Making the Connection | Illinois

To qualify for many of the public benefit programs often a person must be a U.S. citizen or must fit into a specific immigrant category. This requirement varies by program. The term used by benefit programs is that you have to be a “qualified immigrant”.

Immigrants may also have a sponsor when they enter into the US. In instances where you have a sponsor, you may have to provide information about your sponsor’s income and assets. The sponsor’s income and assets may be used (or deemed) to help decide if you can receive a public benefit or how much of a benefit you can receive. This responsibility ends when you become a US citizen or you have 40 qualifying work quarters. Sponsors may be held responsible for reimbursing the government for benefits you received before you have become a US citizen or met the 40 qualifying work quarters.

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Click on the program for information about sponsor liability (deeming)

• TANF
• Food Stamps
• SSI
• Medicaid due to age (65+), blindness or disability
• General Assistance (this is the state GA policy, and is similar to the policy of many township offices, see the section on General Assistance)

Who is a qualified immigrant?
People who are not U.S. citizens but who fit a specific immigrant category are immigrants who may qualify for cash, food or medical benefits.  The rules for who can qualify varies by program.  Take a look below for specifics based on the program.  

Generally a qualified immigrant is:  

• Persons Lawfully Admitted for Permanent Residence into the U.S. and have resided in the U.S. for at least 5 years after 8/22/1996.
• . To meet the non-citizen requirements for this status, you must:
  • have been residing in the U.S. on 08/21/96 and
  • currently be lawfully admitted for permanent residence.
  • Persons who enter the U.S. on or after 08/22/96 must live in the United States for 5 years after being lawfully admitted, to meet citizenship status or if here under 5 years has 40 qualifying work quarters according to Social Security records
• Refugees/Asylees
• Certain American Indians Born in Canada
  • An American Indian born in Canada
  • A member of an Indian tribe as defined in the Indian Self-Determination and Education Assistance Act.
• U.S. Veterans, Active Military Service, and Dependents. This group includes a non-citizen who is:
  • a veteran, honorably discharged from U.S. military service, for reasons other than being a non-citizen;
  • in active U.S. military service;
  • a spouse or unmarried dependent child of a veteran or a person in active U.S. military service.
• Refugee/Asylee/Cuban-Haitian/Amerasian/Deportation Withheld. This group includes:
  • A person who is a refugee admitted under Section 207.
  • A person who is an asylee admitted under Section 208.
  • A national of Cuba or Haiti admitted on or after 04/21/80.
  • Amerasians from Vietnam, and their close family members, admitted through the Orderly Departure Program beginning on 03/20/88.
  • A person whose deportation is being withheld under Section 243(h) prior to 04/97, or Section 241(b) after 04/97
• Hmong or Highland Laotian Tribe Members
  • A person Lawfully residing in the U.S. who was a member of a Hmong or Highland Laotian tribe when the tribe helped U.S. personnel by taking part in a military or rescue operation during the Vietnam era (between August 5, 1965 and May 7, 1975). This also includes the person's spouse, widow(er) who has not remarried, and unmarried dependent children.
• Persons Granted Conditional Entry and Certain Parolees. This includes:
  • A person who is granted conditional entry prior to 04/01/80 under Section 203(a)(7).
  • A person paroled at least one year under Section 212(d)(5) prior to 08/22/96.
• Victims of human trafficking
• Certain victims of domestic violence

Following are the specific “qualified” immigrant status listed by benefit program.

