You are eligible for expungement if you have been charged with a misdemeanor criminal offense, a traffic violation, or a municipal ordinance violation - if the charge was dismissed with prejudice, no-billed by a grand jury, the person was found not guilty of the charge, or the charge was dismissed without prejudice more than two years ago and has not been refiled.
A petition has to be filed with the circuit court in the location the charge was filed.
A copy of the petition submitted to the circuit court also has to be provided to the district attorney's office, the law enforcement agency and the clerk of court.
The DA's office is expected to review the petition and make an effort to notify any victims in the case.
The DA's office and the victims have 45 days to file a petition opposing the expungement. If the objection is filed, the court is to set a hearing date at least 14 days after the filing.
“The proceedings regarding the charge shall be deemed never to have occurred,” the act says.
Arrest records, booking or arrest photos, index references for public records searches and other documents or electronic files concerning are destroyed.