Expungement Lawyers in Illinois

Have you been arrested for, charged with, or prosecuted for a crime or DUI in Illinois? If so, those records become part of your permanent record, which can potentially be viewed by anyone, any time. From current and potential employers, to new neighbors, to family and friends, anyone can potentially access these records. Even if your criminal or DUI case was dismissed, or if you were put under court supervision, they are there unless you take affirmative action. The next time someone runs a background check, do you want them to see everything?

Depending on the types of crimes on your record, a Chicago expungement lawyer may be able to have them permanently removed or sealed. Laws relating to expungement, record sealing, amnesty, and clemency are very complicated, and it can be difficult to decide even which cause of action applies to your specific situation. Luckily, the Law Offices of J. Samuel Worley have years of experience navigating the processes involved in clearing your name and public record.

State Expungement Laws

Expungement laws differ from state to state, so Illinois expungement laws will be different from other state laws. In addition, there is no federal expungement practice; the closest thing is a presidential pardon, though that is radically different than clearing one’s State records. Only certain kinds of crimes may be expunged, and there are still some situations where a successful expungement won’t prevent the discovery and disclosure of such records. For instance, if you’re applying for immigration, your expunged records will still be brought up. If you apply for a higher level of security clearance, you will also be required to acknowledge anything that may have been expunged, or else be denied that clearance.

Your Illinois expungement laws will also vary to some extent based on county. Cook County, Will County, DuPage County, and Kane County all have different Petitions that you may have to successfully complete and file. The Illinois expungement attorneys at the Law Offices of J. Samuel Worley, LLC will be able to complete the necessary Petitions and provide all the follow-up in order to give you the best chance to succeed. Depending on whether the State files an objection, you may or may not need to appear in court. The Illinois expungement attorneys at the Law Offices of J. Samuel Worley, LLC are experienced courtroom attorneys and will be able to appear and fight on your behalf.

What Is The Difference Between Expunging And Sealing A Record?

In general, when a Petition for Expungement is granted and an accompanying Order is issued, all records of the arrest or crime in the possession of the State will be purged and either destroyed or returned to the petitioning party. Therefore, they will not be locatable by any State or private agency with some exceptions for Federal agencies mentioned above. When a Petition for Sealing is granted, the State will be ordered to seal the record from the purview of the public, but some State agencies will still have access to the records.

What Is Expungeable Or Sealable?

Generally, any crime that a person is arrested for and/or charged with and that is dismissed by the State or otherwise acquitted is expungeable. Also, most misdemeanors that receive a disposition of supervision are also expungeable as long as all the criteria are met. On the other hand, If you have been found guilty and convicted of or received supervision for a DUI, that case is not expungeable or sealable. Some felonies are also expungeable depending on the type of crime and probation received. Some other misdemeanors convictions and felonies are sealable if they are not eligible to be expunged. An experienced expungement attorney will be able to clear up all of your confusion on these matters.

Were you found not guilty of a misdemeanor or a felony? Were charges dropped before you went to trial? Were you placed under court supervision for just a misdemeanor? Did you receive 1410 probation, 710 probation, or TASC? All of these situations make it likely for your expungement petition to succeed. Were you found guilty for a misdemeanor, placed on a conditional discharged, or sentenced to jail time or probation? Or, did you simply get a traffic ticket? These situations are usually not expungeable, but may be eligible to be sealed or pardoned.

If you have a mark on your record you’d like to get removed, talk to your Chicago expungement lawyer today for a free consultation. Email us with the form on the contact page, or call us at (312) 600-8655.