Tag Archives: eligible for expungement

St. Charles Illinois expungement attorney

People make mistakes, and if one or more of yours resulted in an arrest or conviction, having that stain on your criminal record can have a long-lasting effect, including a negative impact on your employability. The good news is, in some cases, you can apply for an expungement of your records. An expungement is the removal of an offense from your record. 

What Types of Cases May Be Expunged?

Your case may qualify for expungement if:

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Naperville Expungement Lawyer

Everyone makes mistakes at some point in their life, and for some, these mistakes can include breaking the law. When this occurs, you deserve a second chance. In Illinois, expungement and sealing are two ways you can get that opportunity. Expunging or sealing your criminal records lets you keep your past actions in the past and can prevent future employers from seeing any unfortunate mistake. There are limitations to what you can and cannot seal or expunge, however.

Differences Between Expungement and Sealing

While they are very similar, there are a few differences between record expungement and record sealing. If you qualify to have your criminal record expunged, the expungement will erase your arrests and/or court supervisions like they never happened. If you have your criminal record sealed, your record will be hidden from most of the public. Most employers are not able to see sealed records, though sealed criminal records will still be visible to law enforcement agencies.

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expungement, Naperville criminal defense lawyer, criminal offense, criminal record, eligible for expungementIf you were arrested for an alleged criminal offense, this arrest remains on your criminal record even if your charge is dismissed or disposed of through court supervision. This can create difficult, awkward situations later if you are subjected to a background check or asked if you have ever been arrested.

To avoid this type of situation, you can have your record expunged. Charges for certain felonies and most misdemeanors can be expunged from an individual’s criminal record. An expungement is not the same as having your criminal record sealed. If you were convicted of an offense, you cannot have the conviction expunged. You can only have your record sealed, which is a different process. Think of it as the difference between having a record erased versus having it made inaccessible to the general public. If you were arrested, but not convicted, you can have your record expunged and enjoy the following benefits:

Your Name is Removed from the Public Arrest Record

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criminal sexual abuse, driving under the influence of drugs, dui, eligible for expungement, expungement, Illinois Compiled Statute, Illinois criminal defense lawyer, Illinois law, Illinois probation, Illinois State Police, qualifying arrests, sealing criminal records, skilled criminal law attorneyThe story is common: you do something stupid and illegal in your younger years and you get caught. You go to court, you are convicted, and your criminal record has the horrible black mark from your younger indiscretions for the rest of time.

There does happen to be a light at the end of the tunnel. Illinois law provides options for getting that dreaded black mark off of your record. Illinois Compiled Statute 20 ILCS 2630/0.01 et seq. allows for qualifying arrests, supervision, and probation to be expunged.

However, there are a few exceptions under this Illinois law. The primary exception is if you have previously been convicted of a crime you are likely ineligible to have your record expunged, but you may still be eligible under the law for sealing criminal records, regardless of the outcome of the case. Nevertheless, it is important to note that only criminal records prosecuted and maintained by the state of Illinois are eligible for expungement or sealing; federal and out of state convictions cannot be sealed or expunged under the Illinois statute.

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