Legal Question in Criminal Law in Illinois

felony expungement

I have a class 4-felony conviction dated July 21, 1988. I was convicted of driving with illegal license plates. I served 18 days in the county jail and one year probation. I did not have any prior arrests and during the past 15 years I have been a model citizen. I want to expunge this felony conviction from my record, so I can get a part-time job working at a casino. I filed a motion to expunge through the circuit clerks office and expect a hearing on the 17 or 18 of Nov. 2003. From reviewing the past Q&A I might not get this expunged. My question is how much leeway does the judge have to expunge a record? And is there anything I can say or do to persuade him to remove this from my record? I did make a mistake 15 years ago and put an illegal license plate on my car, but how long do I have to pay for this. The prosecuting attorney wanted to charge me with a class 2 felony, the court appointed attorney said if I plead guilty I could get it down to a class four felony. A class two felony is the charge for involuntary manslaughter! Class 2 or class 4, I can't get a job because this is on my record. Can you help or do I have to go through the governor's office, which will take several months.


Asked on 10/16/03, 7:57 pm

3 Answers from Attorneys

Michael Rosenblat Michael C. Rosenblat., P.C.

Re: felony expungement

You can not get a conviction expunged. You need to file a clemency petition with the Governor.

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Answered on 10/17/03, 10:19 am
Roger Malavia The Malavia Law Firm

Re: felony expungement

You have to present a proper Petition before the Prisoner Review Board. Your chances of success will increase if you have someone representing you before the Board. Feel free to call if you have any more questions.

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Answered on 10/17/03, 12:29 pm
Mary McDonagh McDonagh-Faherty Law Offices

Re: felony expungement

You cannot expunge a conviction. You can only request clemency.

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Answered on 10/20/03, 6:03 pm


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