Certificate of Expungement for Military

A person who after having been convicted of a Class 3 or Class 4 felony thereafter served in the United States Armed Forces or National Guard or any other state and had received an honorable discharge from the United States Armed Forces or National Guard or who at the time of filing the petition is enlisted in the United States Armed Forces or National Guard or any other state and served one tour of duty and who meets the requirements.

Any person may file for a Certificate of Expungement for Military or an Executive Clemency, you may not file for both simultaneously. If you have a pending Executive Clemency petition, you will not be eligible to file for a Certificate of Expungement for Military until a final decision has been made on your Executive Clemency petition or the pending Executive Clemency petition has been formally withdrawn.

Qualifying Convictions for Certificate of Expungement for Military

The following offenses do not qualify for a Certificate of Expungement:

  • Sex offenses
  • Crimes of violence
  • Domestic violence cases, including:
    • Aggravated Assault
    • Violation of an Order of Protection
    • Domestic Battery
    • Aggravated Battery
    • Aggravated Domestic Battery
  • Gun Cases

If you have been convicted of a Class 3 or Class 4 felony that was not listed above and was not a crime of violence, a sex offence, a domestic violence offense or a gun case, then you may be eligible for a Certificate of Expungement for Military.

APPLICATION PROCESS FOR CERTIFICATE OF EXPUNGEMENT FOR MILITARY:

The following forms must be filled out, completed, signed and returned as part of the petition:

The petitioner shall sign the petition attesting to the petition's truthfulness and his/her signature will be notarized. If the petitioner is unable to sign the petition, then proof of Power of Attorney/Guardianship must be provided with the petition and explanation as to why the petitioner was unable to sign the petition.

Required Documentation:

  • DD 214 and/or
  • Documentation of a completed tour of duty

The Board will then decide to deny or grant the Certificate of Expungement for Military or to request the petitioner to attend a public hearing which will be located in Springfield or Chicago on a determined set of dates and times. If denied a certificate, then the petitioner must wait four years before refiling or filing for an Executive Clemency or Certificate of Sealing unless granted a waiver of the time period by the Chairman of the Board.

If the Board grants a Certificate of Expungement for Military, then a petition can be filed in the Circuit Court for the court to issue an Order of Expungement of Records. If the court orders the expungement of the record, then private companies, individuals and the general public will not be able to see the conviction.

Filing dates and locations of hearings (if appearance is requested by the Board)*:

  • April 10, 2019 to April 12, 2019
    • Hearings held in Chicago, Il
    • Deadline for petition:  January 24, 2019 by 5:00 p.m.
  • July 10, 2019 to July 12, 2019
    • Hearings held in Chicago, Il
    • Deadline for petition:  April 25, 2019 by 5:00 p.m.
  • October 9, 2019 to October 11, 2019
    • Hearings held in Chicago, Il
    • Deadline for petition:  July 25, 2019 by 5:00 p.m.           

*Dates of hearings are subject to change or to be extended

Email: PRB.Clemency@Illinois.gov