Although many of those who are convicted of crimes feel that their lives are over and their reputations are permanently damaged, the reality is that Illinois residents are able to have their criminal records expunged. This means that the record of a person’s arrest will be destroyed or returned to the petitioner, so it will no longer be considered a matter of public record, although law enforcement officers and courts will still have access to it. Getting one’s record expunged can be a difficult process, so if you have a criminal record in Illinois, have seen the error of your ways, and are interested in having your own criminal record expunged, please contact a Wheeling expungement lawyer who can help you file your petition.
Under Illinois law, a person can have records of arrests, supervision, and probation expunged by the court, although actual convictions cannot be erased, instead, must be sealed. Federal or out-of-state convictions also cannot be expunged, or even sealed in Illinois. Similarly, expungement laws do not apply to minor traffic offenses, orders of protection, civil matters, or divorces. However, a person can attempt to have a criminal record expunged if he or she was arrested for, but never convicted of a crime and:
Even if a person was convicted of an offense, he or she can still seek expungement of the criminal record, but only if the conviction was later vacated or reversed.
Illinois law also allows those who were charged as a juvenile for a criminal offense to seek expungement. However, an expungement will only be approved if the petitioner is at least 18 years old and was:
Fortunately, even youths who do not satisfy these requirements are not completely out of luck, as they can still have their juvenile records expunged if the proceedings did not involve charges of first-degree murder or a sex offense that would have been a felony if committed by an adult, and:They have not been convicted of any crimes since turning 18 years old;
It is important to note that some juvenile cases can never be expunged, including those that involve proceedings which started in juvenile court but did not proceed there, or involved charges of driving under the influence, first-degree murder, or felony sex offenses.
If you were arrested for a criminal offense and have questions about expunging your record, please call (847) 966-0300 to speak with a dedicated Wheeling expungement lawyer at the Law Offices of Jonathan Minkus.
Senior Partner Jonathan Minkus has successfully defended individuals charged with every conceivable criminal offense, from traffic misdemeanors to death-penalty eligible homicides.