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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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Criminal records can restrict access to employment, housing, bank loans, school admission, and more. It is possible to expunge or seal these records depending on the nature of the crime. None of this will happen automatically, and you will have to work proactively with a highly-capable criminal defense attorney to ensure that your criminal record does not prevent you from enjoying certain privileges in the future.

What Crimes Can Be Sealed

Having a crime expunged from your record means that you eradicate it and it will never have an impact on you in the future. Not all crimes are eligible for this treatment, but many more are allowed to be sealed. This means that the crime in question will not be used against you in a background check and will not be available in the public record, but law enforcement will have access to your record and it will be available via court order.

If you were charged with a misdemeanor or a felony but were never convicted, you can seal your record at any moment. The exception to this rule is for minor traffic offenses, but if you were released before being charged with such, you can still seal your record.

The rest of the cases that you can seal all require that it has been at least three years since serving your last sentence. Convictions for most misdemeanors and felonies can be sealed except for a DUI, reckless driving, domestic battery, violation of an order of protection, sexual offenses, animal offenses, or any felony convictions you were charged with after already having a felony conviction sealed.

While you can seal qualifying offenses three to five years after your last sentence, an exception is made in which you can seal immediately upon completing either a high school diploma, associate’s degree, career certificate, vocational certification, bachelor’s degree, or the GED test.

Contact a Elgin Criminal Defense Attorney

If you want to seal your criminal record to protect your future, it is essential to work with an experienced Kane County criminal defense attorney. At the Law Office of Brian J. Mirandola, we have years of experience helping those formerly convicted of misdemeanors and felonies expunge and seal their records. To schedule a free consultation, call us today at 847-488-0889.

 

SOURCE:

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

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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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Aurora, IL defense lawyer

After being charged with a crime, it is important to understand the potential long-term ramifications. Outside of possible jail time, significant fines or loss of driving privileges, a misdemeanor or felony conviction can impact many aspects of your life. Many individuals with a criminal charge on their record face difficulty finding employment, securing housing, and receiving financial loans. 

Some criminal charges are eligible for expungement or a record seal, which remedy many potential complications in life. The expungement process can be complex and difficult, however, and requires the guidance of a skilled criminal defense lawyer. 

Understanding the Expungement Process 

An expungement is a court-ordered process that allows the legal record of an arrest to be erased from a person’s criminal record. Eligibility for expungement depends on the type and severity of the crime. Here in Illinois, expungement is possible in a large number of cases. If you were arrested for a misdemeanor or felony, but never convicted, you will likely be able to have the charges expunged. In other cases, you can file for expungement after completing a mandated suspension, or in the instance of a conviction reversal or dropped charges. 

If expungement is not possible, you may be able to pursue a criminal record seal. While this will not result in a complete erasure of the offense, it will ensure your record can only be viewed by law enforcement or through the court. A record seal ensures any potential employers or property managers will be unable to access the record. A criminal record seal is possible with most minor traffic offenses and felony traffic offenses that are reduced to misdemeanors. In the vast majority of cases, a felony or misdemeanor conviction can be sealed three years after completion of the sentence. 

Contact an Elgin, IL Expungement Lawyer 

If want to protect your future through expungement, the first step is to hire an adept attorney. With years of experience within the state of Illinois, Attorney Brian J. Mirandola will fight to secure your expungement eligibility. His diligent care and aggressive representation can make the difference in attaining full expungement or a criminal record seal. To schedule a free consultation with a Kane County criminal defense lawyer, contact us today at 847-488-0889. 

Sources:

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

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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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