Expungement is a legal process in Illinois that allows eligible individuals to remove certain arrests, charges, or convictions from their criminal records. By obtaining an expungement, you can improve your opportunities for employment, housing, and education. If you have a criminal record in Illinois, it's essential to understand the eligibility requirements and the process for seeking an expungement.
Definition, Requirements, and Process
In Illinois, expungement is the removal of arrests, charges, or convictions from an individual's criminal record. Eligibility for expungement depends on the type and severity of the offense, as well as the outcome of the case.
Generally, the following types of records may be eligible for expungement:
1. Arrests that did not result in a conviction
2. Certain misdemeanor and felony convictions
3. Sentences of supervision (except for some offenses like domestic battery or DUI)
4. Cannabis possession convictions under 30 grams, if more than three years have passed
To begin the expungement process, you must:
1. Obtain your complete criminal record
2. Determine which charges or convictions are eligible
3. File a petition for expungement with the appropriate circuit court clerk
4. Attend a court hearing, if required
5. Wait for objections from law enforcement or the State's Attorney
6. Receive a court order granting or denying the expungement
If your petition is granted, the court will order the expungement of your record, and the relevant agencies will be notified to remove the eligible records from their databases.
Legal Process for Expungement Attorneys
When representing a client seeking an expungement, a criminal defense lawyer typically follows these steps:
1. Consultation: The attorney meets with the client to discuss their criminal history and eligibility for expungement.
2. Record retrieval: The lawyer obtains the client's complete criminal record from the relevant agencies.
3. Eligibility assessment: The attorney reviews the criminal record to determine which charges or convictions are eligible for expungement.
4. Petition preparation: The lawyer drafts a petition for expungement, detailing the eligible records and the legal basis for the request.
5. Filing and service: The attorney files the petition with the appropriate court clerk and serves copies to the State's Attorney and arresting agencies.
6. Court representation: If a hearing is required, the lawyer appears in court to argue on behalf of the client and address any objections from law enforcement or the State's Attorney.
7. Order and follow-up: If the expungement is granted, the attorney ensures that the court order is properly served to the relevant agencies and that the client's records are removed from the appropriate databases.
Throughout the process, the expungement attorney provides guidance, support, and advocacy to help the client achieve a successful outcome and move forward with a clean slate.