Illinois Misdemeanors

In Illinois, misdemeanors are less serious criminal offenses. Unlike felonies, misdemeanors are punishable by fines of up to $2,500, incarceration in a county jail for up to two years, or both.

What Is a Misdemeanor in Illinois?

In Illinois, misdemeanors are considered less serious criminal offenses. Unlike felonies, they can lead to fines of up to $2,500, jail time in a county facility for a maximum of two years, or both.

In Illinois, misdemeanors are categorized into three classes: Class A, Class B, and Class C, based on the severity of the offense. Unlike petty offenses, which usually result in fines, misdemeanors can lead to jail time, probation, community service, and other penalties.

Common examples of misdemeanors in Illinois include minor theft, criminal trespass, simple battery, disorderly conduct, and many first-offense DUIs.

Misdemeanor Classes and Penalties in Illinois

In Illinois, there are maximum penalties for each class of misdemeanor. However, specific laws related to offenses can change these limits:

• Class A misdemeanor: This is the most serious misdemeanor in the state. It is punishable by up to 364 days in jail and a fine of up to $2,500.
• Class B misdemeanor: This class of offense is punishable by up to 6 months in jail and up to $1,500 in fines. Probation and conditional release are limited to 2 years.
• Class C misdemeanor: This is the least severe misdemeanor in the state. Anyone guilty of a Class C misdemeanor may face up to 30 days in jail and pay a fine of up to $1,500. Probation may not exceed 2 years.
• Petty offense (fine-only): This is punishable by a fine of up to $1,000. A petty offense does not lead to incarceration unless the statute setting the penalty for the offense specifies otherwise.

Misdemeanor Court Process in Illinois

Where cases are heard. Adult misdemeanors are prosecuted and resolved in the Circuit Court of the county where the offense is filed.

Typical sequence.

1. Arrest or citation. A misdemeanor case begins with an arrest or citation. The police can either arrest someone or issue a citation, depending on the nature of the offense. Some minor or business offenses only result in a ticket.
2. First appearance/arraignment. After being booked or released on bond, the offender is required to appear in court on a specific date set by the court. During this court session, the offender's rights and charges are explained to them. A plea might be entered. If jail time is a possible punishment and the person cannot afford a lawyer, a public defender may be assigned.
3. Pre-trial. This phase includes discovery, motions, and negotiations, depending on the county and the charge. Specialty courts or diversion options may be available.
4. Plea or trial. Misdemeanor cases can be tried before a jury or a judge.
5. Sentencing. After a conviction or plea, the judge will impose a sentence within the limits of the class. Special conditions may involve probation, restitution, treatment, community service, and restrictions on licenses.
6. Appeal. In Illinois, you can appeal a judgment by filing a notice with the Appellate Court for your district.

Where time is served. Anyone guilty of a misdemeanor punishable by jail time must serve their sentence in a county jail.

Misdemeanor Records in Major Illinois Cities

Illinois does not have a single, statewide criminal case viewer that covers all counties. Instead, each Circuit Clerk offers access through portals managed by their respective counties.

• Chicago (Cook County). In Chicago (Cook County), you can use the online access pages of the Clerk of the Circuit Court, commonly known as the CCC Portal, to search for criminal cases. You can also request records or certified copies via the portal. Cook County provides instructions and forms for expungement and sealing of criminal records.
• Aurora (Kane County). In Aurora (Kane County), a Smart Search portal (eServices) is available for criminal, traffic, and civil dockets. The 16th Judicial Circuit website provides information on court dates, streaming, and links to the Clerk's office for obtaining records.
• Rockford (Winnebago County). For Rockford (Winnebago County), the Circuit Clerk has a FullCourt Enterprise public portal that allows you to look up cases, view calendars, and make payments.

In addition to county-specific sites, two cross-county tools can assist you: re: SearchIL, a state e-filing repository (coverage depends on what the clerk publishes), and Judici, a portal for participating counties. Always consider the clerk's file as the official record.

How to Search for Misdemeanor Records in Illinois

You can search for misdemeanor records in Illinois by taking the following steps:

1. Identify the county of filing. Identify the county where the case was filed. Alternatively, you can look up the Circuit Court for the county where the arrest occurred. The Illinois Courts website features a section called "Find Your Court" along with directory pages.
2. Use the county portal.

   • Cook County: Start at Case Look-Up / Online Case Information (CCC Portal). cookcountyclerkofcourt.org

   • Kane County: Use Smart Search via the Clerk’s eServices. cic.countyofkane.org

   • Winnebago County: Use FullCourt Enterprise public access. efile.wincoil.us

3. What you’ll typically see. Public information on misdemeanor cases includes the names of parties, case numbers, charges, events, outcomes, sentence details, and any outstanding balances. The Illinois Remote Access Policy limits the scanning of some documents, which must be requested from the clerk.
4. Statewide/multi-county options. If you are not sure which county to check, consider using re: SearchIL. Please note that an account is required to view records. Alternatively, you can use Judici to find out if the county is involved.
5. Paying fines or fees. County portals usually have links to payment options. For example, you can find Winnebago’s online payments and payment links for DuPage/Kane from their official clerk's websites.

How Long Does a Misdemeanor Stay on Your Record in Illinois?

In Illinois, misdemeanor convictions and their related court records can stay visible forever. However, the state has two main ways to get relief, each with different outcomes:

Expungement erases the record at the repository and court level. Generally, adult convictions cannot be expunged. Expungement is typically available for non-convictions, such as dismissals, acquittals, or nolle prosequi, and for specific outcomes specified by law.

Sealing hides the record from the public, but law enforcement still sees it. In Illinois, sealing is allowed for most misdemeanor convictions after a waiting period, usually 3 years after finishing the last sentence. Various official and practitioner resources indicate that DUI, domestic battery, certain sex crimes, violations of protection orders, or stalking cannot be sealed. Always refer to the current version of 20 ILCS 2630/5.2 because the list and timing rules are determined by statute.

Misdemeanor offenses in Illinois are serious legal issues that can affect your life in surprising ways, including fines and jail time. This could also have lasting effects on your criminal record or driver's license. If you are dealing with a misdemeanor charge, it is always a good idea to get a licensed attorney to help you.