EXPUNGMENT
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EXPUNGMENT
My boyfriend was driving and I was a passenger. We got pulled over in dupage co., Il. He is an unlicesened driver. I had less than 2.5 grams of marijuana on me. We were given an I-bond on the spot, car towed(not for **** related). I went to traffic court for the matter and I pleaded not guilty. My first offense regarding this matter, no previous record for anything. I was given 3 mo. supervison, $350 fine. This took place in Nov of 07 and I was charged, April 08. Can I petition for expungment/sealed of record prior to the two yr time period and when my record is expunged, can I apply for a low income apt w/ hud(government). Curently they do not allow anyone wih a misdemeanor/felony other than traffic related to apply for housing. Will my issue haunt me after my record is expunged/sealed? I was charged with less than 2.5 grams of marijuana..This is a 2 part ? any help will be greatly appreciated. Thank you
Asked on May 21, 2009 under Criminal Law, Illinois
Answers:
N. K., Member, Iowa and Illinois Bar / FreeAdvice Contributing Attorney
Answered 15 years ago | Contributor
One of the cases where a criminal record can be expunged is where an Order of Supervision was entered and 2 years have passed since discharge and dismissal of supervision.
You can try to seal your record if you don't qualify for expungement. One case where you can seal your record is when you received a sentence of supervision for a misdemeanor and it has been at least 3 years since the termination of your last supervision. Also, some Class 4 felony drug possession cases can be sealed (including supervision).
Both of these methods require you to complete and file the necessary forms with the court.
Usually, if you get your record expunged or sealed, the record is inaccessible. But some government agencies can still get access to these records.
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