Click on the program to find out the status

{slide=TANF (Temporary Assistance for Needy Families) }

• If you are a Qualifying immigrant who entered US before 8/22/96 you may be eligible
• If you are a Qualifying immigrant who entered the US after 8/22/96 you are eligible only if you:
  • Were granted refugee or asylum status or withholding of deportation/removal,
  • Are Cuban/Haitian entrant, or Amerasian immigrant
  • Are a Veteran, active duty military; spouse, unremarried surviving spouse, or child
  • Have been in “qualified” immigrant status for 5 years
• If you are Not a qualified immigrant you are eligible only if you are:
  • An American Indian born abroad
  • A victim of trafficking or domestic violence and their beneficiaries
  • Receiving SSI (or the application is pending) on Aug. 22, 1996
• If your family is a mix of US citizens and unqualified immigrants, you may be able to receive help for the persons who are US citizens
  • For example your children are US citizens or Lawful Permanent Resident (LPR). You can receive TANF for your children, regardless of your immigrant status. You will still need to qualify for the program based on your income and assets.

{/slide} {slide=AABD Cash Assistance (State Aid to the Aged, blind or disabled)}

• If you are a Qualifying immigrant who entered US before 8/22/96 you may be eligible
• If you are a Qualifying immigrant who entered the US after 8/22/96 you are eligible only if you:
  • Were granted refugee or asylum status or withholding of deportation/removal. You may also be able to receive help if your SSI has been stopped due to reaching the 7 year time limit imposed by SSI.
  • Are Cuban/Haitian entrant, or Amerasian immigrant
  • Are a Veteran, active duty military; spouse, unremarried surviving spouse, or child
  • Have been in “qualified” immigrant status for 5 years
• If you are Not a qualified immigrant you are eligible only if you are:
  • An American Indian born abroad
  • A victim of trafficking and domestic violence and their derivative beneficiaries
  • Receiving SSI (or the application is pending) on Aug. 22, 1996
• If your family is a mix of US citizens and unqualified immigrants, you may be able to receive help for the persons who are US citizens
  • For example your children are US citizens or Lawful Permanent Resident (LPR). You can receive TANF for your children, regardless of your immigrant status. You will still need to qualify for the program based on your income and assets.

{/slide} {slide=Food Stamps}

• If you are a Qualifying immigrant who entered US before 8/22/96 you are eligible only if:
  • Are under age 18
  • Were granted refugee or asylum status or withholding of deportation/removal,
  • Cuban/Haitian entrant, or Amerasian immigrant
  • Have been in “qualified” immigrant status for 5 years1
  • Are receiving disability-related assistance
  • Lawful Permanent Resident (LPR) with credit for 40 quarters of work
  • Were 65 years or older and were lawfully residing in the U.S. on Aug. 22, 1996
  • Veteran, active duty military; spouse, unremarried surviving spouse, or child
  • Member of Hmong or Laotian tribe during the Vietnam era, when the tribe militarily assisted the U.S.; spouse, surviving spouse, or child of tribe member
  • Certain American Indians born abroad
• If you are a Qualifying immigrant who entered the US after 8/22/96 you are eligible only if you:
  • Are under age 18
  • Were granted refugee or asylum status or withholding of deportation/removal, Cuban/Haitian entrant, or Amerasian immigrant
  • Have been in “qualified” immigrant status for 5 years
  • Are receiving disability-related assistance
  • Are a Lawful Permanent Resident (LPR) with credit for 40 quarters of work
  • Veteran, active duty military; spouse, unremarried surviving spouse, or child
  • Member of Hmong or Laotian tribe during the Vietnam era, when the tribe militarily assisted the U.S.; spouse, surviving spouse, or child of tribe member
  • Certain American Indians born abroad
• Not qualified immigrant is eligible only if:
  • Member of Hmong or Laotian tribe during the Vietnam era, when the tribe militarily assisted the U.S., spouse, surviving spouse or child of tribe member, who is lawfully present in the U.S.
  • Certain American Indians born abroad
  • Victims of trafficking and domestic violence and their derivative beneficiaries.
    • If you are applying based on this criteria your children may be able to receive benefits, but you may have to wait until you have been a LPR for 5 years or you meet the 40 work quarter requirement.

