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This question came from one of our users:
I received a speeding ticket in Illinois in 2016. Is it possible now to have this removed from my record?
There are two ways criminal records can be removed from public view. These are sealing and expungement. Sealed records are closed and reviewed from public view, but are not destroyed. However, even sealed or expunged traffic records remain on the Secretary of State’s database and can still be found.
Expungement
In Illinois, some traffic offenses can be expunged from your record. Generally, the traffic offense must also be a criminal offense for it to be expunged, such as reckless driving or driving with a suspended license.
Expungement means that the criminal charges are erased from your record. The Illinois statute says that “Expunge” means to physically destroy the records or return them to the petitioner and to obliterate the petitioner’s name from any official index, or public record, or both.” 20 ILCS 2630/5.2.
Speeding tickets are generally considered minor offenses that are punished by a fine, not potential jail time. If you were charged with Aggravated Speeding, although this is a criminal offense, it is not eligible for expungement.
Aggravated Speeding
Aggravated Speeding is when you drive at least 26 miles over the speed limit. Aggravated speeding is a criminal offense that can result in jail time. How Aggravated Speeding is charged depends on how much over the speed limit you were driving.
- Driving 26–34 mph over the posted limit is a Class B misdemeanor,
- Driving 35 mph or more over the limit is a Class A misdemeanor.
Since speeding records can’t be expunged, can they be sealed? No, not usually.
Information about expungement, sealing, and access to the forms is available at Illinois Standardized Forms - Approved - Getting Started Request to Expunge & Impound and/or Seal Criminal Records.
Court Supervision
Did you get court supervision for your speeding ticket? Court supervision is an alternative to a conviction and typically involves paying a fine and attending traffic school. After the supervision period, your case is closed without a conviction. After two years, you may be eligible for expungement. There are other specific instances that may be eligible for expungement after successfully completing court supervision.
As you can see, clearing your record in Illinois is a very complicated matter, even for misdemeanors and most traffic offenses. It is best to consult a lawyer to determine your options. If you want to talk to one of our Illinois attorneys, you can book a consult.
This article does not constitute legal advice and is for general informational purposes only.
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