Is a drug test required to expunge or seal your record in Illinois?
Illinois law gives people a “second chance” for certain crimes. A “second chance” in this context means that you can expunge your criminal record if you were placed on “qualified probation” such as Second Chance Probation, TASC Probation, and First Offender Cannabis, Controlled Substance, or Methamphetamine cases -often called 1410, 410, 710 probation. You must wait five years from completing your sentence to file for expungement. On the other hand, if you were convicted of a drug-related crime, you can seal, but not expunge, your record after three years of completing your sentence.
You must attach a 5-panel drug test completed within 30 days of filing either a 1) Petition Expunge for cases where qualified probation was imposed or 2) a Petition to Seal for drug convictions. The 5-panel drug test can be either a urine or hair test and screens for:
– Amphetamines (Adderall, Ritalin, methamphetamine, MDMAA)
– THC (marijuana, cannabinoids)
– Opiates (codeine, heroin, morphine, methamphetamine)
– PCP (phencyclidine, angel dust).
Without the drug test attached to your Petition, the Court will deny your expungement or sealing petition. If you are on a prescription medication that causes you to fail the 5-panel test, you must present to the Court proof of your prescription. Many labs offer the 5-panel drug test and costs under $100.00 with results completed with 1 or 2 days. Keep in mind that private and public employees and government agencies use 5-panel drug urine. Government agencies that use the 5-panel test include the DOT, FMCSA, FAA, USCG, PRA, PHMSA, and the FTA.
Due to recent changes in Illinois law, most criminal cases can be either expunged or sealed. Even cases such as voluntary manslaughter, unlawful use of a weapon (UUW), residential burglary, felony theft, and other serious cases are not eligible for sealing. The 5-panel drug test is only required for cases where “qualified probation” was imposed, and for cases that resulted in a drug conviction.
John D. Ioakimidis is an award-winning attorney lawyer with over-25 years of experience expunging and sealing criminal cases. John Ioakimidis was granted the “Top 100 Criminal Defense Trial Lawyer” award by The National Trial Lawyers, ranked as “Superb” by AVVO, the highest classification possible for any lawyer in the United States; and was awarded “10 Best Attorney for Client Satisfaction” by The American Institute of Criminal Law Attorneys. John Ioakimidis is licensed to practice law in all Illinois Courts and the United States Supreme Court. If you are looking to get your record sealed or expunged, call 312-229-5500 for a free consultation.
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