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aurora criminal defense lawyerJuvenile arrest and court records are automatically sealed and cannot be viewed by the general public. Employers can still access juvenile records. If a juvenile record is expunged, the record is erased. There are endless reasons why an individual may want to expunge their juvenile records. For many, having a juvenile record makes getting a job or being accepted to college very difficult. Because of the stigma associated with juvenile records, it may be in your best interest to work with a criminal defense attorney who can help you petition for expungement

What Records are Eligible for Expungement?

Petitioners attempting to expunge their juvenile records are responsible for proving eligibility. Petitioners must be at least 18 years old. Typically, violent and other serious crimes cannot be expunged.

Some of the eligible records include arrests for which no charges were brought; charges were brought but the defendant was not found guilty, or the defendant successfully completed supervision. Records may also be eligible if they include rulings for offenses that, had they been committed by an adult, would have been considered Class B or C misdemeanors, business offenses, or petty offenses.

If the petitioner’s offenses were not included in the above list, they must wait until the age of 21. At this time, their records may be eligible for expungement if no further convictions have arisen and it has been at least five years since their most recent juvenile court proceeding.

Necessary Steps To Take To Achieve Expungement

To start the expungement request, the petitioner will need a copy of their juvenile record, which will determine what needs to be expunged. Then, the petitioner should collect the name and address of each agency that was involved in the case. This may include the Illinois State Police, prosecutor’s office, and the arresting law enforcement agency. 

Furthermore, you will need to obtain a juvenile expungement packet from the court clerk’s office. The forms will need to be completed and then the original petition will need to be filed with the court, along with the Expungement Notice. Orders of expungement require a $60 payment. 

A court date will be set and attendance is required. At the court hearing, any objection will result in a hearing. Otherwise, the court-signed expungement orders will be sent to each involved agency. The involved parties have 45 days to object to the petition. If there is an objection, a hearing will be scheduled. 

To make the final determination, a judge will need to consider any existing objections and establish eligibility. Other factors that will be considered before approving the expungement include any reasons law enforcement may not want the records erased, the petitioner’s age, and criminal record (adult and juvenile).

If the request is approved, the Circuit Clerk will notify the involved agencies who will then have 60 days to expunge the records. However, if the petition is denied, the petitioner does have the choice to file a Motion to Reconsider within 60 days of the denial or they can also bring the case to the Illinois Appellate Court. 

Contact Our Aurora, IL Criminal Defense Attorneys

While juvenile records are generally treated confidentially and are not readily available to public entities, it is possible for certain employers and colleges to access the records for decision-making purposes. 

At The Law Office of Brian J. Mirandola, the criminal defense team has extensive experience guiding their clients through the criminal record process and helping them to achieve a fresh start. Contact our Kane County criminal defense attorney today to schedule a free consultation by calling 847-488-0889.

 

Sources:

https://www2.illinois.gov/osad/Expungement/Documents/Juvenile%20Exp/Instructions_Juv_Exp.pdf

 

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IL defense lawyerIn Illinois, depending on whether you qualify, you can have criminal arrests expunged from your criminal record and other public data. To qualify, you and your crime(s) must meet specific and stringent requirements for expungement. For instance, in order to qualify for an expungement, you must not have been tried or convicted despite being arrested. Criminal offense convictions and major traffic offenses, among other charges, would preclude you from expungement. Regardless, if you are able to get an expungement, here are some of the greatest benefits of doing so.

Why You Should Get an Expungement in Illinois

Essentially, getting an expungement will prevent the public from catching a glimpse of your prior adverse interactions with the law. By expunging certain criminal arrests, you enable yourself to have a better future. For instance, in seeking and receiving an expungement, you will improve your life situation in all the following ways:

  • Employment Opportunities—Prospective employers will not be able to see criminal arrests on your public records. This will prevent them from being biased against you and showing distrust of you as a potential employee simply because you made a bad decision or two.
  • Financing—It will be easier to obtain loans and other financial opportunities if you have criminal records expunged. In fact, some lenders might view you as so much more trustworthy without knowledge of your past brush-ups with the law that they might even give you a better rate on your loans or credit cards.
  • Homebuying or Apartment Renting—Mortgage lenders and landlords need to know how trustworthy you are and whether you will be able to pay the monthly mortgage or rent. If they suspect you merely came close to breaking the law and being convicted of such, they could deny you housing.
  • Removal from Federal Records—When you get an expungement, you are not just removing your criminal arrests from your local and state records; you are removing them from your federal records as well. This will greatly benefit you should you choose to move to a different state. The expungement will follow you across the country, helping to give you more opportunities across the nation.
  • College Admission—As an adult or even a juvenile with criminal arrests on your public records, you risk undergraduate, graduate, and community colleges viewing you negatively enough to reject your applications to their schools. This will certainly hamper any dreams you have of getting involved with specific professions or other positive results from educational opportunities.
  • Firearm Purchasing—In Illinois, you cannot legally obtain a gun if you have a criminal conviction, such as prescribed offenses like those that are violent or sexual in nature. While that might not prevent you from getting a gun if you were not convicted of a crime, simply having an arrest on your criminal record can make firearm dealers less likely to let you purchase a gun as they will view you as someone who might get them entangled with the law in negative ways. An expungement would prevent these issues.

