DuPage County Expungement Attorneys
Assisting Clients in Lombard, Bloomingdale, and Throughout Northern Illinois
Depending on the underlying offense, you may be eligible to have your criminal record sealed or expunged. Expungement is often utilized by individuals who were arrested for or convicted of a juvenile crime. Not every crime committed by a juvenile is expungeable. For example, you cannot have your record expunged for a murder, felony sex offense, or DUI conviction. However, if you were never convicted of a crime, or if the underlying offense upon which you were convicted would be a minor misdemeanor or petty offense, you should be able to have your arrest or conviction expunged.
Our criminal defense lawyers at Mevorah & Giglio Law Offices will work hard to ensure your expungement is properly requested, and we will follow up to make sure police and law enforcement officials comply with the expungement order. Call 630-932-9100 to arrange a free consultation where you can get more information about whether you are eligible for expungement and learn how you can have your record expunged or sealed.
Why You Should Have Your Record Expunged
There are many reasons you may want to expunge your criminal record, such as:
- If you were wrongly arrested or accused of a crime, and charges were dropped, or you were acquitted, you may not want to be subject to the biases of others who would perform a background check.
- If you are the subject of a police background check, having your record expunged improves your chances of not being labeled as a criminal or arrested for a similar charge based upon the arresting officer's belief you may have the propensity to commit a crime.
- Employers or prospective employers will often routinely run background checks. An expungement would ensure they are not persuaded by your past or question your veracity and character.
What Is the Difference Between an Expungement and Having Your Record Sealed?
When your record is sealed, employers and private investigators will not be able to see the content of the portion of your record that is sealed. However, law enforcement will still have access to the information, and a background check may show that you had a previous record, even if they cannot see specific information about your charges or the outcome of your case.
When your arrest or criminal record is expunged, no one, not even the police and law enforcement, will have access to your record; it is completely destroyed. In these cases, we will follow up to ensure police departments follow through on the expungement order.
The Expungement and Record Sealing Process
If you qualify for expungement because an arrest did not result in a conviction, because a conviction was later reversed, or because you received a pardon, you can apply to have these cases removed from your criminal record. If you were convicted and received a sentence of court supervision, you will usually be able to apply for expungement two years after completing your sentence. However, you will generally need to wait five years after completing a sentence of court supervision for offenses such as domestic battery, criminal sexual abuse in which the victim was over the age of 18, or driving without insurance. A five-year waiting period will also apply after completing a sentence of qualified probation. In most cases, you will qualify for criminal record sealing three years after completing your sentence.
When applying for expungement or sealing, you will need to file a petition in court. This petition will include information about your arrest and the disposition of your case, as well as other relevant information, such as drug test results, evidence that you have completed educational goals, or other details about your rehabilitation. You will then be required to appear in court before a judge, and you may answer questions about your case, provide evidence such as letters of recommendation, or respond to any objections to your request. Our attorneys can ensure that you complete all requirements when applying for expungement or sealing, and we will provide you with representation in court and help you present the best possible case for why you should be able to clear an arrest or conviction from your criminal record.
Contact a Bloomingdale Expungement Attorney
If you want to know more about your options for expungement or having a criminal record sealed, or if you need help applying for expungement or sealing, please set up a complimentary consultation by calling our office at 630-932-9100. If you prefer, you can contact us online, and we will reach out to you to schedule an appointment.