Expungement of Sex Offenses in Illinois

criminal recordMany people who have been convicted of a sex crime in Illinois wonder whether the offense can be expunged. There are limited circumstances in which this is possible, but it can occasionally be done. As each situation is different, it is important to consult an experienced attorney for guidance in getting your conviction expunged.

What is a Sex Offense in Illinois?

Under Illinois law, a sex offense is a crime that involves sexual misconduct. This includes assault, child pornography, statutory rape (even if the alleged perpetrator is under the age of consent at the time as well), and others. If you are convicted of a sex offense in Illinois, then you will be considered a sex offender by the state of Illinois, and you may even have to register as such for a minimum term of 10 years on the Sex Offenders Registry.

When Can Sex Offenses Be Expunged?

It is not easy to expunge a conviction for a sex crime in Illinois, unless you have circumstances that fall within the exception to the general rule. For the most part, it is not possible to expunge a sex offense conviction, but one exception is when the juvenile incident you were convicted of would not be a felony if an adult committed it.

If that is true, and you are over 21 years old, it has been over five years since your last juvenile court proceeding and since you were released from the Department of Juvenile Justice, then you may qualify for expungement. You must have a clean record since you turned 18. If all of those conditions are met, while there is no guarantee, you may be able to have your sex crime expunged from your record.   

No sex crime that requires an offender to be registered under the Sex Offender Registration Act can be sealed or expunged, even if you were only convicted of a misdemeanor. Being charged with soliciting prostitution cannot be sealed or expunged, as that is always a crime.

The Sex Offender Registration Act

The Illinois Sex Offender Registration Act requires all those who have been convicted of any of the following crimes to register as a sex offender for a period not less than 10 years. This includes situations in which you are convicted of a sex crime, declared a sexually dangerous or sexually violent person, you are found not guilty of a sex crime by reason of insanity, or for some other reason have received a judicial finding on a sex crime that is not an acquittal.

The Law Offices of David Freidberg Can Help You

Every case is different.  No matter what you think your options are, it is best to talk to an experienced expungement attorney who can evaluate the facts of your situation and give you an opinion on whether your past sex crime can be sealed or expunged. Contact us today at 312-560-7100 or email us, and let us fight for you.