Faqs
Civil Rights
What Are Examples of Civil Rights Violations?
- Unreasonable searches and seizures.
- Cruel and unusual punishment.
- Losing a job or being passed over for a promotion due to discrimination.
- Abuse by a public official.
- Any discrimination based on a superficial quality or belief.
Who protects our civil rights?
Civil rights are personal rights guaranteed and protected by the U.S. Constitution and federal laws enacted by Congress, such as the Civil Rights Act of 1964 and the Americans with Disabilities Act of 1990.
What are example of Civil Rights?
- Freedom of speech. Freedom of the press.
- Freedom of religion.
- Freedom to vote.
- Freedom against unwarranted searches of your home or property.
- Freedom to have a fair court trial.
- Freedom to remain silent in a police interrogation.
What is a 1983 claim against police?
1983, that allows people to sue the government for civil rights violations. It applies when someone acting ‘under color of’ state-level or local law has deprived a person of rights created by the U.S. Constitution or federal statutes.
What are some examples of discrimination in the delivery of services?
An example would be the failure of a funded correctional facility to provide interpreter services to hearing-impaired inmates. Another example would be a funded police department’s practice of stopping and interrogating, without cause, all Hispanic males driving on a particular highway.
Expungements
What are the options to clear my criminal record in Illinois?
There are 3 ways to clear your criminal record:
- Expungement: Erases arrests and court supervisions from your criminal record so it is like they never happened. Qualified Probations are only sealed by the State Police but are erased by the arresting agency.
- Sealing: Hides your criminal record from most of the public. Law enforcement agencies can still see sealed records. Employers required by law to conduct background checks can see sealed felony convictions. They cannot see sealed misdemeanor convictions or cases not resulting in convictions unless the employer is a law enforcement agency.
- Executive Clemency: If you do not qualify for expungement or sealing, you can apply for a pardon from the Governor forgiving you for your criminal convictions. A pardon does not erase or hide your conviction on its own. If you get a pardon authorizing expungement, you can then apply to have your record expunged.
What stops me from having my criminal record expunged?
- Any pending criminal charges; OR
- Any sentences you have not yet completed, including parole, probation, or court supervision; OR
- Any eligible court supervisions and qualified probations where the waiting period for the offense has not yet passed.
Who qualifies for expungement?
- If your criminal record has arrests and charges, supervisions or qualified probations that were completed successfully, you can apply to have those criminal records expunged (erased).
- If there are any convictions on your criminal record that are not eligible for expungement, you can apply to have eligible records sealed.
Do records of a felony go away?
The following types of arrests, charges, and sentences on your criminal record cannot be sealed.
Convictions and supervision for these misdemeanors and felonies:
- Minor Traffic Offenses
- Driving Offenses
- Domestic Battery
- Sexual Offenses
- Violation of an Order of Protection, Civil No-Contact Order, or Stalking No-Contact Order
- Animal Offenses
- New felony convictions after you already had felony convictions sealed.
PLEASE NOTE: A new felony conviction after your sealing may result in the unsealing of your past felony convictions.
Violent Crimes
What is the penalty for armed robbery?
Armed robbery is a Class X felony with varying penalties based on the subsection of the law that is violated.
A violation of subsection (a)(2), when ‘he or she carries on or about his or her person or is otherwise armed with a firearm’ is a Class X felony for which 15 years shall be added to the term of imprisonment imposed by the court.
A violation of subsection (a)(3), when ‘he or she, during the commission of the offense, personally discharges a firearm’ is a Class X felony for which 20 years shall be added to the term of imprisonment imposed by the court.
A violation of subsection (a)(4) when ‘he or she, during the commission of the offense, personally discharges a firearm that proximately causes great bodily harm, permanent disability, permanent disfigurement, or death to another person.’ is a Class X felony for which 25 years or up to a term of natural life shall be added to the term of imprisonment imposed by the court.
Is arson a felony in Illinois?
Yes. Arson is a Class 2 felony. Residential arson or place of worship arson is a Class 1 felony. Aggravated arson is a Class X felony.
Is "car jacking" a serious crime?
A person commits vehicular hijacking (car jacking) when he or she knowingly takes a motor vehicle from the person or the immediate presence of another by the use of force or by threatening the imminent use of force. Vehicular hijacking is a Class 1 felony.
Federal Crimes
Where are federal cases tried in Chicago, Illinois?
Federal criminal cases in Chicago are heard in the United States District Court for the Northern District of Illinois, Eastern Division, at the Everett McKinley Dirksen United States Courthouse, 219 South Dearborn Street, Chicago, IL 60604. The Eastern Division covers Cook County and surrounding counties, including DuPage, Lake, and Will.
What is the difference between the U.S. Attorney's Office and the state prosecutor’s office?
The U.S. Attorney’s Office represents the United States in federal cases, meaning they arise from federal law created by Congress. These cases are heard in federal courthouses throughout the country. State and local prosecutors (whether the district attorney, county/city prosecutor, or the state attorney general’s office), by contrast, represent the state for cases arising under state law, created by each state legislature. Occasionally, federal and state law may overlap in a certain area, allowing both federal and state prosecutors to pursue the case.
What are the federal prisons in Illinois?
- Chicago MCC
- Chicago RRM
- Greenville FCI
- Marion USP
- Pekin FCI
- Thomson USP
DUI Charges
What are the legal (or illegal) Blood Alcohol Content (BAC) levels in Illinois?
Drivers under age 21 …………………………………………………………………….. .00
School bus drivers ………………………………………………………………………… .00
Commercial driver’s license holders ……………………………………………… .04
Drivers age 21 and over ………………………………………………………………… .08
Is my license suspended when arrested for DUI charge?
If the driver refuses to submit to or fails to complete chemical testing, a statutory summary suspension will be imposed. If the driver is a first-time DUI offender, he/she may be eligible for a Monitoring Device Driving Permit. If the driver is a repeat DUI offender, he/she may be eligible for a Restricted Driving Permit (RDP).
How much will it cost me if I'm convicted of a DUI?
The total Average Cost of a DUI Conviction in Illinois is $18,130.
Are parents and/or legal guardians responsible for a minor with a DUI in Illinois?
It is illegal for parents or legal guardians to allow persons under age 21 to consume alcoholic beverages on their private property, or on any property under their control or any vehicle or water craft under their control by either allowing the consumption of alcohol or by failing to control access to the alcohol.
Drug Crimes
What drugs have mandatory minimums?
- LSD: 1 gram
- Marijuana: 100 plants/100 kilos
- Crack cocaine: 5 grams
- Powder cocaine: 500 grams
- Heroin: 100 grams
- Methamphetamine: 10 grams
- PCP: 10 grams
What is considered a serious drug offense?
An offense under State law, involving manufacturing, distributing, or possessing with intent to distribute, a controlled substance (as defined in section 102 of the Controlled Substances Act (21 USC 802).
Is drug possession a federal crime?
Possession, use, or distribution of illicit drugs is prohibited by federal law. Strict penalties are provided for drug convictions, including mandatory prison terms for many offenses.
What is a Schedule 1 charge?
Schedule I drugs, substances, or chemicals are defined as drugs with no currently accepted medical use and a high potential for abuse. Some examples of Schedule I drugs are: heroin, lysergic acid diethylamide (LSD), marijuana (cannabis), 3,4-methylenedioxymethamphetamine (ecstasy), methaqualone, and peyote.
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