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Illinois Expungement after Military Service

Posted by Jeffrey A. Fagan | May 21, 2017 | 0 Comments

Military Service and Illinois Expungements

If you served in the United States Armed Forces earning an Honorable Discharge, and are seeking expungement of a Class 3 or Class 4 Felony, your case may be eligible for expungement.

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Photo By: Lance Cpl. Holly Pernell

Illinois felony convictions generally cannot be expunged. There are exceptions for certain very limited types of criminal offenses and sentences. In almost every case, it is the type of offense or the sentence that might make a case eligible. However, our society has always sought ways to recognize and honor military service, and Illinois expungement law does so as well. 

Qualifying for Certificate of Expungement for Military in Illinois

In general, if you joined the military with a Class 3 or Class 4 felony conviction already on your record, or were enlisted at the time of the conviction, and you served at least one full tour of duty resulting in an Honorable Discharge, you may be eligible for expungement in spite of any conviction. This is limited to qualifying Illinois criminal offenses which are non-violent, non-sexual, or non-gun related offenses. 5 years must have passed since the disposition was entered. In order to qualify, you must first submit a “Request for Consideration” from the Illinois Prisoner Review Board. Make sure you have a copy of your DD-214 handy to start the process (if you cannot locate a copy, you can obtain one here). 

Once that "certificate of expungement" is granted by the Illinois Prisoner Review Board, then a petition to expunge may be filed with the Court. This is a truly unique exception to the general rule that most convictions cannot be expunged under Illinois Law. An experienced criminal defense attorney that handles expungement can advise if you qualify for this exception - contact us now for help with this process. 

About the Author

Jeffrey A. Fagan

Jeff graduated from Columbia College Chicago with a degree in Arts, Entertainment, and Media Management.  He earned his law degree from The John Marshall Law School in Chicago Illinois.   Jeff left college before completing his undergraduate degree, spending 11 years in the restaurant business, working his way from bar back to General Manager and becoming the youngest General Manager in that restaurant company's history.  Jeff specialized in turning around restaurants with problems, making them run more efficiently, improving the customer experience, and earning them record profits. Jeff's life changed when he was selected to serve on a Special Grand Jury for 30 days, an experience that few people have enjoyed.  His experience on the Special Grand Jury inspired him to return to college to complete his undergraduate degree with an eye towards attending law school.  Jeff turned down a job offer to become a district manager for a major coffee company and oversee their growth throughout the Midwest to return to school.  After graduating from Columbia, Jeff spent three years working for a Fortune 500 technology company where he was a founding member of their Healthcare division.  Upon gaining acceptance to law school, Jeff left his lucrative career in sales to pursue his passion for the law.  While attending law school, Jeff won two CALI “Excellence for the Future” awards for earning the top grade in Federal Criminal Law and Real Estate Transactions. Jeff is devoted to serving his client's needs.  He brings his years of real world experience to the firm and believes in treating the client the way he would want to be treated.  Jeff is a member of the DuPage County Bar Association, the Illinois Bar Association, and the National Association of Criminal Defense Lawyers.  One of the things that differentiates him from other attorneys is his desire to ensure that every client understands their case, the underlying law, and the possible outcomes.  Jeff also plays guitar, drums, and trumpet, loves dogs, and lifts weights at least three times a week.

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