Contact an Elgin IL Expungement Lawyer

When you are struggling to attain employment, find proper housing, get admitted into college, or do numerous other things because of your criminal record, you might want to consider having those criminal arrests expunged from your records. Reach out to a Kane County criminal defense attorney at 847-488-0889 for a free consultation to help you figure out your best options, be them expungement or record sealing. The experienced professionals at the Law Offices of Brian J. Mirandola have the background necessary to help you move on from those criminal charges and jumpstart your future.

 

Sources:

https://www2.illinois.gov/osad/Expungement/Documents/Adult%20Exp/ExpungementSealing_Instructions_Approved.pdf

https://courts.illinois.gov/forms/approved/expungement/ExpungementSealing_GettingStarted_Approved.pdf

https://www.chicagotribune.com/opinion/editorials/ct-gun-laws-loophole-edit-1022-md-20161021-story.html

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Posted on in Expungement

IL defense lawyerExpungement is when Illinois government erases criminal charges from a person’s record. This is different from sealing which is when the charges are simply hidden from public view but still exist.

Not all crimes are qualified to be expunged and not every person has the ability to petition for an expungement. It boils down to the type of crime as well as the number of charges already against the person petitioning to expunge a crime.

Understanding the Expungement Process

The first step in getting a charge erased from a personal record is to determine whether or not the charge is qualified to be expunged. Also, a person must find out if they are a candidate that is able to petition for an expungement.

Factors that could keep a person from expungement include the amount of time that has passed since the crime was committed as well as the person’s citizenship status.

Once it is decided that a crime is eligible for expungement, the petitioner should:

  • Collect copies of the criminal record
  • Fill out the appropriate forms
  • File the forms with the Illinois Circuit Clerk
  • Attend court hearing with all relevant material
  • If the petition is denied, ask for reconsideration

 A crime will most likely be expunged if the person has no prior history of criminal behavior. It is also good to have evidence such as proof of completion of a drug program or a letter of recommendation from someone who can show the court that the petitioner is not likely to repeat their offense.

What Crimes Can and Cannot Be Expunged?

Illinois does not allow every crime to be expunged from the record and it is wise to know whether a crime can be expunged before going through the process. This eliminates disappointment later on when the petition is denied.

Crimes that cannot be expunged include:

  • A federal conviction outside of Illinois
  • Minor traffic offenses
  • Convictions for misdemeanors or felonies
  • Court supervision that was not completed
  • Court supervision for reckless driving or DUI
  • Court supervision for sexual abuse of a minor

Arrests made for a misdemeanor or felony crimes which did not lead to conviction are eligible for expungement along with:

  • Convictions of a misdemeanor or felony charges which were reversed or pardoned
  • The petitioner is an honorably discharged veteran
  • Sentences for supervision if the waiting period has passed
  • Sentences of qualified probation if five years have passed

Contact an Elgin, IL Expungement Lawyer

It can be an overwhelming process to petition for expungement. Hiring a lawyer from the Law Offices of Brian J. Mirandola can help alleviate confusion and help you figure out if your crime is eligible for expungement. Our lawyers can also represent you when you go to court and fight to clear your record. To schedule a free consultation with a Kane County expungement lawyer, call our office at 847-488-0889.

 

Sources:

https://www.illinoislegalaid.org/legal-information/criminal-offenses-can-be-expunged-or-sealed

https://www.illinoislegalaid.org/legal-information/starting-case-expunge-or-seal-criminal-record

https://www.illinoislegalaid.org/legal-information/expunging-or-sealing-criminal-record

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Posted on in Expungement

Expungement, Elgin criminal defense attorneyIf you have ever been arrested on the suspicion of a crime, your arrest becomes part of your permanent criminal record, even if you never convicted. Potential employers, financial institutions, and even educational admissions officers could conduct background checks when you apply for a job, loan, or school program. Even just a single arrest in your history could lead to uncomfortable conversations and embarrassing questions long after the incident itself has been all but forgotten. Depending on how your case was resolved, however, your arrest may qualify to be expunged or removed from your permanent record. Thanks to a new law that became effective this year, more individuals than ever before could be eligible to restore lost opportunities by clearing their record.

