Records of a conviction upon a successful fulfillment of the terms and conditions of a mental health treatment program, can be vacated and expunged. 20 ILCS 301/40-10(a),(c).
Ineligible Category or Citation
There is no statutory language regarding ineligible offenses.
Procedure General
Any State’s Attorney in the county of conviction, a participant, or defense attorney may move to vacate. A participant may immediately file a petition to expunge vacated convictions and the associated underlying records per the Criminal Identification Act. If the State’s Attorney moves to vacate a conviction, the State’s Attorney may not object to expungement of that conviction or the underlying record. 20 ILCS 301/40-10(c).
Fees
There is no statutory language regarding fees.
Effect
The conviction is vacated and the court can take such additional action as is appropriate. 730 ILCS 168/35(c).
