Motion to Vacate Ex Parte: What It Means and How to Do It

What Is an Ex Parte Conviction? 

 An ex parte conviction occurs when a conviction is entered against you because you failed to appear in traffic court for your scheduled hearing. In simpler terms, if you don’t show up to court for your traffic ticket, the judge can enter a guilty finding in your absence—this is known as an ex parte conviction.

These types of convictions are typically entered for petty traffic offenses, not for misdemeanor violations. If you miss court on a misdemeanor traffic ticket (such as aggravated speeding or driving on a suspended license), the court will likely issue a bench warrant for your arrest instead.

Once the ex parte conviction is entered, it gets reported to the Illinois Secretary of State, and the violation is added to your driving record as a conviction—just as if you had appeared and pleaded guilty. 

So Why Does It Matter? 

Ex parte convictions can have serious consequences—and you want to avoid them at all costs. Here’s why:

Let’s say you were cited for two petty tickets—such as speeding and disobeying a traffic control device—and you miss your court date. The judge can enter ex parte convictions on both. These convictions will now appear on your driving record. If you’re under 21, just two convictions within a 24-month period will automatically suspend your license. The convictions on these two particular tickets will suspend you.

If you’re 21 or older, accumulating three moving violation convictions within a 12-month period can result in a driver’s license suspension. That means missing court and receiving ex parte convictions for two traffic tickets will bring you close to losing your driving privileges. And if you’ve already had prior convictions within the past 12 months, those two additional convictions will trigger a suspension
 

It gets even more serious if you hold a Commercial Driver’s License (CDL). A single moving violation entered as a conviction can trigger a cascade of issues, including increased insurance, job loss, or disqualification of your CDL entirely.

Some offenses—like a no insurance ticket—will automatically suspend your license upon conviction. Simply put, ignoring your court date isn’t worth the risk

 I Missed Court. Now What? 

 If you’ve missed court and received an ex parte conviction, you still have options—but time is critical.

You have 30 days from the date the conviction was entered to file a motion to vacate the judgment. If it has been more than 30 days since the conviction was entered, vacating it becomes more difficult—but not impossible. In such cases, it helps to have a strong reason for why you missed court and why it took longer than 30 days to bring the case back onto the docket. 

The Motion to Vacate Ex Parte is a formal request to the court to undo the conviction and bring the case back on the docket.

Here’s how to proceed:

• You can file the motion yourself by visiting the Circuit Clerk’s Office in the county where your case was heard. 
• Some courthouses, like DuPage County, provide pre-filled “Motion to Vacate Ex Parte Conviction” forms to make the process easier.
• Alternatively, you can hire a traffic attorney to file the motion on your behalf and represent you in court.
• You must notify the prosecuting attorney’s office (such as the State’s Attorney or village prosecutor) when you file the motion.
   

Once your motion is granted, your case will be reopened, and you’ll have the opportunity to defend yourself, seek court supervision, or negotiate a more favorable outcome. Upon the motion being granted, the conviction is vacated. After the conviction is vacated, the circuit clerk will provide you with a disposition report indicating that the conviction has been set aside. You can then mail this report to the Illinois Secretary of State to begin the process of reversing any license suspension that may have resulted from the ex parte conviction.

Contact Us

Missing court isn’t the end of the road—but acting fast is crucial. Ex parte convictions can have long-lasting effects on your license, insurance, and even your job. Whether you’re dealing with a petty traffic ticket or you’re a CDL holder, don’t let a missed court date snowball into a bigger problem. Know your rights, and take action quickly. Contact our firm to help you vacate your convictions.