Overview Description

Records of a conviction upon a successful fulfillment of the terms and conditions of a drug treatment program, can be vacated and expunged. 730 ILCS 166/35(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. 730 ILCS 166/35(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 166/35(c).

(non-prod server)