Chicago Post-Conviction Attorney

Just because you were convicted of a crime doesn’t mean that your conviction must forever haunt employment background checks, stop you from becoming a U.S. citizen or remain a deportation threat.

Illinois Post-Conviction Lawyer

There is no reason to let a youthful mistake, misunderstanding, past criminal record—or especially a criminal identity theft—be a barrier to future opportunities. Many options of post-conviction relief are available to help you, even after you have served time, finished probation, or paid your fines. Relief is critical for clearing the records of victims of criminal identity theft.

Post-conviction proceedings do not require any court appearances on your part. Depending on your circumstances, several forms of post-conviction relief are available, including:

• Expungement
• Record Sealing
• Sentence Modification
• Reduction of Charges
• Pardons & Executive Clemency
• Criminal Appeals
• Health Care Waivers
• Certificates of Good Conduct/Relief from Disabilities
• Other Post-conviction Petitions & Writs
• Recent Supreme Court rulings that may affect your conviction or sentence
• Criminal Identity Theft Petitions & Expungement

All forms of relief are unique and have their own specific purpose. Therefore, it is vital to pursue relief with the help of an attorney experienced and knowledgeable in these intricate and specialized set of laws—an attorney such as Chicago post-conviction relief lawyer Jonathan Minkus. Not only does Mr. Minkus have 33 years of experience in appeals and post-conviction proceedings, but as a former Assistant States Attorney he uses his previous experience representing the state in Appeals cases to build the strongest post-conviction relief case possible.

Post-Conviction Relief Evaluation

Mr. Minkus has helped clients convicted of a wide variety of crimes obtain various forms of post-conviction relief. If you have been convicted of a crime, contact Mr. Minkus for an evaluation. He will evaluate the facts involved in your situation to determine what options are available to you, either for clearing your record or providing such other forms of relief as sentence modification or a reduction in charges. If you are not currently eligible for post-conviction relief, he will let you know if you will eventually qualify and when.

Contact our criminal defense law firm for more information about post-conviction relief and how it may benefit your case.

Why Post-Conviction Relief?

Through post-conviction proceedings, the Law Offices of Jonathan Minkus can attempt to lessen the negative consequences of having been convicted of a crime. Your background may be used against you in rental matters, employment and education opportunities, by Immigration and Naturalization—and even socially. A few reasons to pursue post-conviction remedies include:

• If you have a conviction for a drug– or sex-related crime in your past, you may have to register with local authorities. Post- conviction relief can relax the restrictions of that requirement—or maybe even eliminate the requirement completely.
• Some convictions may restrict or ban your ability to obtain certain licenses. A successful post-conviction proceeding can lift those restrictions or bans.
• Disclosure of your criminal record is necessary when applying for a job. But post-conviction relief offers options for legally hiding your conviction from a potential employer. It is worth reaching out to a post conviction attorney just so you can have a clean record when applying for jobs, loans, student financial aid or certain professional licenses.
• Obtaining the reduction of a sentence from a felony to a misdemeanor can eliminate the severe, lasting consequences of a felony for citizens and immigrants alike. Winning such a motion can eliminate the need to report the conviction when applying for most job opportunities. Reduction of charges can also eliminate the consequences that a felony conviction could have on your immigration status, including possible removal or deportation by the U.S.C.I.S.
• If you were found guilty of a felony, a qualified post-conviction relief attorney, such as Mr. Minkus, may be able to get your felony charge reduced to a misdemeanor, then have your record sealed.
• Motions to Modify convictions are vital for non-citizens whenever their priors are classified by the U.S.C.I.S. as “aggravated felonies.” These convictions may result in permanent removal (deportation). By obtaining a sentence modification, for example, from one year to 364 days, we can change the classification from an aggravated felony to a simple felony—which may not be used as a basis for deportation by the U.S.C.I.S. or by the immigration courts.

Post-Conviction Relief Terms

To help you understand some of the more common post-conviction relief options that may be available to you, we have compiled short summaries of some of the terms. However, remember these are just a few of the post-conviction options available to individuals and that Illinois post-conviction relief remedies are a complicated section of law and proceedings. Navigating the complexities of these laws can be overwhelming. What may look inaccessible to you, might actually be an option when handled by an experienced post-conviction attorney. Call the Law Offices of Jonathan Minkus to explore post-conviction relief possibilities for your situation or that of a loved one.

Illinois Expungement

Even if you were only arrested once in your life and never convicted, you have a criminal record. An Expungement is available if you have never been convicted of a crime in Illinois or any other state. Non-convictions that can be expunged from your record include:

Cases where you were found not guilty
You were convicted of a misdemeanor offense that resulted in a sentence of:

• Supervision or
• Qualified Probation

If you qualify for expungement, your record is cleared. It is physically destroyed and inaccessible to even the police.

Record Sealing in Illinois

If you have been convicted of an offense, you do not qualify for an expungement—but you may qualify to have the record sealed. Record Sealing is available in Illinois to those have been convicted of non-violent or non-sexual misdemeanors as well as a limited number of felonies, including Possession of a Controlled Substances (Class 4), Possession of Cannabis (Class 4), Prostitution (Class 4), or any felony in which you satisfactorily completed qualified probation (710-1410 or TASC Probation).

When you successful petition to have your record sealed, the general public and non-government employers can no longer view your conviction. You can legally check “No” on an application asking about prior convictions. This is particularly important to people applying for jobs, loans and student aid, as well as for those who may lose a professional license because of a conviction.

Pardons & Executive Clemency

By petitioning for Executive Clemency, you may, after a very lengthy amount of time, be granted a pardon from the Governor of Illinois. Any conviction is eligible for Expungement if it is pardoned by the governor. A Petition for Executive Clemency may involve an appearance before the Illinois Prisoner Review Board.

Health Care Waivers

The Illinois Health Care Worker Background Check Act requires a criminal background check for all Illinois health care providers who work directly with patients, with the exception of doctors, registered nurses and therapists, who are licensed under a state regulatory department. More than 50 different types of convictions will disqualify you from working in Illinois’ health care industry, including involuntary manslaughter, drug offenses and theft. The Law Offices of Jonathan Minkus can prepare a Health Care Waiver for you to submit to prospective health care employers, allowing the employer to waive the ban on your employment.

Certificates of Good Conduct/Certificates of Relief from Disabilities

Both of these certificates are available to those with up to two non-violent felony convictions and relieve an employer of civil or criminal liability for an act or omission by the person to whom the certificate was issued. A Certificate of Relief from Disabilities helps people with up to two non-violent felony convictions obtain one of 27 different occupational/professional state licenses that were specified in January 2004, in Article 5.5 of the Illinois Unified Code of Corrections, including real estate agent, roofer, funeral director, nail technician and others. Despite creating a presumption of rehabilitation, the certificate is not a guarantee that you will be able to obtain a license, even though the law is clear that