When is it smart to try to obtain a reduced charge of reckless driving from a DUI charge in court? For many clients, the optics of getting a reckless driving looks much better on their record than a DUI. But beyond how a reduced charge of DUI looks on a record, is there any instance where a DUI can be expunged after a finding of guilty? The answer is yes, a reckless driving charge can be expunged in certain circumstances.
The Illinois statute states as follows... Except as otherwise provided, the Court shall not Order... the sealing or expungement of the records of arrests or charges not initiated by arrest that result in an order of supervision for or conviction of:… Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, unless the arrest or charge is for a misdemeanor violation of subsection (a) of Section 11-503 or a similar provision of a local ordinance, that occurred prior to the offender reaching the age of 25 years and the offender has no other conviction for violating Section 11-501 or 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance.
Did you see the word UNLESS up there? This means that the Court can expunge the reckless driving charge IF it occurred prior to the Defendant reaching the age of 25 AND has no prior DUI or reckless driving arrests.
So, if you are under 25 years of age AND have been charged with a reckless driving or DUI, you NEED to contact an experienced defense lawyer to potentially set you up for an expungement of the reckless driving. Or if you have any questions about a DUI arrest in Illinois, contact John W Callahan to help defend your rights.
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