Expunging your criminal record
Chicago Metro Area Expungements Lawyer
There are a number of reasons a person may want to expunge their criminal record:
- to obtain a better job
- to go to school
- to get a professional license
- to just clear their record
In Illinois, you can expunge most misdemeanor matters and some felony matters. If you have received supervision for a misdemeanor, it is likely you will qualify for an Expungement. If you have received expugnable probation for a felony matter, you are likely qualified for an Expungement.
There are a number of factors that will determine if you are eligible to expunge a matter from your record.
- In order to be eligible to expunge anything from your record there cannot be any pending cases. A pending case will include, but is not limited to; a case where you still have to appear in court, a case that you are still serving a sentence on, an outstanding warrant or a resent arrest.
- You cannot have a conviction on your record. Any conviction, either misdemeanor or felony, will preclude you from being able to expunge anything off your record. You may be eligible to Seal your record which will depend on a number of requirements as well.
- The charge or charges you want to expunge must be expugnable. Most felony convictions do not qualify for Expungement unless you received a special type of Probation which is expugnable. Most misdemeanor convictions do not qualify for Expungement. If you received a sentence of supervision for a misdemeanor offense, it is possible that matter will qualify for Expungement. The following offenses cannot be expunged even if you received a sentence of supervision: DUI, Reckless Driving and any sexual offense committed against a minor under 18 years of age.
- If your matter is eligible to be expunged, the proper amount of time must pass before you can expunge most matters from your record. Misdemeanors require a two to five year waiting period after successful completion of supervision. Felony Probation matters that are expugnable require a five year waiting period from the date the probation was successfully completed.
- If you meet all of the requirements to expunge a matter from your record, you will have to prepare a Petition to Expunge and file it with the Clerk of the Circuit Court in the County and Courthouse your matter was in. You will have to pay a filing fee and you may have to appear in court.
A knowledgeable attorney can assist you in a number of ways. A simple phone call to an attorney could answer a number of questions. The attorney could tell you if your matter qualifies for Expungement and explain the process for that specific jurisdiction. An attorney could handle the entire Expungement for you and all you would have to do is pay the attorney's fees and the filing fees. You would not have to worry about filling out the paperwork, making sure the paperwork is filed properly or appear in court.
If you or someone you know is in need of expungement, our Bolingbrook attorneys at Ooink Law Office can help you today. Contact us for more information on expungement.