Legal Question in Criminal Law in Illinois

Small Offense Expungement

A friend of mine was charged with a first-time offense,retail theft,when he was 17, the age of majority in Illinois. While it was not even a misdemeanor, the offense will remain on his record for five years, until he is 22. This is statutory. The problem is that he will graduate in a year and enter the job market before the expungement takes effect, severly limiting his chances at a good job. Does he have a case for clearing his record a year early? Would a plea reversal work?


Asked on 7/26/02, 1:36 pm

1 Answer from Attorneys
David Shestokas Shestokas, & Associates

Re: Small Offense Expungement

It would appear that you have been given an incorrect statement of Illinois law. If this was a case in which he received supervision, two years after the successful completion of supervision he becomes eligible to petition the court for expungement of the record, providing there have been no new criminal offenses in the meantime. The longest supervision that can be given is two years and in my experience most supervisions are substantially shorter than that. Assuming compliance, filing the petition is something we can help with. If you have further questions, I can be reached at 630-243-0099.

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Answered on 7/26/02, 2:26 pm


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