Understanding what doesn’t count as a conviction for expungement purposes in Illinois is crucial for those looking to clear their criminal record. Certain situations and outcomes in your criminal case may make you eligible for expungement, even if you were initially charged.
What Doesn’t Count as a Conviction for Expungement Purposes in Illinois?
In Illinois, not all criminal charges result in convictions that stay on your record permanently. Some outcomes can be expunged, meaning they can be removed entirely. Here’s what you need to know about what doesn’t count as a conviction for expungement purposes.
This guide explains the following:
- Arrests that didn’t lead to charges
- Charges that were dropped or dismissed
- Findings of not guilty
- Convictions that were vacated or reversed
- Cases involving supervision or qualified probation
- How an attorney can help with the expungement process
Here’s a closer look at each.
Arrests That Didn’t Lead to Charges
If you were arrested but not charged with a crime, this arrest doesn’t count as a conviction. You can petition to have this arrest expunged from your record. An attorney can help you file the necessary paperwork and ensure the arrest is removed, preventing it from affecting your future opportunities.
Related: Illinois expungement and sealing
Charges That Were Dropped or Dismissed
When charges against you are dropped or dismissed, they don’t count as convictions. These situations can occur for various reasons, such as lack of evidence or errors in the legal process. You can have these charges expunged from your record, making it as if the charges never existed. An attorney can guide you through the expungement process and help you achieve a clean slate.
Findings of Not Guilty
If a court finds you not guilty, this outcome doesn’t count as a conviction. Being acquitted means the court determined there wasn’t enough evidence to prove your guilt beyond a reasonable doubt. You can petition to have the not guilty finding expunged from your record. An attorney can assist you in filing the petition and representing you in any necessary hearings.
Convictions That Were Vacated or Reversed
Sometimes, a court may vacate or reverse a conviction, meaning it nullifies the guilty verdict. This can happen due to new evidence, legal errors, or other reasons. When a conviction is vacated or reversed, it doesn’t count as a conviction for expungement purposes. You can then seek to have the record of the conviction expunged. An attorney can help you navigate the legal process and ensure the vacated conviction is removed from your record.
Related: Why you can’t expunge violent crimes
Cases Involving Supervision or Qualified Probation
In Illinois, certain cases involving supervision or qualified probation may not count as convictions. If you successfully complete the terms of your supervision or probation, you might be eligible for expungement. The specifics can vary, so it’s essential to consult with an attorney who can evaluate your case and determine your eligibility. Your attorney can help you file for expungement and represent you throughout the process.
How an Attorney Can Help With the Expungement Process
An attorney plays a crucial role in the expungement process. They can help determine your eligibility, prepare and file the necessary paperwork, and represent you in court if needed. By working with an attorney, you can ensure that your expungement petition is correctly handled, increasing your chances of success.
FAQ About Expungement in Illinois
Check out these commonly asked questions about expungement in Illinois. If you don’t see your question here, please call our office and we’ll find you the answers you need.
What Doesn’t Count as a Conviction for Expungement in Illinois?
Arrests that didn’t lead to charges, charges that were dropped or dismissed, findings of not guilty, and convictions that were vacated or reversed don’t count as convictions for expungement purposes.
Can I Expunge an Arrest That Didn’t Lead to Charges?
Yes, you can expunge an arrest that didn’t lead to charges. This situation means you were taken into custody but not formally charged with a crime, making you eligible for expungement.
Related: Clearing your child’s criminal record in Illinois
What Happens If My Charges Were Dropped or Dismissed?
If your charges were dropped or dismissed, they don’t count as convictions. You can petition to have these charges expunged from your record.
Can I Expunge a Not Guilty Verdict?
Yes, if you were found not guilty, you can have this verdict expunged from your record. This outcome means the court didn’t find sufficient evidence to prove your guilt.
How Can an Attorney Help With Expungement?
An attorney can help determine your eligibility for expungement, prepare and file the necessary paperwork, and represent you in court. They ensure that your expungement petition is handled correctly, improving your chances of success.
Do You Need to Talk to an Attorney About Expungement or Sealing?
If you’re tired of your criminal past coming back to bite you, we may be able to help. Call us right now at 847-920-4540 or fill out the form below so we can talk about your case.
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