Information Contained in Illinois Misdemeanor Records

Criminal law defines the conduct that is considered illegal and establishes penalties that can be imposed for violating these prohibitions. Persons that break a law incur penalties which can include imprisonment, fines or even execution for the most severe crimes.

Crimes are defined by official laws or decrees. These laws and decrees are then put into rule books that are referred to as criminal codes. Apart from the Illinois state criminal code that is applicable only in the state of Illinois, there are other criminal codes, laws and regulations such as the criminal codes of the federal government which are followed throughout the country. 

In most cases, criminal activity involving the violation of either a federal law or a state law can be tried either in a state court or a federal court but not in both. However, crimes involving drugs are exceptions because these can be prosecuted in both the federal as well as the state courts.

How Illinois Defines Misdemeanors

A lot of elements are used to define every crime. The prosecutor in a criminal trial tries to establish all the basics of a crime that the offender is believed to have committed. If a jury or the judge decides that the prosecutor is able to provide evidence to support all the fundamentals of a particular crime beyond a reasonable doubt, then the accused is found guilty of the crime. If the prosecutor fails to prove all the elements, the defendant cannot be held guilty for the crime.

Under the Illinois misdemeanor laws and the criminal code, misdemeanors range from unlawfully interfering with a public utility, criminal trespass, and intentionally damaging public or private property, among many other petty crimes.

Under misdemeanor law, many crimes are misdemeanors on the first offense, but the same crime may become felony on the second offense. According to Illinois misdemeanor laws, for instance, a retail theft of property valued at less than $150 is a misdemeanor the first time. If anybody is convicted of a retail theft and is arrested again for the same action, the person will be charged with felony retail theft.

Misdemeanor Punishments

Misdemeanors carry a maximum punishment of a fine and less than one year of incarceration. Crimes for which a person is punished by more than one year in jail or in prison are categorized in Illinois as felonies.

In Illinois, misdemeanors are categorized in three classes and the probable punishment is up to a year in jail.

Class A misdemeanors. Sentence can include up to a maximum of 364 days in jail for the following charges:
- Aggravated assault
- Battery
- Domestic Battery
- Criminal Damage to Property
- Criminal Sexual Abuse
- Criminal Trespass to Vehicles
- Criminal Trespass to Residence
- Endangering the Life or Health of a Child
- Patronizing a Prostitute
- Public Indecency
- Reckless Conduct
- Retail Theft
- Theft
- Violation of an Order of Protection

Class B misdemeanors. Sentences can include a maximum of 180 days jail term for the following charges:

- Criminal Trespass to Property
- Possession of Cannabis
- Harassment by Telephone

Class C misdemeanors. Sentences can include 30 days (maximum) jail term for the following charges:

- Assault
- Possession of Cannabis
- Disorderly Conduct

Expungement of Misdemeanor

One can expunge (erase) a misdemeanor charge by going to the Clerk of the Circuit Court in the county where charges were brought. The Clerk of the Circuit Court would be of assistance in filing the necessary papers and paying fees.

Courts can expunge records if any of the following circumstances apply:

- if you are found not guilty of the charges or the state dismissed the charges against you
- if the misdemeanor charge has been at least five years since supervision was discharged or you have not been arrested or criminally charged since the supervision was discharged
- if you were sentenced to probation for certain misdemeanors and it has been five years since successful termination of probation.

Contact Information

If you want to know more about the misdemeanor laws in Illinois then you can visit http://www.illinoisattorneygeneral.gov/ or

100 West Randolph Street
Chicago, IL 60601
Phone (312) 814-3000
Toll Free (800) 964-3013