Expungement in Illinois

 Posted on February 19,2014 in Expungement

Many people have likely made a poor decision or two at one point in their life. Unfortunately for some, these mistakes may have legal consequences. The good news is that in the state of Illinois, those charged with certain crimes may be able to get the charges expunged from their criminal records. As echoed in an article by World News Report, individuals in Illinois can obtain an expungement in order to avoid facing the consequences of their poor judgment for the rest of their lives.

What is an Expungement?

An expungement means that a person’s records will be sealed from public access, which means that these records will only be available to view with an order form the court.

The article further explains that in Illinois specifically, an expungement means that the records will be physically destroyed or returned to the person seeking the expungement. Further, the person’s name will be removed from any public record or index in which it may have appeared in connection with the associated charges.

Why Obtain an Expungement?

Petitioning the court for an expungement of a prior arrest or conviction is almost always advisable for those who qualify for one. Having a criminal record can affect a person’s ability to get a job, obtain a lease, or purchase a home, even if the offense occurred decades ago.

If the crime appears when an employer conducts a background check or on a landlord’s rental application, the person may be denied a job or a lease because of the conviction or arrest.

However, if that person obtained an expungement, the criminal activity would not be accessible by members of the public.

Not all Crimes are Eligible for Expungement

According to the law in the state of Illinois, certain criminal offenses cannot be expunged or sealed from public access. They include, among others:

• Sex crimes involving minors;
• Minor traffic offenses;
• Certain crimes graded as felonies.

If you or someone you know has been charged with a crime in Illinois and you have questions about your eligibility for an expungement, it is advisable to consult an experienced criminal defense attorney about your situation. An attorney can discuss the specific facts of your case with you and determine if your case is able to be expunged or sealed from public view.

If you are eligible for an expungement, a criminal defense attorney can help you file a proper petition with the appropriate court. Contact us today to discuss your case and let us evaluate whether you can benefit from an expungement.