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There are a few new changes to the expungement statute in Illinois that can assist one searching for relief

Brian L. Polinske
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Edwardsville Criminal Defense Trial Lawyer

Illinois law changed on January 1, 2017 wherein a person seeking expungment may now do so even if they have a prior conviction.  Most importantly a person who has been previously been convicted are now able to file a petition to expunge.  Prior to January 1, 2017 there was a blanket ban on those with prior convictions.  The statutory citation is: 20 ILCS 2630/5.2(b)(1) et seq.  Procedurally this is a huge win for persons seeking expungement.  Typically, when doing research on a client's criminal history for those seeking expungment it was common to have an objection filed by the States Attorney or Attorney General that expungment could not be allowed due to a prior conviction. 

This change in expungement law practically opens the door to many persons who would not have been able to do so in the past.  I anticiapte the number of petitioners seeking relief will snowball.  I wish anyone seeking this relief the best of luck.  I also encourage all petitioners to seek the assistance of legal counsel to assist them in this regard.

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