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Roger
Roger, Lawyer
Category: Criminal Law
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First time felony conviction, conspiracy to comitt murder,

Resolved Question:

First time felony conviction, conspiracy to comitt murder, can I get this sealed?
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Roger replied 5 years ago.
Hi - my name is XXXXX XXXXX I'm a Criminal Law litigation attorney here to assist you.
Expert:  Roger replied 5 years ago.

Either expunging or sealing records in Illinois is very limited.

 

Based on my reading of the law, this offense would not be eligible for expungement or sealing. Here's an outline of who is eligible under the law.

 

1. Your record can be expunged of municipal ordinance, misdemeanor

and felony charges IF:

  • You were found NOT GUILTY of the charges, OR
  • The State dismissed the charges against you.

2. If you were sentenced to supervision for certain misdemeanors, AND

  • It has been at least five years since supervision was

discharged, AND

  • You have not been arrested or criminally charged since the

supervision was discharged.3. If you were sentenced to probation for certain misdemeanors, AND

  • It has been five years since successful termination of

probation, AND

  • You have not been arrested or criminally charged since

probation was discharged, and there are no charges pending

against you.4. If you were released without conviction following a sentence of

supervision for certain offenses - EXCEPT DUI and any sexual

offenses committed against a minor younger than 18 - AND it has

been two years since successful discharge and dismissal from

supervision.5. If you were convicted or found guilty AND EITHER

  • You received a pardon from the governor that specifically

authorizes an expungement*, OR

  • Your conviction was set aside on direct review or collateral

attack, and the court "determines by clear and convincing

evidence that the defendant was factually innocent."

 

http://www.illinoisattorneygeneral.gov/consumers/brochures/expunge0204h.pdf

 

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