qualifying situations are listed below:

·        If the defendant was acquitted, released without conviction, found not guilty or   there was a no probable cause finding, or nolle prosequi (dismissed by the State’s Attorney).

·         Most cases qualify if there was *supervision ordered AND two years have passed since the successful completion of supervision.  The cases listed below require five years.

·        Cases in which an order of supervision or terminating probation was entered AND at least five years have passed since termination.  This applies to the following:

o       Uninsured motor vehicle

o       Suspended registration for non-insurance

o       Display of false insurance

o       Reckless driving

o       Retail theft

o       Certain cases involving Cannabis/Marijuana and Drugs and Alcohol.

·        Cases in which a conviction or sentence has been set aside and the court later determines you are factually innocent

·        Cases in which the governor has issued a pardon

Records that cannot be Expunged: 

·        A finding of guilt, with judgment on the finding, based on either a plea or verdict resulting in a sentence.  This does not apply to probation under the Cannabis, Controlled Substances, Steroid Control, or Alcohol and Drug Dependency Acts.

·        Probation (except under the acts listed above)

·        Supervision or conviction of a sexual offense against a minor under 18 years of age

·        Conditional discharge

·        DUI supervision

 Records that can be Sealed:   Below are some general requirements to have a record sealed.  However, to make sure, it is best to consult an attorney.

·        An adult or a minor prosecuted as an adult for a misdemeanor or municipal ordinance violation, and the defendant:

o       Was Acquitted  (Found Not Guilty)

o       Was Released without being convicted

o       Had a conviction was reversed either on appeal or by the trial judge

o       Received supervision for a misdemeanor AND had no convictions AND was not placed on supervision for a misdemeanor for three years following the termination of the case you are seeking to seal.

o       Had a case that was a qualifying Class 4 felony (possession of marijuana, possession of a controlled substance, and prostitution).

o       Received a misdemeanor conviction AND had no convictions or supervisions for a felony or misdemeanor for four years following your sentence.

·       Court Supervision may follow a guilty plea or a finding of guilt after trial. Supervision, if ordered by the judge and successfully completed, means there is not a record of conviction on the charge.  It should be noted that while supervision does not constitute a conviction, the supervision itself will stay on your public record unless expunged or sealed.  Court Supervision is like a continuance, pending the defendant’s good conduct, with dismissal of the charges upon acceptable compliance.  If the conditions are complied with, there is no conviction.  Supervision can be for up to two years and eliigibility for expunging or sealing does not begin until two or five years after the supervision is over.

If you have further questions about Illinois Expungement Law, please go to:

http://shestokas.com/Ask_an_Attorney.html     

Only matters charged as crimes or business offenses are covered by the information on this page.  Traffic tickets, divorces, or orders of protection are not covered by the rules above.

                                                                                          (c) 2008 Shestokas, Raines & Malavia

A DUI in California is a serious matter which can have lasting side effects on your way of life. A DUI which should be taken gravely as one should take all the actions feasible to minimize its effects.

DUI means driving under the influence of alcohol. Getting charged with a DUI offense can restrict your driving life. Your driving license can be suspended, limited or recalled depending on the circumstances of the drunk driving offense. You may also receive really costly fines, probably serve jail time, and most likely be needed to attend drunk driving classes. The penalties rely on the courts and counties that you are charged in California.
There are a lot of drunk driving events each day. Many Californians are killed on the road due to accidents. For that reason, many of California laws are created exactly for drunk driving and law enforcement agencies are actively enforcing them. There are severe laws in place to deal with drivers who drive under the influence of alcohol or drugs and tolerance is low.

There are many DUI convictions annually in California and there are many Californians who end up paying a lot of fines and even have to complete jail terms for that. Many drivers either have their driving license suspended, prohibited by the California Department of Motor Vehicles. Even after the criminal court process and the loss of driving privilege by the DMV there is a criminal conviction that stays on your record which you may make several complications in your life, such as retaining employment, or certain licenses. While many Californians who have DUI convictions on their criminal records eventually get the conviction expunged, this is another process that needs additional costs and time.

Now there can be several reasons for an individual driving under the influence of alcohol. It’s possible a person just forced you to have 2 drinks or somebody suddenly took you to the bar to have a drink. You may also be depressed due to work and had a drink before driving. After you are caught, you will have tough time ahead.

The best option to attenuate the negative effects a DUI conviction can have on your record is to hire a professional California DUI lawyer. A knowledgeable DUI lawyer that’s familiar with the DUI laws of California and the local procedures and process of local courts can assist you in many ways. In the situations where the proof or the facts do not support a DUI conviction, an experienced DUI lawyer can present the parts of the case to the court and properly represent your interest and your innocence, efficiently reducing your charges or in a number of cases getting your case discharged.

In different conditions where the case presented by the District Attorney’s Office is strong a professional California DUI lawyercan test the parts of the case to attenuate the charge, prepare it for trial, or in many cases negotiate a plea deal with the District Attorney that benefits the client.
whatever the proof, facts or strength of the case presented against a drunk driver, a good and experienced California DUI Lawyer can reduce the negative effects a DUI conviction can have on a person by representing them with their best interest in mind.

If you’re looking for more information about California DUI Laws or would like to talk with a California DUI Lawyer, visit CaliDUI.com, or read more at California DUI Lawyer and DUI Laws.

In Rhode Island, DUI, driving under the influence, is known as an OUI, operating under the influence of alcohol or drugs. Rhode Island employs many methods to catch drunk drivers, including blanket patrols, mobile videotape, and the publication of enforcement campaigns. Rhode Island has some unusual, and strict, dui laws, probably in response to the state’s poor drinking and driving statistics.

In 2006 (the most recent year for which statistics are available), 46% of the total number of Rhode Island’s traffic fatalities were alcohol related. Also, the State has one of the highest rates of people who refuse to take a chemical test to determine blood alcohol concentration (BAC) levels. Therefore, such a refusal now carries its own criminal penalties, including community service, OUI education classes, and fines, as well as other sanctions. In addition, administrative penalties include driver’s license suspension. The State does not allow hardship, restricted, or work licenses. Therefore, if your driver’s license is suspended or revoked, you will not be able to drive in Rhode Island – period.

A DUI in Rhode Island brings some serious penalties, which increase to correspond to high BAC levels. Even your first offense can bring up to one year in jail, and/or between 10 to 60 hours spent in community service. If your BAC was up to .08, the fine ranges between $100 and $300; if your BAC was up to .15, the fine ranges from $100 to $400; and if your BAC was above .15, the fine will be $500. No matter your BAC score, there will additionally be a highway assessment of $500. You are also required to attend a special course on drinking and driving. Administratively, your license will be suspended  from 30 to 180 days for a BAC score up to .08, from three months to 12 months for a BAC score up to .15, and from three months to 18 months for a BAC score above .15.

Rhode Island only has a five-year look-back period. This is the period of time that a Rhode Island DUI remains on your record. If you have a second dui arrest within five years of the first, you have a “prior,” and the judge will increase the dui penalties. Five years after a misdemeanor dui arrest, you can hire an experienced dui attorney to guide you in having the arrest expunged from your record. If your DUI was a felony, the record can only be expunged after ten years. However, your record must be clean of any other arrests, and you must maintain a clean moral character. And since Rhode Island participates in the Interstate Driver’s License Compact Agreement, any OUI or dui convictions from another state may also be counted as a prior conviction.