Expungement: Clear Your Record with an Illinois Attorney
Expungement can be a crucial step for those looking to clear their criminal record and start anew. Many people have criminal records that do not qualify for expungement or sealing and may not realize that seeking a pardon is an option. You must petition the office of the governor of Illinois for a pardon, also known as executive clemency. While anyone can submit a petition for a pardon, the governor has discretion in granting or denying your request. Submitting the most thorough petition possible is essential to support your request for a pardon.
Understanding Expungement and Its Impact
When facing criminal charges, your primary focus may be on immediate penalties such as time in prison, fines, or the loss of your driver’s license. However, having a conviction on your permanent criminal record can haunt you long after you finish probation, pay your fines, or get out of jail. The good news is that if you meet certain eligibility requirements, you may be able to get an expungement of your criminal record and attain a clean start. Many people fail to consider the lasting effects of a criminal record until they begin to experience them personally.
Eligibility for Expungement
Your criminal record includes court records about your criminal case’s outcome and police records about your arrest. Criminal records are accessible to the public, which includes potential employers, landlords, and academic admissions counselors. An expungement makes your record inaccessible to such parties. While not everyone is eligible for an expungement of their criminal record in Illinois, many people are surprised to learn they can clear their name and make life substantially easier. The expungement process is not simple, so it is crucial to have the help of an experienced criminal defense lawyer who understands how to obtain expungements in Illinois.
Can I Expunge My Criminal Record?
Questions about expungement are understandably common. When anyone with a past conviction hears of the possibility of having the records erased, their first instinct is to find out if their situation qualifies. A criminal record can permanently disqualify you from many types of employment and interfere with the ability to get approval for student loans or certain housing. A finding of guilty, even if not resulting in a conviction, could also negatively affect your chance to work in specific vocations like law enforcement or teaching. Upon a successful expungement, all records of the arrest are destroyed, including police reports, fingerprints, and booking photos. Your name and case number are erased from the circuit clerk’s office database as well.
The Expungement Process
To receive an expungement, you must petition the court. Once granted, your arrest and criminal record are removed from public access, and you won’t need to disclose them. While misdemeanor and felony convictions can’t be expunged, some can be sealed, making them visible only to law enforcement. The process starts with filing a complete petition and fee in the county court where your case occurred. If the state objects, your attorney can challenge the objection and present arguments for your eligibility.
Benefits of Obtaining an Expungement
As mentioned above, an arrest record or criminal conviction can affect your life in many different ways. The effects of a criminal case do not end when you complete your sentence, and many possible collateral consequences can continue for years. Having your record expunged or sealed can provide numerous benefits, including employment opportunities, housing options, and educational prospects. Employers, landlords, and educational institutions will not have access to your criminal history, making it easier for you to secure jobs, rent housing, and apply for schools or professional licenses.
Seeking Legal Counsel for Expungement
You don’t need a conviction to seek an expungement; an arrest can also limit opportunities. Expunging your arrest record can be as beneficial as expunging a conviction. Even if the arrest was a mistake, it won’t be automatically expunged—you must proactively seek it. While a defense attorney isn’t required, their help can simplify the process and increase your chances of success due to the confusing requirements.
Pardons in Illinois
A pardon petition requires you to compile large amounts of information, both personal and criminal. You may need to file supporting documents with your petition to bolster your case. Other people may provide statements to support your petition. You should always seek the assistance of an Illinois attorney who can guide you through the process of preparing a persuasive petition. After filing your petition, you will have a pardon hearing. You can testify and have others testify on your behalf, as well. If the governor grants your pardon, it will destroy your criminal record, making it unavailable to law enforcement and any parties conducting a criminal background check.
Obtain Trusted Legal Help Today!
Clearing your record demands acute attention to detail. First, you must make sure that you are eligible to have your record expunged, and next, you must ensure you file all paperwork correctly. If you fail to file the necessary paperwork, you could waste valuable time and money. Since only certain types of records and cases can be expunged, it is imperative that you speak with our DuPage County criminal defense attorneys today about the details surrounding your case. Contact Scott Kent, L.L.C., for a free consultation today at (630) 474-8000!