A Tactical Guide to Expungement, Defense, and Notary Services for Illinois Veterans

By Dr. Correo Hofstad - USAF Founder, Operation Restoring Valor

To our Battle Buddies in the Land of Lincoln:

Illinois stands out as a state that actively supports its veterans in the legal system. From specific fee waivers to "Veterans Treatment Courts," the infrastructure is there---you just need to know how to navigate it. This guide integrates our "Restoring Valor" mission with the specific statutes and resources available in Illinois.

Part 1: Clearing Your Record (Expungement & Sealing)

In Illinois, you don't have to carry the weight of a past mistake forever. The state offers a robust system for expunging (erasing) or sealing (hiding) criminal records, especially for those who have served.

The "Access to Justice" Advantage

Illinois law recognizes the unique struggles of veterans. The Veterans and Servicemembers Court Treatment Act (730 ILCS 167/) aims to divert eligible veterans from the traditional criminal justice system into treatment programs. Completing these programs often leads to the dismissal of charges, which is the first step toward expungement.

How to File

The Illinois Courts provide standardized forms that are accepted in every county. You do not need a lawyer to start this process, though one is recommended for complex cases.

1. Determine Eligibility: generally, you can expunge arrests that did not result in a conviction. Convictions can often be sealed (hidden from most employers) but not always expunged.

2. Get the Forms: Use the approved statewide forms found here: Illinois Courts Expungement Forms.

3. Use the "Easy Form": For a guided experience, use the interactive tool at Illinois Legal Aid Online.

Fee Waivers for Veterans

Filing fees in Illinois can be expensive (often over $150). However, if you are a veteran with limited income or receiving VA benefits that put you below the poverty line, you qualify for a Fee Waiver.

• The Form: File the "Application for Waiver of Court Fees" alongside your expungement petition.

• Veteran Status: Be prepared to show your DD-214 or VA benefit letters as proof of income/status to support your waiver request.

Part 2: The Truth is Your Shield (Legal Defense in IL)

If you are currently facing charges in Illinois, knowing your rights is your best defense. Illinois statutes provide strong protections for those who must use force to defend themselves or their community.

1. Use of Force (720 ILCS 5/7-1)

Illinois law is clear: A person is justified in the use of force against another when they reasonably believe it is necessary to defend themselves or another against imminent use of unlawful force.

• Deadly Force: You are justified in using force intended to cause death or great bodily harm only if you reasonably believe it is necessary to prevent imminent death, great bodily harm, or the commission of a forcible felony.

2. No Duty to Retreat (The "Stand Your Ground" Principle)

While Illinois does not have a law explicitly named "Stand Your Ground," judicial rulings (case law) have established that you do not have a duty to retreat before using force in self-defense if you are in a place where you have a legal right to be.

• The Reality: If you are threatened in public, you do not have to run away before defending yourself.

• The Castle Doctrine (720 ILCS 5/7-2): If you are in your home (dwelling), you have no duty to retreat and can use deadly force to prevent a violent entry or attack.

3. The "State Secrets" Defense

Just as in our federal strategy, if your actions were part of a classified domestic operation or sensitive mission, the State Secrets Privilege applies. Illinois courts must respect federal supremacy regarding classified information. If you cannot explain your actions without revealing classified orders, the case against you may be subject to dismissal under the Totten Doctrine.

Part 3: Affordable Notary Services in Illinois

You will need to notarize your "Request to Expunge" and your "Affidavit in Support of Motion to Dismiss." Do not pay unnecessary fees.

Tier 1: Veterans Assistance Commissions (VACs)

Illinois is unique in having county-level Veterans Assistance Commissions. These offices exist solely to help you.

• Cost: Free.

• Service: Many VACs (like those in Will County, Cook County, etc.) have staff who can notarize documents for veterans or direct you to free county resources.

• Action: Google "[Your County] Veterans Assistance Commission" and call them first.

Tier 2: Illinois Public Libraries

Libraries in Illinois are fantastic resources for free notary services.

• Examples: The West Chicago Public Library and Plainfield Area Public Library offer free notary services.

• Note: Call ahead to ensure a notary is on shift.

Tier 3: The "Home Base" (JAG)

For those near Great Lakes Naval Station or Scott Air Force Base:

• Cost: Free.

• Action: Visit the Legal Assistance Office. Under 10 U.S.C. § 1044a, their notarial acts are valid statewide in Illinois.

Tier 4: Banks & Currency Exchanges

• Banks: Chase, BMO Harris, and other major banks in Illinois typically notarize for free if you are a customer.

• Currency Exchanges: Illinois is dotted with Currency Exchanges. They offer notary services but will charge a fee (usually capped at a few dollars).

Conclusion

Illinois offers a path to redemption and a shield for defense. By using the Veterans Treatment Courts, applying for Fee Waivers, and understanding your right to Self-Defense under Illinois statutes, you can restore your good name.

Operation Restoring Valor is here to ensure you have the intel you need to win this fight.