Chicago Traffic Expungement Attorneys
Traffic Expungement Attorneys in Cook and DuPage Counties
Clearing up your driving record through expungement can help you reduce your auto insurance costs and obtain a commercial driving position. Expungement is the legal process through which you ask a court to remove an arrest, violation, or criminal conviction from your record. Once an incident is expunged, the records are destroyed and it is as if it never existed. However, Illinois greatly limits the traffic violations that can be erased. If you need a traffic expungement attorney, the Law Offices of Francis J. Discipio are here to help. We have more than 20 years of experience in helping clients in the Chicago area.
Traffic Violation Expungement in Illinois
Illinois law states that no court shall order the sealing or expungement of records of minor traffic offenses unless you were arrested and released without being charged. The statute defines a minor traffic offense as any petty offense, business offense, or Class C misdemeanor under the state vehicle code or a similar municipal ordinance. This limitation includes a ticket for speeding less than 30 mph greater than the speed limit and many other common tickets.
More Serious Traffic Violations May be Expungeable
If you have a Class A or Class B misdemeanor traffic violation on your record, it may be possible to have this expunged since it is not a minor traffic offense. This includes:
- Aggravated speeding more than 31 mph over the speed limit
- Driving without a valid license
- Driving on a suspended or revoked license
- Reckless driving, if you were under 25 years old at the time
- Fleeing and eluding
- Leaving the scene of an accident
A driving under the influence (DUI) conviction cannot be expunged.
Eligibility for Expungement
If you are interested in expunging a traffic violation from your record, you need to review your eligibility. If you were arrested for a crime and not charged, or the charges were later dropped, then you may be eligible. If your misdemeanor traffic violation went further, then you must answer additional questions.
If you received probation or supervision following a misdemeanor conviction and successfully completed this punishment, you may request your record to be expunged. However, if you were convicted of a serious traffic violation and were sentenced to jail along with other statutory punishments, you may not be eligible.
The Illinois Expungement Process
If you are eligible for an expungement and you want to move forward with this legal process, reach out for help today. To ask the court for an expungement, you will need to file a petition in the proper county court. This is the court for the jurisdiction in which you were arrested or where the charges were filed – it may not be where you currently live. Along with filing the petition, you will have to serve notice to the county’s state’s attorney, police department, and the chief legal officer so that they are aware of your request and have the opportunity to object. Next, you will have to go before a judge at a court hearing to determine whether the violation should be expunged.
Overall, the Illinois expungement process can take a few months. The state has up to 60 days to object to your petition and then, even if the judge approves the request, it can take up to 60 days for the relevant Illinois agencies to process this order and expunge the violation.
If you have a traffic violation on your record and it is holding you back, contact us by calling 630-574-2288. At the Law Offices of Francis J. Discipio, we serve clients throughout Cook County and DuPage County, and we offer free initial consultations at our Chicago or Oak Brook office locations.