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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.

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Wheaton IL DUI defense lawyerDriving while under the influence of alcohol or drugs is extremely dangerous. According to the Illinois Secretary of State's Office, there were over 27,000 DUI arrests in Illinois in 2017. The state takes DUI arrests very seriously which is why 91 percent of people who were arrested for DUI and were eligible, lost their driving privileges. Still, the state also recognizes that people should not have to be put through months of hardship for one mistake. This is why Illinois allows certain DUI offenders to apply for one of two types of driving permits: a monitoring device driving permit (MDDP) or a restricted driving permit (RDP).

Monitoring Device Driving Permit (MDDP)

In order to apply for an MDDP, you must be a first-time DUI offender. This means you must not have received a statutory summary suspension in the past five years or have been convicted of a DUI in Illinois or any other state within the past five years. In addition, your DUI arrest must not have caused death or great bodily harm to another, and you must not have been previously convicted of reckless homicide or aggravated DUI that resulted in death.

While you have an MDDP, you must have a breath alcohol ignition interlock device (BAIID) installed into any vehicle that you drive, though you may drive anywhere at any time once you have the permit and have the BAIID installed. 

Restricted Driving Permit (RDP)

If you are ineligible for an MDDP, you may be eligible for an RDP. In order to qualify for an RDP, you must be able to prove that hardship exists. You must also provide a current professional drug and/or alcohol evaluation and, in some cases, proof of remedial education or treatment. You must also have a BAIID installed into any vehicle you drive during the length of the permit. In addition, the have an RDP issued to you, you must attend a hearing at the Secretary of State’s Office so they can determine whether there is a threat to public safety if you were issued a permit.

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Wheaton IL white collar criminal defense lawyerIf you have ever seen the movie, “The Wolf of Wall Street,” then you have some idea of what white collar crime is. When you hear the word crime, most people think of blood, dead bodies or violence. White collar crime is a type of nonviolent crime that typically does not involve any sort of physical violence. The term white collar crime was coined in 1939 and now encompasses a wide range of crimes, mostly dealing with gaining profits. According to the Federal Bureau of Investigation (FBI), white collar crimes are characterized by deceit, concealment or violation of trust. Though these crimes do not physically hurt people, they are not victimless crimes and they can destroy companies and cost people billions of dollars.

Types of White Collar Crime

There is a large variety of crimes that fall under the white collar crimes umbrella. Crimes that are considered to be white collar crimes include:

  • Corporate Fraud: One of the main areas of interest to the FBI is corporate fraud. Corporate fraud includes activities such as falsification of financial information, insider trading and other schemes that were designed to conceal corporate fraud activities and prevent them from being discovered by other governing bodies, like the Securities and Exchange Commission (SEC).
  • Money Laundering: Money laundering occurs when an individual or company conceals or disguises their profits from criminal activities to make them look like they came from a legitimate source.
  • Embezzlement: This crime occurs when a person takes personal property from someone who entrusted that property with them. Typically, embezzlement involves the misappropriation of funds and can happen in situations like when an employee finds a way to funnel company money into their personal bank account.
  • Investment Fraud: Investment fraud typically involves low or no-risk investments, overly consistent and/or guaranteed returns and complex strategies. One of the most famous types of investment frauds is Ponzi schemes. These schemes usually rely on funds from new investors to pay the debts owed to old investors.

A Wheaton, IL White Collar Crime Defense Lawyer Can Help

Among other law enforcement agencies, the FBI is the main investigating body for white collar crimes. This means that you can face federal charges for white collar crimes, which almost always carry sentences that are more strict than state charges. If you are facing charges for any type of white collar crime, a skilled DuPage County white collar crime defense attorney can help. At the Davi Law Group, LLC, we will launch a full investigation into your case so we can provide you with the best defense possible. Call our office today at 630-580-6373 to schedule a free consultation.

