Chicago Criminal Defense & Expungement Blog

The mandatory waiting period for sealing a felony conviction can be found in 20 ILCS 2630/5.2(c)(2)(C) which states, "records identified as eligible under subsections (c)(2)(D) [which references all criminal convictions including felonies] … may be sealed 3 years after the termination of the petitioner's last sentence." "Last sentence" refers to the petitioner's most recent sentence on any case even if the case is different from the one he is seeking to seal.  Hence, if a petitioner wanted to seal a 2010 felony Burglary conviction but just completed a sentence on a recent DUI with a hypothetical completion date of January 5, 2019; it would appear that this petitioner would not be eligible to have the Burglary conviction sealed until January 5, 2022 (3 years after the petitioner's last sentence).

There is an underused exception to the foregoing waiting requirement which can be found at 20 ILCS 2630/5.
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The number one concern most individuals have when they are arrested for DUI are the potential ramifications.  In Illinois most first offense DUIs are charged as misdemeanor offenses.  However, exceptions exist if the motorist causes death or serious injury, does not have a valid driver's license, is operating a motor vehicle for hire etc. (See 625 ILCS 5/11-501(d) for a list of factors which may cause a first offense DUI to be upgraded to a felony).

Assuming the offense is charged as a class A misdemeanor the maximum penalty is 364 days in jail and the maximum fine is $2,500 not including mandatory Court costs.
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In Illinois speeding from 1-25 mph over the limit is classified as a petty offense and is punishable by fine only.  However, many individuals are not aware that speeding 26-34mph over the limit is considered a criminal offense (Class B misdemeanor) punishable by up to 6 months in jail and a maximum fine of $1,500 plus Court costs.  The penalties potentially worsen when a motorist is caught exceeding the speed limit by 35mph or more as such an offense is considered a more serious crime (Class A misdemeanor) punishable by up to 364 days in jail and a maximum fine of $2,500 plus Court costs.  A motorist who is convicted of misdemeanor speeding will have a criminal conviction on his or her record which may need to be reported on future job or housing applications.

When charged with misdemeanor speeding (Aggravated Speeding) it is prudent to retain the assistance of a qualified traffic attorney.
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Driving a truck or other commercial motor vehicle is a noble profession and is an honest way to put food on the table and help support a family.  When a CDL holder receives a ticket for a simple offense such as Improper Lane Usage the consequences are often nothing short of draconian.  In Illinois a non-CDL holder may request supervision and avoid a conviction on his record.  However, CDL drivers are not eligible for supervision, and therefore, are subject to a mandatory conviction.  This is true even if the CDL driver has not had a ticket in 20 years.
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Individuals charged with DUI in Illinois often want to understand why some individuals are found not guilty and are able to retain their driving privileges.  I have defended hundreds of DUI cases over a 14 year period and I always feel I have a better chance at a not-guilty verdict when certain general factors are present. 

The first factor is my client's refusal to submit to a breathalyzer test.  Illinois has a per se rule that driving with a breath alcohol content above .08 is illegal and constitutes a DUI regardless of how sober the motorist may have otherwise appeared.
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Commonly I receive phone calls from prospective clients who are interested in "clearing" their driving record.  The most common reasons are to lower insurance rates and to make themselves a better job candidate for perspective employers.  The first thing I usually explain is that most traffic offenses are considered petty offenses and under Illinois law  you cannot expunge a petty offense, business offense or class C misdemeanor charged under the Illinois vehicle code.20 ILCS 2630/5.2(a)(1)(G).
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As an attorney who has been helping clients clear their criminal records for over 14 years I am shocked that Governor Rauner's signature on the latest groundbreaking legislation has not received more media attention.  For years I received phone calls from clients who wanted to seal felony convictions but were not legally eligible.  On August 24, 2017 a new law took effect which will open the flood gates for rehabilitated individuals to make themselves employable again.  House Bill 2373 removed the general restriction that prevented most felony convictions from being sealable.  Prior to the passage of this law most individuals with felony convictions had to apply for executive clemency if they wanted a clean record.
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The Law Office of Jason B. Stevens P.C.

102 N. Evergreen Ave Suite 220 Arlington Heights IL.

On April 13, 2016 I represented a client before the prison review board in his request for executive clemency.  Executive clemency is the last form of potential relief available when a client wants to clear his record but is not eligible for expungement or sealing.  In such a case the individual may request a pardon from the governor which, if granted, would authorize the individual to file a petition to expunge in Circuit Court.  The procedures governing the executive clemency process are set forth in 730 ILCS 5/3-3-13.  In Chicago the hearings are held at the Thompson Center.

I recently attended an outstanding seminar offered by the Northwest Suburban Bar Association.  One of the topics discussed was the vast array of deferred prosecution programs  available in Cook County.  Generally a deferred prosecution program is a way of obtaining a dismissal at little or no risk to your client.  Programs are available and routinely offered in misdemeanor and felony Court.

As an attorney if I believe that I have a client who is a good candidate for a deferred prosecution such an outcome will generally be my primary objective.  Some of the more popular programs in Cook County include the Drug School and Theft Deterrent Programs along with the standard Misdemeanor Deferred Prosecution Program ("MDDP") and Felony Deferred Prosecution Program offered through Branch 9.  There are more specific programs aimed at deterring prostitution as well as assisting veterans. 

Anytime a defendant has little or no background and is charged with a non-violent crime in Cook County it is my professional opinion that a deferred prosecution should almost always be explored as a possible mode of obtaining a dismissal.

The authority for the State of Illinois to charge someone with driving on a suspended or revoked license can be found in section 625 ILCS 5/6-303.  It's hard to believe that a crime as simple as driving on a suspended license has morphed into such a voluminous statute.  The statute is approximately 7 pages long when printed.  The law is inundated with numerous mandatory minimum penalties depending on how many prior offenses you have had and the reason for your current suspension.  If you are charged with driving on a suspended or revoked license the degree of trouble you are in largely depends on why your license was suspended and how many prior offenses you have had.  For example, if you were suspended due to a DUI and you get caught driving on a suspended license the consequences can be severe.  However, if you are suspended due to 3 moving violations within a 12 month period of time your punishment for your first offense may seem trivial. 

It's always a good idea to order a Court purposes driving abstract from an Illinois Secretary of State facility.  The abstract discloses everything you need to know about your driving history and you may find that you are able to clear up your driver's license suspension prior to your Court date.  In my experience judges and prosecutors are far more likely to adhere to a lenient sentence and in some cases a dismissal when you go to Court with a valid license in hand.