Hamilton & Antonsen
Removing Traffic Convictions in Will County
Joliet, Illinois Traffic Defense Lawyers – Removing Convictions from your record
Having a traffic ticket on your driving record can have consequences beyond the initial monetary fine or other associated penalties. If you were cited for a driving offense, you may be able to remove a traffic ticket from your record by filing a “Motion to Vacate.” An experienced Will County traffic ticket defense attorney can help you through this process.
How do I File a Motion to Vacate in Will County?
A “Motion to Vacate” should be filed within 30 days from the date of the traffic conviction. It is extremely important to hire a Joliet Attorney to file your Motion to Vacate within this time-frame. Should you be “outside” of the 30 day filing deadline, an experienced Will County Traffic attorney can still aide in removing your conviction.
It is very important to have a Will County lawyer assist you with this process. Your attorney will have to convince the prosecutor and the judge to vacate your traffic conviction. Even if your traffic conviction is more than 30 days old, it is still worth your time to speak with a Joliet traffic defense lawyer about your case as it may be possible to have an older traffic ticket removed from your record. You only have one chance to have the traffic conviction removed. You should always ensure that you have an experienced traffic defense lawyer on your side.
Difference Between a Motion to Vacate and an Expungement
It is important to understand that a motion to vacate is different from an expungement. To be clear, expungement is only possible when a person has criminal charges on his or her record, and the Illinois Vehicle Code clarifies that traffic ticket convictions are not criminal charges or convictions. A person who is found guilty of a minor traffic offense and pays a fine will not have a criminal record. As such, that person cannot seek an expungement. Instead, that motorist can work with a Joliet traffic defense lawyer to file a “Motion to Vacate,” which may result in the ticket being removed from the record.
Many large truck drivers who are at risk of a Commercial Driver’s License (CDL) disqualification because of the traffic ticket may be particularly interested in filing a Motion to Vacate. Having the traffic ticket removed from that driver’s record can mean the difference from being able to work and being unable to work due to CDL disqualification.