Frequently Asked Questions: Where do I file my petition? The Petition must be filed in the county where you were arrested or where the charge was brought. How much does it cost? Getting your record expunged or sealed will cost you a filing fee at the courthouse plus $60 for the Illinois State Police. Some local law enforcement agencies may also charge a processing fee. Filing fees vary from county to county. Page 6 How long does it take? At least a few months. The State gets 30 days to object to a Petition to Expunge. For a sealing petition, the State gets 90 days to object. How long your case will take also depends on the size of the jurisdiction you are in, whether there is an objection to your Petition and how long it takes to get your case on the docket. If the judge orders your record expunged or sealed, it can take up to 3 months for the State Police to process the order. What is a pardon? A pardon is a type of executive clemency granted by the governor. It is considered to be an extraordinary remedy and is rarely granted. It only applies to cases which have resulted in a conviction. For more information, contact the Prisoner Review Board (even if you never went to prison) at (217) 782-7273. What is the difference between expunging and sealing? Here are working definitions: Expunged: the agencies will destroy their record or remove all mention of your name from the public record. Sealed: your file remains intact but under seal. The records can be labeled as “sealed.” Most of the general public will not have access to the contents of the record. However, law enforcement will still have access to your records. Do I need to get a copy of my record? Yes. Some jurisdictions require you to attach your record, or your “rap sheet,” to your petition. Also, you should check your record for accuracy. FAQs, continued Page 7 I was found not guilty. Do I still need to have my record expunged? Yes. Your criminal record contains all your arrests, whether you were found guilty or not. I was pressured into pleading guilty even though I was innocent. Isn’t that a reason to expunge? No. Once you pleaded guilty, any presumption of innocence was waived. What is a conviction? Any finding of guilt which results in regular probation, conditional discharge, fine, time served or sentence of incarceration. What is NOT a conviction? Supervision, Nolle Prosequi (NP), Stricken Off with Leave to Reinstate (SOL), No Probable Cause Found (FNPC), Dismissed, Not Guilty or successful completion of special first offender drug probation or TASC probation. FAQs, continued: Page 8 Once my record is expunged or sealed, do I have to tell employers about it? No, and it is against the law for employers or potential employers (except those specifically allowed by law) to ask you whether you ever had any records expunged or sealed. BUT if you have filed for your record to be expunged or sealed and the court has not ruled on it yet, you still have to disclose your criminal history on a job application if you are asked. How will I know when it is expunged or Sealed? You will get a response in the mail from the Court, the arresting authority and/or the Illinois State Police. Once my record is expunged or sealed, do I have to disclose it when I get an occupational license or certificate? No, unless the law requires it. A list of regulated licenses in the State of Illinois can be found at the Illinois Department of Financial and Professional Regulation’s website: http://www..idfpr..com My case can be both expunged and sealed. Can I seal it now and expunge it later? Yes. What if my petition is denied? You can do one of two things. Within the first 30 days after your Petition is denied, you can petition the judge to reconsider, or you may file a Notice of Appeal and take your case to the Appellate Court. The circuit clerk should have those forms. FAQs, continued: Page 9 Myth: “After several years, my record is automatically expunged.” Truth: There is no such thing as an “automatic” expungement. Once you get arrested, you will have an arrest record, even if you were never charged, or if the case was dismissed and even if you were found not guilty. Myth: “All non-violent felonies can be expunged or sealed.” Truth: The vast majority of felony convictions cannot be expunged or sealed. The only exceptions are simple Class 4 drug possession and prostitution. For all other felony convictions, you will need to get a pardon and an expungement from the governor. That information is available from the Prisoner Review Board at (217) 782-7273 or at: http://www.state.il.us/prb/prbexclemex.htm Myth: “My case was dismissed so there isn’t anything to expunge.” Truth: Once you are arrested, you have a record. If you want the record of your arrest expunged, you must be proactive and take it upon yourself to expunge the record. Myth: “I was wrongly arrested to begin with and I shouldn’t have to pay the filing fee to get my arrest expunged.” Truth: The Criminal Identification Act makes no distinction between “good” arrests and “bad” arrests. It specifically states that “a person whose records have been expunged or sealed is not entitled to remission of any fines, costs, or other money paid as a consequence of the sealing or expungement.” 20 ILCS 2630/12(b). If you feel that you were wrongly accused or charged, you should contact an attorney regarding the issue. Misconception: “They told me that if I completed my supervision, I wouldn’t have a record. So how come I still have a record?” Truth: You were likely told that you wouldn’t have a conviction on your record. Supervision is not considered by the courts to be a conviction, so if you completed it, you don’t have a conviction on your record. However, you still have a record–namely, the arrest and the charges. The most common myth about expungement is that your record will automatically “go away” after time. Unfortunately, this simply is not true. Once you are arrested, you have a record. This is so even if your case was dismissed, or if you received supervision or if you were found not guilty. Fair or not, the burden is upon you. You have to take the steps necessary to have your record expunged or sealed. COMMON MYTHS AND MISCONCEPTIONS ABOUT EXPUNGEMENT Page 10 Myths and Misconceptions, continued: Misconception: “The Circuit Clerk’s office was supposed to help me. But when I got there, they wouldn’t answer my questions about the forms or help me fill them out.” Truth: The Clerks Act absolutely forbids any clerk from giving legal advice. Legal advice includes telling you whether you qualify for an expungement or a sealing and how to fill out the forms. The clerks CAN tell you what is in your court file, including the disposition of your case, as well as local procedures for filing and the relevant fees.
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Expunge or Seal Your Record Home :: DUI :: Expunge For a list of frequently asked questions, click here. To expunge or seal your Illinois record, you must comply with Section 5 of the Criminal Identification Act (20 ILCS 2630/5). The Act allows qualifying arrests, supervisions and convictions to be either expunged or sealed. Only those individuals who have never been convicted of a criminal offense or municipal ordinance violation are eligible to expunge records. If you have ever been convicted of a criminal offense or a municipal ordinance violation, your records may still be eligible for sealing, but you cannot expunge any records, regardless of the outcome of the individual case. Only criminal records prosecuted and maintained by the State of Illinois are affected by expunge or seal proceedings. Federal and out-of-state convictions do not fall under the Illinois law. You may seal certain felony convictions. Some Class 4 Drug Possession cases, Prostitution convictions under 720 ILCS 5/11-14, are two examples. In addition, certain dispositions are not convictions. For example, special felony probations, such as TASC probation or First Offender drug probations are not convictions. Thus, they may be eligible to be expunged or sealed. This is why it is imperative to obtain the information listed below and contact Robert Stephenson for an evaluation. If your record does not qualify to be either expunged or sealed, you will have to apply for Clemency from the Illinois Prison Review Board. Expunge or Seal Checklist You will need to obtain your complete criminal history. This includes the following information: Where to Get your Criminal History |
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Chicago, Oak Park based DUI, Criminal Defense, and Small Business Lawyer Robert Stephenson is an experienced legal expert.
He has successfully dealt in many cases related to Criminal, DUI, Record Expunge, Appellate, Expunge and Seal.
Chicago Criminal Lawyer & DUI Lawyer: Robert M. Stephenson
Contact: Oak Park DUI Defense & Criminal Defense Attorney
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