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DuPage County underage DUI lawyerIn the United States, drinking is a sort of rite of passage for many teenagers, though it is illegal. One of the worst things a teenager can do when they have been drinking is get behind the wheel of a car. Driving while you are under the influence of alcohol, or any other drug for that matter, is illegal for anyone, no matter your age. For those who are under the age of 21, drinking and driving is a much more serious offense, and young offenders face harsher penalties.

Zero Tolerance Laws

Most states have developed some form of zero tolerance laws for underage DUI offenders. These laws have helped underage DUI offenses become less common, but they still happen and they are still punished accordingly.

In Illinois, if a person under the age of 21 is pulled over on suspicion of intoxicated driving and their BAC is more than .00, he or she will face penalties in alignment with the zero tolerance laws. For a first offense, driving privileges will be suspended for three months for a BAC over .00. If the offender refuses to submit to a chemical test, driving privileges are suspended for six months.

Underage DUI Penalties

If a person under the age of 21 is convicted of DUI, they will receive all of the same penalties as someone who is over the age of 21. This means that for a first offense, underage DUI offenders face up to one year in prison and up to $2,500 in fines. Since they are under the age of 21, offenders will also face a minimum of two years of driver’s license revocation and will not be eligible for a restricted driving permit (RDP) until the second year of the revocation. In addition, a judge can also order an underage DUI offender to participate in the Youthful Intoxicated Driver’s Visitation Program.

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Wheaton IL juvenile charges lawyerPrior to 1899, there was no such thing as a juvenile justice system. Illinois was the first state to create a separate court that was solely for juvenile offenders. The juvenile justice system was created with the idea that the majority of children’s behavior can be changed and modified so that they can become law-abiding citizens. Though the juvenile justice system does differ from the adult justice system, juveniles retain many of the same rights as their adult counterparts.

Rights of Juveniles

The state of Illinois recognizes those who are age 17 and younger are juveniles who will be tried in juvenile court -- for most things. Children over the age of 15 can be tried as an adult for very serious crimes. No matter where a child is prosecuted, they have rights. These rights include:

  • Right to Remain Silent: Like adults, your child has the right to not self-incriminate him or herself. Your child is not required to answer any police questioning if you and/or your child’s lawyer are not present.
  • Right to an Attorney: Also like adults, your child has the right to an attorney. If your family cannot afford an attorney, a public defender will be assigned to your child’s case. The public defender assigned to your child’s case will be versed in juvenile law and will have knowledge of how the juvenile justice system works.
  • Right to Talk to a Parent or Guardian: Your child also has the right to talk to you and have you present during questioning. Before your child talks to police, police should be told by the child of the child’s wish to have a parent present, and police should be told by the child how to get a hold of you.
  • Right to Know the Charges: Your child has the right to know with what they are being charged. Police must explain the charges to your child and what crime they believe your child has committed.

Rights of Parents

In addition to children, parents who have a child who has been accused of a crime also have rights. These rights include:

  • Right to Be Notified: If your child has been arrested, you have the right to be informed as quickly as possible of your child’s arrest. Police are required to notify you as soon as your child is arrested or before your child is being questioned.
  • Right to Know Why Your Child is In Police Custody: You have the right to know why your child has been arrested and where they are being held in police custody. Police must also tell you what specific charges are being held against your child.
  • Right to Be With Your Child: As your child’s parent, you have the right to be with your child at all times during questioning. This allows you to ensure that your child’s rights are being protected and that you know what is going on with your child’s case.

Has Your Child Been Arrested? A DuPage County Juvenile Defense Lawyer Can Help

No parent wants to receive the call that their child has run into trouble with the law. At the Davi Law Group, LLC, we understand that juvenile charges can be scary for both the child and the parents. Our skilled Wheaton, IL juvenile defense attorneys will make sure we do everything in our power to protect your child’s rights and innocence. If your child is facing criminal charges, call us today at 630-580-6373 to schedule a free consultation.

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Abraham Lincoln A lawyer’s time and advice are his stock and trade. -Abraham Lincoln
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Address28371 Davis Parkway, Suite 103, Warrenville, IL 60555
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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.

 

 

 

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