{/slide} {slide=All Kids}

• Qualified, and un-qualified immigrants regardless of status

{/slide} {slide=Child Care}

• If you are a parent you can apply for the child care subsidy if your child is a Lawful Permanent Resident or US citizen and has a SSN.
• You can receive this help regardless of your own status.
• You must meet state income levels to qualify and your day care provider must be able to provide a valid SSN or FEIN.

{/slide} {slide=General Assistance through local townships or county offices or Transitional Assistance in Chicago-Note rules may vary among townships, so the following are general guidelines }

• If you are a Qualifying immigrant who entered US before 8/22/96 you may be eligible
• If you are a Qualifying immigrant who entered the US after 8/22/96 you are eligible only if you:
  • Were granted refugee or asylum status or withholding of deportation/removal,
  • Are Cuban/Haitian entrant, or Amerasian immigrant
  • Are a Veteran, active duty military; spouse, unremarried surviving spouse, or child
  • Have been in “qualified” immigrant status for 5 years
• If you are Not a qualified immigrant you are eligible only if you are:
  • An American Indian born abroad
  • A victim of trafficking and their derivative beneficiaries
  • Receiving SSI (or the application is pending) on Aug. 22, 1996
• If your family is a mix of US citizens and unqualified immigrants, you may be able to receive help for the persons who are US citizens
  • For example your children are US citizens or Lawful Permanent Resident (LPR). You can receive TANF for your children, regardless of your immigrant status. You will still need to qualify for the program based on your income and assets.
{/slide} {slide=Medicaid /Family Care for the adults }
• Qualifying immigrant entered US before 8/22/96 is eligible
• Qualifying immigrant who entered the US after 8/22/96 is eligible only if:
  • Were granted refugee or asylum status or withholding of deportation/removal,
  • Cuban/Haitian entrant, or Amerasian immigrant,
  • Veteran, active duty military; spouse, unremarried surviving spouse, or child
  • Have been in “qualified” immigrant status for 5 years
• Not qualified immigrant is eligible only if:
  • Receiving SSI (or application pending) on Aug. 22, 1996
  • Certain American Indians born abroad
  • Victims of trafficking and their derivative beneficiaries during the first seven years after getting status
{/slide} {slide=Education programs (Local schools and Headstart)}
• Children are able to be enrolled regardless of immigrant status
{/slide} {slide=Emergency Medicaid or due to End Stage Renal Disease (treatment in an emergency room for a life threatening health crisis)}

• This program is available to you if you are a:
  • Qualified, and un-qualified immigrants regardless of status and
  • You would be eligible for TANF, Family Care, or Medcaid based on age, blindness or disability if you were able to meet immigrant status requirements and
  • You are able to provide medical reports that verify the treatment was due to a life threatening situation and
  • The state determines you eligible for this benefit after reviewing the medical reports or
  • You have been diagnosed with End Stage Renal Disease, and you provide medical reports that prove this.
{/slide} {slide=Medicare premium buy-in (Medicare Savings Programs such as QMB, SLIB, QI-1 and Illinois Cares Rx Plus)}
• You may be eligible only if you are:
  • A Lawful Permanent Resident (LPR) who has resided continuously in the US for at least 5 years and
  • You are enrolled in Medicare
{/slide} {slide=Refugee/Asylee Assistance}
• If you are a refugee, you may be able to receive help for the first 8 months after admission to the US if you are not eligible for TANF, AABD or SSI
{/slide} {slide=School Lunch and Breakfast}
• You may be able to receive this benefit regardless of your child’s status
{/slide} {slide=Supplemental Food Program for Women, Infants and Children (WIC)}
• You may be able to receive this benefit in Illinois whether you are a Qualified, and un-qualified immigrants regardless of status. Illinois is not currently checking the status.
{/slide} {slide=SSI (Supplemental Security Income)}
• If you are a Qualifying immigrant entered US before 8/22/96 you may be eligible only if you:
  • Were receiving SSI (or the application was pending) on Aug. 22, 1996
  • Qualify as disabled and were lawfully residing in the U.S. on Aug. 22, 1996
  • Are a Lawful Permanent Resident (LPR) with credit for 40 quarters of work
  • Were granted refugee or asylum status or withholding of deportation/removal,
  • Are a Cuban/Haitian entrant, or Amerasian immigrant. You can receive help only during first 7 years after getting this status
  • Are a US Veteran who has been honorably discharged, active duty military; spouse, unremarried surviving spouse, or child of a veteran
  • Are an American Indian born abroad
• If you are a Qualifying immigrant who entered the US after 8/22/96 you may be eligible only if you:
  • Are a Lawful Permanent Resident (LPR) with credit for 40 quarters of work and are applying for SSI no earlier than 5 years after entry
  • Were granted refugee or asylum status or withholding of deportation/removal,
  • Are a Cuban/Haitian entrant, or Amerasian immigrant. You are eligible only during the first 7 years after getting this status
  • Your are a US Veteran, active duty military; spouse, unremarried surviving spouse or child or a veteran
  • Certain American Indians born abroad
• If you are Not a qualified immigrant you may be eligible only if you:
  • Were receiving SSI (or application pending) on Aug. 22, 1996
  • Are an American Indian born abroad
  • Are a Victim of trafficking or domestic violence. You and your beneficiaries may be eligible only during the first seven years after getting this status and you have at least 40 qualifying work quarters.
{/slide}



