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Toia v. People

Case Date: 08/12/2002
Court: 1st District Appellate
Docket No: 1-00-3999 Rel

1-00-3999                                                                                                                                                 First Division      August 12, 2002

 
SALVATORE TOIA, ) Appeal from the
) Circuit Court of
              Petitioner-Appellant,  ) Cook County.
)
              v. ) No. Y2-663-369
)
THE PEOPLE OF THE STATE OF ILLINOIS, ) The Honorable
) Joseph Urso,
              Respondent-Appellee. ) Judge Presiding.

 

PRESIDING JUSTICE COHEN delivered the opinion of the court:

Petitioner Salvatore Toia appeals the circuit court's denial of his petition to expunge therecord of his 1992 arrest for driving while under the influence of alcohol (625 ILCS 5/11-501(a)(1)(West 1992)) (DUI). In denying Toia's petition, the circuit court concluded that Public Act 89-637,a 1997 amendment to section 5-6-3.1(f) of the Unified Code of Corrections (Pub. Act 89-637, eff.Jan. 1, 1997 (amending 730 ILCS 5/5-6-3.1(f) (West 1994) (specifying conditions of supervision)),specifically excluded DUI arrest records from those subject to expungement.

On appeal, Toia argues that by denying him the opportunity to expunge his DUI arrest record,Public Act 89-637 increased his punishment in violation of the ex post facto clauses of the UnitedStates and Illinois Constitutions (U.S. Const., art. I,