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Archive for the ‘clean record’ tag

Expungement in Illinois

February 19th, 2014 at 12:05 pm

expungement IMAGEMany 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.

What Is an Expungement and How Can You Get One?

November 22nd, 2013 at 3:30 pm

If you have a prior conviction on your record and have ever tried to get a job, you understand the problem: the employer is going to ask you if you have any convictions and you are obligated to disclose that you do. For many employers, this is a deal-breaker, and upon seeing a prior conviction, they will move on to the next candidate. This leaves you in the precarious position of not being able to obtain gainful employment, no matter how hard you try, because of a past mistake.

Expunging your record gives you a clean slate.Both conviction and arrest records are public, so potential employers can actually see if you have been arrested for an offense; even if you were not charged. Those of us who work in the field of criminal law appreciate that there is a huge difference between being charged for a crime and being convicted–police officers make errors all of the time. But potential employers are far less forgiving.

However, there is some good news. The State of Illinois understands this dilemma and has come up with a way to seal arrests and certain criminal convictions, making it so employers (and anyone who runs a background check) cannot see them. This is what an expungement is. Basically, an expungement erases your criminal records and lets you start off fresh again.

Do I Qualify for an Expungement?

Not all applicants can qualify for an Expungement based on the severity of their criminal history and the crimes contained therein. Generally, expungements are for misdemeanors and non-violent felony convictions that were committed a long time ago. To find out specifically whether you might qualify for an Expungement you should contact an expungement attorney today.

 Also, if you would like to learn more on your own, the Illinois State Appellate Defender’s website provides some helpful resources that shed light on this issue.

I Want an Expungement, What Should I Do?

If you are interested in starting fresh and getting your criminal record expunged, you should contact an experienced criminal defense firm. Here at The Law Offices of Christopher M. Cosley, we have experience in successfully getting records expunged involving DUI offenses, traffic offenses, license reinstatement, drug charges, domestic violence, and all juvenile matters.

Click here to contact The Law Offices of Christopher M. Cosley today, or call 847-394-3200 to schedule a free initial consultation and to determine if you are eligible for an expungement.

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