What Is Expungement?

When an arrest is expunged, it means that all physical and digital records related to that arrest and subsequent prosecution are destroyed, deleted, or otherwise rendered inaccessible. An expunged arrest essentially never happened, and the arrest cannot be seen on background checks conducted for any purpose. Removing an arrest from one’s record can obviously be a tremendous help to that person’s future.

In Illinois, an arrest is only eligible to be expunged if it did not result in a conviction. An expungement may also be possible for certain arrests that resulted in court supervision or probation, as long as the requirements set forth have been successfully completed.

Old Law vs. New Law

Prior to 2017, the law in Illinois prohibited individuals with a prior conviction from seeking an expungement for any other arrest. This meant that if you had ever been convicted of a crime—other than a minor traffic offense—you could never have any other arrests expunged. Your application would be immediately rejected. As one might expect, this limitation eliminated expungement as an option for thousands of people, many of whom may have committed their indiscretion decades ago.

Beginning this year, however, the application requirements were amended to allow individuals with prior convictions to seek an expungement. Of course, the other eligibility criteria must still be met, and the expungement will not apply to the offense that resulted in the conviction.

Let Us Help

If you have questions about getting an arrest permanently removed from your criminal record, an experienced Kane County expungement attorney can help you explore your options. We will review your case and work with you in determining your eligibility for restoring future opportunities. Call 847-488-0889 for a free consultation today.

Source:

https://www.illinois.gov/osad/Expungement/Pages/Expungement-and-Sealing-General-Information.aspx

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Posted on in Expungement

criminal history, background, Elgin expungement attorneyIf you have ever been arrested, regardless of the outcome, details of the arrest are probably still on your criminal record. Even if your criminal history can be summarized by "college kids doing stupid college stuff" and you were never convicted, prospective employers and other entities may find the records during a routine background check, potentially causing you problems that you never saw coming. Fortunately, there is an option available to many individuals that can help provide a fresh start, allowing them to put the past behind them once and for all.

Get a Copy of Your Rap Sheet

Many believe that the term rap sheet originated as an acronym for a Record of Arrest and Prosecution sheet. It seems, however, that the reverse is actually true, and that the phrase developed from street slang, and convenient acronym was, in a manner of speaking, retrofitted. Whatever the origin, it is important to be aware of every item on your criminal history. To do so, you will need to request a copy of all applicable rap sheets, including from local, state, and federal agencies, depending on your circumstances.

While you should certainly consult with your attorney in the process, you will be required to appear on your own behalf to receive a copy of your rap sheet from local police departments. If you have ever appeared in court or entered a plea in any case, it is also important to get a copy of all dispositions. You should also contact the Illinois State Police to review your records from across the state.

Review Your Record Carefully

Once you have obtained a copy of all of your available arrest records, go over them in fine detail to ensure they are completely accurate. Be sure that all of the included details actually represent what took place and when. If your record contains entries that you know or strongly to believe to be inaccurate, notify your attorney immediately to learn more about your options in getting them removed.

Expungement or Record Sealing

If your criminal history contains arrests and no convictions, including guilty pleas, you are probably eligible to have your record expunged. Expungement may also be available for certain misdemeanor convictions, but the exceptions are very limited. When your records are expunged, they are completely removed from your background and any paper files are physically destroyed by court order. Employers and others conducting background checks will no longer be able to find any trace of expunged arrests.

For those who do not qualify for expungement, record sealing may be an option. Those who have been previously convicted of crimes may be able to have their criminal records sealed. While not as thorough as expungement, record sealing makes the details of your arrests and convictions available only to law enforcement and other related agencies. Employers and private individuals will not be able to see the contents of your record.

To learn more about expungement and record sealing in Illinois, contact an Elgin criminal defense attorney today. At the The Law Office of Brian J. Mirandola, we have helped many clients create a more promising future for themselves, despite the existence of a criminal history. Call 847-488-0889 to schedule a free consultation at one of our two convenient office locations. We look forward to serving you.

Sources:

http://www.illinoislegalaid.org/index.cfm?fuseaction=home.dsp_content&contentID=4926

http://www.saferfoundation.org/files/documents/HowtoObtainConvictionRecord.pdf

http://www.illinois.gov/osad/expungement/documents/crinminal%20exp%20guide/expungementsealingoverview.pdf

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