Public Charge

In addition to immigrant status affecting whether you can receive public benefits, receiving benefits themselves can result in your being considered a “public charge” and can affect your ability later to adjust your status to Lawful Permanent Resident (LPR) or US citizen. A public charge is an immigrant who is considered likely to become primarily dependant on the government for subsistence. The United States Citizenship and Immigration Service (USCIS) designate who is a public charge. Immigrants who are hoping to become Lawful Permanent Resident (LPR)s are subject to having USCIS review applications for public charge status

Benefits subject to public charge

The 1996 Personal Responsibility and Work Opportunity Reconciliation Act (PRWORA) established that receipt of public cash assistance for income maintenance could make a non-citizen a public charge. It is important to note that numerous other criteria are also applied in making this determination. Receiving the following public benefits could fall under this definition are:

• Supplemental Security Income (SSI),
• cash assistance from the Temporary Assistance for Needy Families (TANF) program and
• General Assistance
• In addition, public assistance, including Medicaid, for the purpose of providing long term care in institutions such as a nursing home or mental health institution. (Short-term institutionalization for rehabilitation is not subject to public charge consideration.)

Benefits not subject to public charge

Non-cash and special-purpose cash benefits that are not meant to be your primary source of income are not subject to public charge consideration. Programs that are “necessary for your life and safety” are not subject to public charge. Such benefits include:

• Medicaid,
• Children’s Health Insurance Program (CHIP), (In Illinois this is All Kids)
• Food Stamps,
• Special Supplemental Nutrition Program for Women, Infants and Children (WIC),
• Immunizations,
• prenatal care,
• testing and treatment of communicable diseases,
• emergency medical assistance,
• emergency disaster relief,
• nutrition programs,
• housing assistance,
• energy assistance,
• child care services,
• foster care and adoption assistance,
• transportation vouchers,
• educational assistance,
• job training programs,
• non-cash benefits funded under the TANF program
• mental illness and substance abuse treatment
• short term housing,
• food pantries and community nutrition programs
• child and adult protective services
• violence and abuse prevention

For more information about Public Charge click here

40 Qualifying Work Quarters

The Food Stamp and SSI programs have rules in place that require that a Lawful Permanent Resident (LPR) who has lived in the US must have 40 qualifying work quarters to receive the benefit. How this rule is applied varies based on the program.

Food Stamps permit you to receive benefits if you have lived in the US for less than 5 years but you are able to be credited with 40 work quarters. SSI on the other hand permits you to only receive benefits if you have lived in the US for at least 5 years, and you have at least 40 work quarters. Both programs allow the wages of a spouse, stepparent or parent to be considered toward meeting your 40 work quarters.

