Illinois: Adult Diversion/Deferral Program (IL-D-9)

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).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Vacate and expunge

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).

Waiting Periods

There is no waiting period.

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