How do I vacate a conviction in Illinois?

1. You must file your petition with the clerk of the court in which you were convicted.
2. You must identify: The proceeding in which you were convicted, The date of the conviction , and.
3. The petition must state how you feel the court violated your .
4. You are generally only allowed to file one post-conviction petition.

How long does expungement take in Illinois?

From start to finish, the expungement process takes at least a few months. The state of Illinois has up to 60 days to object to your Petition to Expunge or Petition to Seal. The speed of processing within your jurisdiction can also be a factor.

When do you file a motion to vacate?

A motion to vacate must be filed within a reasonable time after the judgment was issued. Depending on the legal issue, it could range anywhere from 30 days to 1 year; check with a lawyer to ensure that your filing of the motion will be considered timely.

When to vacate an order of protection in Illinois?

If a victim feels that she is no longer in danger and wants to vacate the protective order, she can ask the court to vacate the order. However, the court is not required to do so and may, in fact, deny the request if the judge feels that the victim is still in danger.

How to file a motion to vacate an order of protection?

A motion is a document that a party to a court proceeding files with the court to ask the judge to do something. In the case of a motion to terminate or vacate an order of protection, the victim will need to prepare a document that explains why he wants to terminate the order.

What happens if I file a motion to vacate a default judgment?

If the motion is granted. If the judge decides to vacate the default judgment, the judge will issue an Order to Vacate the Default Judgment. If so, the judgment against you is removed, and the lawsuit continues.

When to file a motion to vacate a default judgment?

To vacate a default judgment, a motion must be filed within 30 days of entry of the default judgment. The court’s decision to set aside any default judgment is discretionary. 735 ILCS 5/2-1301 (e).

When to file for relief from judgment in Illinois?

Relief from judgment more than 30 days after entry of the judgment may be sought by filing a petition under 735 ILCS 5/2-1401 (“Section 2-1401 petition”). The petition for relief from judgment must be filed within two years of entry of the judgment or order. 735 ILCS 5/2-1401 (c).

How to file a section 2-1401 petition in Illinois?

A Section 2-1401 petition must allege a meritorious defense or claim, due diligence in presenting the defense or claim, and due diligence in filing the petition. Smith v. Airoom, Inc., 114 Ill.2d 209, 220-21, 102 Ill.Dec. 368, 499 N.E.2d 1381 (1986). See S. Ct. Rule 106 for procedures governing service of a Section 2-1401 petition.

When do I have to file a motion for relief?

In all non-jury cases, any party may file within 30 days after entry of the judgment or within any further time the court may allow, a motion for: Or other relief. 735 ILCS 5/2-1203 (a). Generally, when you file on time, the judge will “stay enforcement” of the judgment which means the judgment cannot be enforced for a period of time.