The following wages earned may be able to be considered to determine if you meet the 40 work quarter:

• the non-citizen; and his/her
  • parents, for earnings when the non-citizen was under age 18, including quarters worked before the non-citizen was born; and
  • stepparent for earnings when the non-citizen was under age 18 (relationship must still exist, unless relationship ended due to death); and
  • spouse, for earnings during the marriage; and
  • former spouse, for earnings during the marriage if the marriage ended by death.

Quarters for each eligible person can be added together:

Example 1: Mr. Smith is 45 and a US citizen. He has worked continuously since he was 18. Mrs. Smith married Mr. Smith 10 years ago, but entered the U.S. 3 years ago, when her visa was finally approved. Ms. S never worked outside of the home. Mrs. Smith leaves Mr. S. and applies for Food Stamps. Since Mr. Smith has worked over 40 work quarters during the marriage, Mrs. Smith is able to receive Food Stamps even though she has been in the US less than 5 years.

For more information regarding the 40 work quarters and Food Stamps click here
For more information regarding the 40 work quarters and SSI click here

If you are a victim of domestic violence, special rules may apply

Under the Violence Against Women Act (VAWA) passed by Congress in 1994, the spouses and children of United States citizens or lawful permanent residents (LPR) are able to self-petition to obtain lawful permanent residency. Other persons living in the home may also be able to apply for adjustment of status under this policy.

The immigration provisions of VAWA allow certain battered immigrants to file for immigration relief without the abuser's assistance or knowledge, in order to seek safety and independence from the abuser. Victims of domestic violence should know that help is available to them through the National Domestic Violence Hotline on 1-800-799-7233 or 1-800-787-3224 [TDD] for information about shelters, mental health care, legal advice and other types of assistance, including information about self-petitioning for immigration status.

For more information regarding USCIS process under VAWA click here.

Having a criminal record can affect your ability to collect public benefits and limit your access to housing and employment. The type of offense you committed determines the limitation.

Having a criminal record does not automatically prevent a person from receiving public benefits. It is the conviction for specific types of crimes that restrict eligibility. Even though restrictions impact the ability to receive cash and food stamp benefits, individuals may be can still be eligible for Medicaid/Family Health Plan coverage.

Click on the program to see the type of offenses that limit your access to the benefit.

{slide=Cash Assistance (TANF, GA-FCA, AABD) Restrictions}

• Convicted of a Class 1 or Class X drug-related felony that was committed after August 22, 1996. The ex-offender is cannot receive cash assistance but his/her children can receive the benefit.
• Convicted of any other type of drug-related felony, s/he is not eligible for cash assistance for 2 years UNLESS the ex-offender has completed or is in a treatment or aftercare program.
• Convicted of public benefits fraud. The individual cannot receive cash assistance benefits for 10 years starting with the date of conviction.
• Fleeing felons or probation/parole violators are ineligible for cash assistance benefits.

{/slide} {slide=Food Stamp Restrictions}

• Convicted of public benefits fraud: If an administrative disqualification hearing or court convicts the person on or after 08/22/96 of making a false statement or representation about their identity or residence and as a result the person received more than one FS issuance at the same time, the individual is banned from receiving Food Stamps for 10 years from the date of conviction.
• Feeing felons or probation/parole violators are ineligible for Food Stamps.
• All persons convicted of felonies other than listed above can receive Food Stamps.

{/slide} {slide=Unemployment Insurance Restrictions}

• Individuals who are incarcerated are ineligible
• Formerly incarcerated workers, who become unemployed and meet all requirements for UI may receive benefits
• There are no restrictions to UI based on ex-offender status. Eligibility for the benefit, however, requires job seekers to be actively seeking work, to be able and available work, to be unemployed through no fault of their own, and to have received at least $1,600 of covered employment during the first four of the last five completed quarters (with $440 earned outside the quarter with the highest earnings during that period).
• There are special programs in place to help ex-offenders.

