expunge

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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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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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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Illinois Supreme Court Rules Aggravated Unlawful Use of a Weapon Statute Violates 2nd Amendment

February 14, 2020
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NOTE: This article was updated to reflect 2020 changes in Illinois law with passage of Public Act 101-223. These changes became effective on January 1st, modifying the Illinois laws against and penalties for unlawful use of weapons at places of worship. In one decision, the Illinois Supreme Court has undone thousands of convictions for carrying […]

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Overview: Expunging Your Criminal Record in Illinois

February 27, 2016
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NOTE: This article was refreshed to account for Public Act 102-933, which became part of Illinois law on January 1, 2023. Since that date, Illinois modified the Criminal Identification Act to enable a person to request expungement, even after testing positive for cannabis. Expungement is the process where a criminal court disposition is removed from […]

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New Illinois law bans mugshot web sites while Google removes them from search

October 23, 2013
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People make mistakes… That’s just life, right? But things are different in today’s world, because social media like Facebook and Twitter are available to document people’s mistakes forever. In an instant, arrest records are disseminated for all to see in Google. There is a pernicious industry on the web that preys upon people who were […]

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Job applicants with criminal records may find employment under new EEOC policy

October 29, 2012
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As anyone with a criminal record can tell you, one conviction can have a devastating impact on your future. When you apply for a job with a criminal record, you usually don’t expect to make it past the background check. But that all may change soon under an important policy change with the Equal Employment […]

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