Contact Us

Category Archives: Expungement

DuPage County expungement lawyerThere are many ways you can create a criminal record for yourself. Even if you were not tried or convicted, being arrested or formally charged with a crime creates a criminal record. Criminal records are public records, which means anyone who wants to can see them. A criminal record could be seen by your family, friends, coworkers, banks, credit agencies and current and future employers. Luckily, Illinois allows you to clear your criminal record in a few different ways. There are three types of record clearing in Illinois, and the type you utilize will depend on what you are trying to clear and the outcome of the situation.

Expungement

When most people think about clearing a criminal record, they probably think of expungement. In Illinois, expungement is the process of erasing your criminal record, so it is as if the events on your record never happened. There are limitations to what you can expunge, though. If your arrest resulted in a conviction, you are not eligible for expungement unless the convictions were reversed or vacated or you received a pardon from the governor. You are also not permitted to expunge sentences of court supervision if they are for offenses including reckless driving, driving under the influence or sexual offenses against a minor under age 18.

Sealing

Sealing is an alternate option if you do not qualify to have your criminal record expunged. Though sealing your criminal record does not completely erase your record, it does allow you to hide it from most of the public. Law enforcement agencies will still be able to see sealed misdemeanor and felony convictions. Most convictions are able to be sealed, though there are certain ones that are not eligible for sealing. Convictions that are not eligible for sealing include:

  • DUI;
  • Domestic battery;
  • Public indecency;
  • Soliciting or patronizing a prostitute;
  • Dog fighting; and
  • Any offense that requires registration under the Sex Offender Registration Act.

Executive Clemency

If you are not eligible for expungement or sealing, you may still have a chance at clearing your criminal record. Executive clemency can be granted if you apply for a pardon from the governor and he or she forgives you for your criminal convictions. Being granted a pardon does not automatically expunge your criminal record -- you must still apply for expungement if you are granted a pardon to expunge your record.

...
Continue reading

IL defense lawyerHaving a criminal record can affect various aspects of your life, including job opportunities, housing options, and even admission into many schools. Even if a charge is dismissed, it can remain on your record. Fortunately, people with criminal records have the ability to clear their record through the process of expungement.

An expungement is a court-ordered process that erases the legal record of an arrest or criminal conviction in the eyes of the law, which can vastly improve your ability to get a job, qualify for a mortgage, or gain admission to an educational institution. Once an arrest or criminal conviction is expunged, it no longer needs to be disclosed on job or housing applications by the person who was arrested or convicted. A record that has been expunged is destroyed, and it will not show up in public records inspections or background searches performed by potential employers and other companies or institutions.

Not Eligible for Expungement?

In cases where a record is not eligible for expungement, it may be eligible for record sealing. Record sealing does not erase a record the way that an expungement does, but instead keeps the record confidential. When a record is sealed, it will not show up in common employment background checks, but may be available for law enforcement and in a few other select circumstances. Various misdemeanor convictions, along with certain felony offenses, are eligible for sealing.

...
Continue reading

Illinois criminal defense attorneyAn arrest or conviction on your criminal record can have a dramatic impact your personal life. It can reduce your employment opportunities and may even limit your housing options. Certain charges (particularly those related to driving while under the influence) can also increase your insurance rates and may have other collateral consequences. Thankfully, you may be eligible for an expungement of your record. Learn more about this option and how an experienced criminal defense lawyer can assist with the process.

What is Expungement?

At its core, expungement is a legal process in which your criminal charge or conviction is “sealed” from the eyes of the public. It means that most employers, landlords, insurance companies, and the public are unable to see the sealed arrests, charges, and/or convictions. However, not every record, charge, arrest, or conviction can be expunged. Instead, there are certain requirements that a person must meet to have their records sealed.

Eligibility for Expungement

...
Continue reading

DuPage County criminal defense attorney, clearing your criminal recordIf you have a criminal record, or even a simple arrest, it may be holding you back from your life goals. You may be ineligible for a job that you would like or you may have been denied access to a rental or mortgage agreement. If you are having difficulties in everyday life due to what is being seen on your public criminal record, you may consider expunging or sealing your records.

Step by Step

The expunging and sealing laws were created in order to make clearing a record accessible to the public. Therefore, so long as you qualify based on the description previously discussed in part one of this series, and you follow the guidelines, you should not have many troubles in getting your case expunged. The steps are as follows:

  • Fill Out the Forms: There are necessary forms for filling out and filing to start the process. Each county has their own set of forms, which can be either generic or specialized. The proper forms that must be completed are the ones that belong to the county in which the charges were created. These may be obtained from a lawyer or the circuit clerk.

    ...
Continue reading

DuPage County criminal defense attorney, clearing your criminal record, expungement and sealing recordsIf you have a criminal record, you may have discovered first hand how it can affect daily activities. A criminal record may prohibit you from securing gainful employment, it may affect your dating life, and it may even impact your ability to enjoy activities with your children. There are a wide variety of reasons why you may be interested in clearing your record. However, the question remains how one goes about removing those pesky details. The answer lies within expungement and sealing.

Expungement vs. Sealing

Expungement is a the legal process of requesting that a criminal record be wiped entirely clean. If a judge approves your expungement request, and the Illinois State Police are ordered to “expunge” your record, then the Illinois State Police and the arresting agency will either return the records to you or destroy the records entirely.

If, during the court hearing, the judge orders that the record be “impounded," then the result is a bit different. While criminal records will be unavailable to the general public, for law enforcement or criminal investigation purposes, the records will still be available. This is what is known as “sealing” your record. In this circumstance, only the arresting agency will return or destroy the information. However, the records will still be available to the Illinois State Police.

...
Continue reading
Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
Warrenville Office
Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
Phone(630) 657-5052
Fax(888) 350-9195
Wheaton Office
Address1776 S. Naperville Road, Building A, Suite 105, Wheaton, IL 60189
Phone(630) 580-6373
Fax(888) 350-9195
Chicago Office
Address321 N. Clark Street, Suite 900, Chicago, IL 60654
Phone(312) 985-5676
Fax(888) 350-9195
Joliet Office
Address58 N. Chicago Street, Suite 102,
Joliet, IL 60432
Phone(815) 582-4901
Fax(888) 350-9195
Davi Law Group, LLC handles criminal law matters for clients in Chicago and throughout the western suburbs including DuPage County, Will County, Kane County, Kendall County and Cook County and the cities of Aurora, Bloomingdale, Bolingbrook, Carol Stream, Darien, Downers Grove, Elmhurst, Geneva, Glen Ellyn, Hinsdale, Joliet, Kendall County, Lisle, Lombard, Naperville, Oak Park, Oak Brook, Oswego, Park Ridge, Roselle, St. Charles, Villa Park, Warrenville, Wheaton, Winfield, Woodridge and Yorkville.

 

 

 

Chat Us Text Us