{/slide} {slide=Housing Supports (Section 8 and other programs) Restrictions}

• Each housing authority determines its own eligibility restrictions for individuals with criminal records. Federal rules require that housing authorities implement rules targeted to specific types of offenses. Some types of offenses are: drug-related criminal activities, being classified as a sex offender and placed on the state’s lifetime registration, pattern of alcohol abuse that impacts the rights of other residents. In Chicago the CHA only considers arrests that led to conviction and persons with any felony conviction are barred from public housing for 5 years.
• Contact your local housing authority for the rules in your area. Click here for a list of Public Housing Authorities

{/slide} {slide=Child Support}

Note: it is important to know that while you are incarcerated you may be able to adjust the amount you owe in child support.

• A new child support payment order is not established while the noncustodial parent is incarcerated. However child support orders are often not suspended or reduced while the parent is in jail, resulting in the parent leaving jail with substantial additional debt.
• Illinois Department of Healthcare and Family Services policy permits a non-custodial parent to request a modification of payment amount when incarcerated. Click here to find out how to modify a child support order.

{/slide} {slide=Child Care Provider Restrictions}

Illinois Department of Human Services' Child Care program provides low-income families with access to child care. The program combines state and federal dollars and assesses parent fees to serve all working families whose incomes are below 50 percent of the state median income. Child Care program staff approves eligible clients for services and processes provider billings.

• Persons with certain convictions are unable to be paid by the state as a child care provider or are barred from employment in a day care facility. Following is a list of types of offenses:
  • Homicide (Murder, Solicitation of murder , Solicitation of murder for hire, Intentional homicide of an unborn child, Voluntary manslaughter of an unborn child, Involuntary manslaughter, Reckless homicide, Concealment of a homicidal death, Involuntary, manslaughter of an unborn child, Reckless homicide of an unborn child, Drug induced homicide)
  • Kidnapping and Related Offenses (Kidnapping, Aggravated kidnapping, Aggravated unlawful restraint, Forcible detention, Child abduction, Aiding and abetting child abduction, Harboring a runaway)
  • Sex Offenses (Indecent solicitation of a child, Indecent solicitation of an adult, Public indecency, Sexual exploitation of a child, Custodial sexual misconduct, Presence within school zone by child sex offenders prohibited, Approaching, contacting, residing, or communicating with a child within public park zone by child sex offenders prohibited, Sexual relations within families, Prostitution, Soliciting for a prostitute, Soliciting for a juvenile prostitute, Solicitation of a sexual act, Pandering, Keeping a place of prostitution, Keeping a place of juvenile prostitution, Patronizing a prostitute, Patronizing a juvenile prostitute, Pimping, Juvenile pimping, Exploitation of a child, Obscenity, Child pornography, Harmful material, Tie-in sales of obscene publications to distributors, Posting of identifying information on a pornographic internet site)
  • Bodily Harm (Heinous battery, Aggravated battery with a firearm, Aggravated battery of a child, Tampering with food, drugs, or cosmetics, Hate crime, Stalking, Aggravated stalking, Threatening public officials, Home invasion, Vehicular invasion, Drug induced infliction of great bodily harm, Criminal sexual assault, aggravated criminal sexual assault, Predatory criminal sexual assault of a child, Criminal sexual abuse, Aggravated sexual abuse, Criminal transmission of HIV, Criminal neglect of an elderly or disabled person, Child abandonment, Endangering the life or health of a child, Ritual mutilation, Ritualized abuse of a child, Felony aggravated assault, Vehicular endangerment, Felony domestic battery, Aggravated battery, Heinous battery, Aggravated battery with a firearm, Aggravated battery of an unborn child, Aggravated battery of a senior citizen, Intimidation, Compelling organization membership of persons, Abuse and gross neglect of a long term care facility resident, Felony violation of an order of protection)
  • Offenses Affecting Public Health, Safety, and Decency (Felony unlawful use of weapons, Aggravated discharge of a firearm, Reckless discharge of a firearm, Unlawful use of metal piercing bullets, Unlawful sale or delivery of firearms on the premises of any school, Disarming a police officer, Obstructing justice, Concealing or aiding a fugitive, Armed violence, Felony contributing to the criminal delinquency of a juvenile)
  • Drug Offenses (Possession of more than 30 grams of cannabis, Manufacture of more than 10 grams of cannabis, Cannabis trafficking, Delivery of cannabis on school grounds, Unauthorized production of more then 5 cannabis sativa plants, Calculated criminal cannabis conspiracy, Unauthorized manufacture or delivery of controlled substances, Controlled substance trafficking, Manufacture, distribution advertisement of look-alike substances, Calculated criminal drug conspiracy, Street gang criminal drug conspiracy, permitting unlawful use of a building, delivery of controlled, counterfeit, or look-alike substances to persons under age 18, or at truck stops, rest stops, or safety rest areas, or on school property, Using, engaging, or employing persons under 18 to deliver controlled, counterfeit, or look- alike substances, Delivery of controlled substances, Sale or delivery of drug paraphernalia, Felony possession, sale, or exchange of instruments adapted for use of a controlled substance or cannabis by subcutaneous injection, Felony possession of a controlled substance)

