The unfortunate truth is that some crimes cannot be expunged in Chicago or the rest of Illinois.
In order to qualify for expungement in Illinois, your record must meet certain criteria. With that said, there are some crimes that make you ineligible for expungement.
What Criminal Records Cannot Be Expunged in Chicago?
If you have charges pending right now, you can't have anything expunged. You'll have to wait until the case is resolved before your lawyer can take any action to clear your criminal record.
Some convictions can never be expunged from your record. For example, DUI and reckless driving cases cannot be expunged if you have been convicted. Sexual offenses committed by a minor (under the age of 18) cannot be expunged if you were sentenced to supervision for them.
You can't expunge your record if you have any offenses that resulted in a conviction, unless the conviction has been reversed, vacated, pardoned or approved by the Prisoner Review Board for expungement.
If you're found guilty and have received a sentence of:
- Conditional discharges
- Jail time
- Prison time
- Probation (not including 710, 1410 or TASC probation)
- Supervision that you have not successfully completed
- Time served
If you have a conviction on your record that doesn't qualify for expungement, you are not eligible to have any of your record expunged.
However, many offenses don't result in convictions. Those cases can include outcomes such as:
- Convictions that were pardoned by the governor
- Convictions that were approved for expungement by the Prisoner Review Board
- Convictions that were reversed or vacated
- Nolle prosequi (NP)
- Supervision, as long as you satisfied the conditions of the supervision set forth during sentencing
- Stricken off with leave to reinstate
- Finding of no probable cause
- Released without charging
- Successful completion of First Time Offender drug probation, such as 710 or 1410 probation
- Not guilty verdicts