“It’s only a misdemeanor. Do I really need a lawyer?” People usually ask me that a day or two after a first arrest, while they’re still hoping the whole thing can stay small. Sometimes it can. But a misdemeanor is still a criminal case, and how it ends decides what a landlord or employer sees when they run your name years from now.
I prosecuted misdemeanor and DUI court calls for the DuPage County State’s Attorney’s Office before I moved to felonies. I know how these files come together on the State’s side, and I prepare a misdemeanor the same way I prepare any other case. From the first meeting, I’m also thinking about the end of the case: what your record will look like, and whether it can be sealed or expunged later.
Why a Misdemeanor Still Matters
Illinois sorts misdemeanors into three classes. The class sets the most a judge can impose.
| Class | Maximum jail | Maximum fine |
|---|---|---|
| Class A | Less than one year (up to 364 days) | $2,500 |
| Class B | 6 months | $1,500 |
| Class C | 30 days | $1,500 |
Most of the charges on this page are Class A. Class B and C offenses carry lighter sentences, but they still create a criminal record.1, 2, 3
For many people facing a first offense, the bigger worry is the record. A misdemeanor conviction stays on your record unless a court later seals it, and it can come up on background checks for jobs, apartments and professional licenses. Some charges carry consequences of their own, like losing the right to own a gun or a longer license suspension. Those details shape which outcome is worth working toward.
Domestic Battery and Orders of Protection
Domestic battery is a Class A misdemeanor for a first offense. A prior conviction for domestic battery or for violating an order of protection can make a new charge a felony. The first days of the case come with rules of their own. When you’re released, the judge can order you to turn in your firearms and your FOID card while the case is open.4, 5
The court can also enter an order of protection as part of the criminal case. That order can require you to stay away from the person who made the complaint, and it can bar you from your own home, even one you own or rent. Violating it is a separate crime, even if the person protected by the order invited you back. Until a judge changes the order, follow it exactly.6, 7, 8
Three rules make domestic battery different from other misdemeanors:
- Court supervision isn’t available for it in Illinois.9
- DuPage County’s Pre-Trial Diversion Program excludes domestic offenses.10
- A conviction triggers a federal ban on possessing firearms.11
Because the usual paths for a first offense are closed, I start with the evidence. I request the 911 recording and any body camera video, and I compare what was said at the scene with what’s in the report. I also look at injuries, photographs and any witnesses who were there.
Retail Theft
Retail theft is a Class A misdemeanor when the merchandise is worth $300 or less. Above $300, it’s a felony. A prior theft conviction can also turn a small case into a felony, even if the item was inexpensive.12 Because the dollar amount decides the charge, I check how the store calculated it, whether every item was counted correctly, and what the store’s video actually shows.
You may also get a letter from a law firm working for the store after a retail theft arrest, asking for money. That’s a civil demand, separate from the criminal case. Illinois lets a merchant seek the value of the merchandise plus $100 to $1,000 and fees, and the store doesn’t need a conviction to do it.13 Bring the letter to our first meeting so we can talk about it alongside the charge.
Driving on a Suspended or Revoked License
Driving while your license is suspended or revoked is a Class A misdemeanor. A conviction also adds time: the Secretary of State extends the suspension by the same length as the original one. If the suspension came from a DUI and you’ve had a suspended license case in the past 10 years, supervision isn’t available. A second offense can become a felony when both suspensions were tied to a DUI.14, 9, 14
The first thing I check is your driving record: why the license was suspended, when the suspension started and ended, and whether you were properly notified. If the suspension started with a DUI arrest, the summary suspension rules matter too. Reckless driving and other traffic charges can carry license consequences too, so I look at the whole record before we talk about any plea.
Supervision or Conviction?
Court supervision is often the goal in a first misdemeanor case. The judge defers the case and sets terms, such as classes, community service or simply staying out of trouble. When you finish them, the charge is dismissed, and Illinois doesn’t treat it as a conviction.15
| Question | Supervision | Conviction |
|---|---|---|
| How the case ends | Charge dismissed after you complete the terms | Finding of guilt and a sentence |
| Illinois record | No conviction | Conviction |
| Expungement | Usually after a 2-year wait | Not available, though most misdemeanors can be sealed |
| Federal immigration law | Counts as a conviction | Counts as a conviction |
For federal immigration purposes, supervision counts as a conviction.16 If you’re not a U.S. citizen, tell me at the start, so we can weigh every option with that in mind before anyone signs a plea.
Expungement and Sealing
Expungement means the records are destroyed or returned to you and your name is removed from the public index. Sealing keeps the records but makes them unavailable without a court order, with some exceptions set by law. Either one starts with a petition filed in the county where the case was charged.17
| How the case ended | What’s available | When |
|---|---|---|
| Dismissal, acquittal or release without charges | Expungement | Right away |
| Supervision, completed | Expungement | 2 years after it ends for most offenses |
| Misdemeanor conviction | Sealing | 2 years after the sentence ends |
Some records can’t be cleared. DUI supervision can’t be expunged or sealed. A domestic battery conviction can’t be sealed. Minor traffic offenses, like most speeding tickets, stay on the record.17 If you complete a diversion program, the petition can be filed shortly before the case is dismissed, so the two steps happen close together.
I plan for this from the first meeting, because the way a case ends decides which of these doors stays open. When the waiting period is over, the petition to expunge or seal your record goes to the Circuit Court Clerk in DuPage County.
What to Bring When We Meet
Bring whatever paperwork you have: the ticket or complaint, your release papers, any order of protection and any letter from a store. If you have a court date coming up, it helps to read about your first court date at the DuPage County Judicial Center in Wheaton. We’ll start with the date on your paperwork and work forward from there.