Expungement Of Your Illinois Criminal Record Could Give You A Fresh Start
A past arrest and/or criminal charge can hamper you in many ways, from your ability to find employment to your chances of obtaining a professional license or getting into the school of your choice. Thankfully, Illinois laws allow a person to have their record cleared or hidden through expungement or a similar process known as sealing. If completed successfully, these processes can give you a fresh start and remove some of the professional and social barriers you face.
When working to clear your record, it’s a good idea to seek the help of an experienced attorney like ours at Cohen, Donahue & Morales. When you contact our offices in Elgin and Palatine, our attorneys can evaluate your case to determine if you are eligible for expungement or sealing under Illinois statutes. If so, they can guide you through the entire expungement process, including gathering and filing all necessary paperwork and petitioning the court.
Frequently Asked Questions About Expungement In Illinois
You likely have a lot of questions about what expungement is and how it works. Below, we’ve provided answers to some of the most common questions asked by prospective clients. After reading, you can ask us your own questions during a free initial consultation.
What is expungement?
Expungement seals or erases a criminal record from public view. This means that once your record is expunged, it will not show up in most background checks, allowing you to move forward without the burden of a past mistake.
What is the difference between expungement and sealing a record?
While expungement completely removes the record from public view, sealing a record means that it is hidden from most background checks but still exists in a confidential law enforcement database. Both options meet the needs of most applicants (clearing a public record), but expungement offers more comprehensive relief.
Who is eligible for expungement in Illinois?
In Illinois, you may be eligible for expungement if you were arrested but not charged, if your charges were dismissed or if you were acquitted. Certain types of convictions resulting in probation and supervision might also be eligible.
However, not all offenses qualify. Records that cannot be expunged or sealed include convictions for drunk driving (DUI) and a conviction for reckless driving if you were under age 25 at the time. Offenses that cannot be sealed include most crimes of violence and most sex offenses. It’s important to discuss your options with a knowledgeable attorney.
How long do I have to wait before I can apply for expungement? How long does the process take?
The waiting period for expungement in Illinois varies depending on the type of offense and the outcome of your case. Generally, you may need to wait a few years after the completion of your sentence, probation, or supervision. For some cases, you might be able to apply immediately.
The length of the expungement process can vary, but it typically takes several months from the time you file your petition until a decision is made. Factors such as the court’s schedule and whether there are any objections can affect the timeline.
Why It Is Important To Work With A Qualified Attorney
You are not legally required to consult an attorney when seeking expungement, but most people would tell you that it is a practical necessity – or at least a wise move. Expungement laws in Illinois can be complex. Everything from eligibility to the specific procedures involved depends heavily on the details of each case. An attorney who understands the intricacies of these laws can help ensure that your petition is accurate and complete, reducing the likelihood of errors that could delay or jeopardize your case.
While no lawyer can guarantee an outcome, statistics show that individuals who work with an attorney are more likely to have their expungement petitions granted. Our attorneys’ experience and familiarity with the process can make a significant difference in achieving a positive result in your case.
Discuss Your Options With An Expungement Lawyer Today
To arrange your free consultation with one of our expungement lawyers at our offices in Elgin and Palatine, please contact us online or call 847-780-2688. We represent clients in Cook and Kane counties and throughout northern Illinois. Se habla español.