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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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