Expungements

Clear Your Record: Illinois Expungement Attorney

If you meet certain eligibility requirements, you may be able to get your criminal record expunged and attain a clean start. 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.

Can my criminal record expunged?

Questions about expungement are very common and understandably so. When anyone with a past conviction hears of the possibility of having the records erased, the first instinct is to find out if their situation qualifies. A criminal record can permanently disqualify you from many types of employment and can also 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 certain vocations, like law enforcement or teaching.

We all deserve a second chance to move past our mistakes, and expunging your old case or cases is the best way to do that. 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 general public and even law enforcement will be unable to view your case after it is expunged.

It is important to note that you may only file to expunge cases prosecuted in the State of Illinois. Federal and out-of-state cases cannot be expunged or sealed.

Cases that may qualify for expungement include:

  • First Offender Probation for felony Possession of Cannabis / Controlled Substances
  • TASC Probation for certain felony cases
  • Misdemeanor cases where you received court supervision
  • Cases that concluded in charges being dismissed
  • Cases that concluded with a "not guilty" verdict

Illinois 2014 Expungement Law also expands to certain Class 4 felony drug offenses and Class 3 or 4 theft, retail theft, or charges of criminal damage to property. Individuals facing these charges can now receive special probation that, if completed successfully, can lead to the case being expungement.

The Expungement Process

To receive an expungement, you must petition the court. Once the court decides to remove your arrest and criminal record, you will never have to disclose your prior arrest because it will no longer be part of the public record. While you cannot get misdemeanor and felony convictions expunged, you can get some of them sealed. This means that only law enforcement personnel can see your record.

Obtain trusted legal help today!

Clearing your record demands an acute attention to detail. First you must make sure that you are eligible to have your record expunged and next you must make sure you file all paperwork properly. 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.

After we have evaluated your situation, our legal team will be able to explain to you all of your options. Call Martin & Kent, L.L.C. for a free consultation today!