{/slide}

Expunging Criminal Records Expunging the records is important since individuals who have their records sealed or expunged don’t have to disclose the arrest or conviction on job applications. The process that was designed is meant to be done without needing to hire an attorney, but it may be helpful to have one since extensive information needs to be gathered. There are 2 processes, one for adult offenders and one for juvenile records.

You can obtain forms, as well as detailed information at the website for the Office of the Appellate Defender.

You may qualify for sealing or expungement of criminal records when you are:

• Arrested but never charged
• Charged but never prosecuted
• Acquitted
• Convicted but the conviction was reversed
• Sentenced to supervision, probation, or convicted of a qualifying misdemeanor
• Starting June 1, 2005, Class 4 felony drug possession and Class 4 felony prostitution convictions also qualify to be sealed 4 years after the sentence is completed.

Misdemeanors that cannot be sealed or expunged are:

• Driving under the influence
• Dog Fighting
• Assault
• Aggravated Assault
• Battery
• Domestic Battery
• Reckless Conduct
• Criminal Sexual Abuse
• Violation of an Order of Protection
• A misdemeanor violation of the humane care of animals act
• Any offense that subjects a person to registration under the sex offender registration act
• A misdemeanor violation of Article 11 of the Criminal Code of 1961 which includes Adultery, Fornication, Public Indecency, Marrying a Bigamist and or Obscenity

If you have a Juvenile Record it may be eligible for expungement if you fit one of two categories:

• CATEGORY 1: At least 17 years old and can answer “Yes” to ANY of the following questions:
  • Were you arrested and not charged?
  • Were you charged but found not delinquent (not guilty)?
  • Were you placed under supervision and, if so, did you follow all the rules of your supervision so that it was successfully terminated?
  • Were you adjudicated delinquent (found guilty) for an offense that if committed by an adult would be a Class B misdemeanor, Class C misdemeanor or a petty or business offense?
• CATEGORY 2: For incidents that do not fall into Category 1, the juvenile record may be can be expunged except for proceedings based upon (1) first degree murder or (2) sex offenses which would be felonies if committed by an adult. The individual MUST also be able to answer “Yes” to ALL of the following questions:
  • Have you had NO convictions for any crime since your 17th birthday?
  • Are you at least 21 years old?
  • Has it been at least five years since your last juvenile court proceeding was terminated?
  • Has it been at least five years since your commitment to the Department of Corrections, Juvenile Division ended?

Click here for more information.

If you need the packet and instructions for filing an expungement request please click here.