Are You Eligible for an Expungement of Your Criminal Record?

 Posted on August 22, 2017 in Expungement

An arrest or conviction on your criminal record can have a dramatic impact your personal life. It can reduce your employment opportunities and may even limit your housing options. Certain charges (particularly those related to driving while under the influence) can also increase your insurance rates and may have other collateral consequences. Thankfully, you may be eligible for an expungement of your record. Learn more about this option and how an experienced criminal defense lawyer can assist with the process.

What is Expungement?

At its core, expungement is a legal process in which your criminal charge or conviction is “sealed” from the eyes of the public. It means that most employers, landlords, insurance companies, and the public are unable to see the sealed arrests, charges, and/or convictions. However, not every record, charge, arrest, or conviction can be expunged. Instead, there are certain requirements that a person must meet to have their records sealed.

Eligibility for Expungement

Most people do not realize that, in Illinois, an arrest stays on your criminal record, even if the charges are ultimately dropped. Expungement can remedy this by removing non-convictions from your record. An expungement may also be possible if your case ended in a:

• Dismissal of the charges,
• Successful completion of court supervision,
• Finding of not-guilty,
• Stricken without Leave,
• Nolle Presequi,
• Successful completion of probation or TASC probation,
• Finding of no probable cause, or
• No charges filed.

However, veterans may still be eligible for an expungement of a non-violent, non-sexual, non-gun related Class 3 or Class 4 felony conviction; this is the only situation in which an actual conviction may be expunged. 

Understanding the Process

Expungements are highly complex processes with several nuanced steps. You must also collect and submit copies of several legal documents (i.e. arrest records, court papers, etc.). Any missteps, failures, or oversights in the process can delay or invalidate the expungement. As such, it is recommended that you seek the assistance of an experienced criminal defense lawyer. Able to examine your situation and determine if you may be eligible for an expungement, your attorney can handle all the legal aspects of your case, which means you can put your time and energy into preparing for a better future.

Contact Our DuPage County Criminal Law Attorneys

At Davi Law Group, LLC, we take an aggressive approach in every criminal case. We know that your future is on the line, and our DuPage County criminal law attorneys will strive for the most positive outcome possible. Schedule a personalized consultation to learn more about how we can assist with your criminal charges or expungement case. Call 630-580-6373 today.

Source:

https://www.illinois.gov/osad/Expungement/Documents/Crinminal%20Exp%20Guide/DoIQualifytoExpungeorSeal.pdf