Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight
delay between your follow ups and my replies.
I am very sorry for your nephew's situation. On this website, I do not always get to give 100% good news, and this is one of these times.
He is not eligible
for expungement because expungement is an option for individuals who never received a conviction (he has). 725 Illinois Compiled Statutes, Act 105
, he may still have a chance. He may seek a PARDON, called "clemency" in Illinois. See here
. This is a case by case basis and the Governor can decide at discretion on this matter.
Since October 2012, Illinois Governor Pat Quinn decided on 189 executive clemency petitions, granting 65 of them.
IF clemency is granted, with it, the Governor can decide whether or not to allow expungement then even if there was a (now pardoned) conviction. In Illinois, the considerable majority of the clemency decisions include authorization to expunge.
So his steps would be to:
1) Seek a clemency; and
2) If granted clemency WITH authorization to expunge, then to
3) File for expungement.
Even if he is granted clemency but not the authorization to expunge, clemency in itself is still GOOD because it would lessen the stigma and effect of the conviction.
1) What his nephew is doing/not doing now (drugs, etc) has no bearing on his case, and
2) Arkansas laws differ so not the same laws apply here.
I hope this helps and clarifies. Good luck.
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