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Can I Expunge My Illinois Speeding Ticket?

Posted by on in Traffic Violations
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IL defense lawyerIf you have a driver’s license in Illinois, then you have an Illinois driving record. One of the most common traffic violations in the state of Illinois and in the United States is speeding. Because speeding can cause real damage to property and other drivers, Illinois law enforcement officers and others in the criminal justice system take speeding charges very seriously. Every time you are pulled over or issued a ticket for any moving or non-moving violation, it is recorded onto your driving record. For certain jobs, a marred driving record can be detrimental, which is why some people seek to have their traffic violations expunged - but can you?

Minor Traffic Offenses and Expungement

The short answer is, maybe. For the most part, minor traffic offenses cannot be expunged in Illinois. A minor traffic offense is defined as a petty offense, business offense or Class C misdemeanor under the Illinois Vehicle Code. Typically, only criminal offenses are able to be expunged, so since a minor traffic offense is not a criminal offense, it cannot be expunged. There is one way around this rule, though. If you were arrested for a minor traffic offense, but you were released without being charged, you may be able to expunge or seal that record.

Misdemeanor Speeding Tickets and Expungement

There are two levels of speeding in Illinois and they carry two different crime classifications. If you are arrested for speeding between 26 mph and 34 mph, you can be charged with a Class B misdemeanor. If you are arrested for speeding 35 mph or more over the speed limit, you can be charged with a Class A misdemeanor. You can petition to expunge these arrests if:

  • The arrest did not result in a conviction;
  • If convicted, the conviction was reversed or vacated;
  • You were sentenced to court supervision and enough time has passed since your successful completion; or
  • You were sentenced to probation and enough time has passed since your successful completion.

Still Have Questions? Contact an Oak Brook, IL Expungement Attorney Today

The expungement process can be confusing because of the many requirements and stipulations that surround the process. If you want to explore your options for expungement or sealing, Myers Law LLC can help. Our knowledgeable DuPage County traffic violation lawyers will help you figure out if your traffic violations are eligible for expungement or sealing. Contact our office today by calling 844-984-3529 to schedule a free consultation.

 

Sources:

http://www.illinoiscourts.gov/Forms/approved/expungement/ExpungementSealing_Instructions_Approved.pdf

http://www.cookcountyclerkofcourt.org/newsite/GI_NEWS/ExpungementSummitGuide.pdf

http://www.ilga.gov/legislation/ilcs/ilcs4.asp?DocName=062500050HCh%2E+11+Art%2E+VI&ActID=1815&ChapterID=49&SeqStart=119900000&SeqEnd=121400000

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