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Seeking Expungement for Your Criminal Record in Illinois 

Posted on in Criminal Law

Seeking Expungement for Your Criminal Record in Illinois When a person has a serious criminal charge on their permanent record, their life can be impacted in a number of ways. Not only will the perpetrator face the initial legal ramifications of the charge (potential jail-time, fines, and a loss of their driver’s license), but also potential difficulty securing housing, employment, or loan opportunities. If a previous conviction is having a significant impact on your life, it is time to explore your options. With many criminal convictions, expungement or sealing may be an option. 

What Is Expungement?

Expungement is the process of having a criminal offense removed from one’s permanent record. The ability to hide a previous conviction from prospective employers can be life-changing. There are a few important things that all clients should understand about expungement:

  • Not all people are eligible for expungement.
  • While an expungement will destroy all official records related to the criminal offense, it will not have any impact on previous news clippings or other forms of media related to the initial crime. 

All that being said, expungement can be life-changing as you look to secure a job, get admitted into a school, or secure a loan.  

Expungement in Illinois

Expungement eligibility varies from state to state. In Illinois, a person is eligible to seek expungement only if they were never convicted of a crime or their conviction was overturned. Instead, a convicted criminal can seek to seal their record, which will essentially hide the conviction from the general public. Law enforcement would still be able to see a sealed record, as well as employers that are legally required to conduct background checks, such as schools and hospitals.

According to state law, the vast majority of misdemeanors and felonies are eligible for record sealing. That being said, driving under the influence, many sex offenses, and domestic battery are not eligible. With the recent passage of Illinois’ recreational marijuana law, many previous marijuana convictions are eligible for automatic expungement. If you are interested in seeking expungement or record sealing, speak with your attorney regarding your eligibility. 

Contact a DuPage County Expungement Lawyer

At McMahon Law Offices, we firmly believe that no person should be impacted by one criminal offense for the rest of their life. Our team will do everything in our power to help our clients avoid a conviction or face limited criminal punishment. If it is impossible to avoid a conviction, we can discuss your options moving forward, including record sealing and expungement. If you are eligible to have your record cleared, we will assist you throughout the expungement process. To schedule a complimentary consultation with a skilled Oak Brook, Illinois, criminal defense attorney, call us today at 630-953-4400. 

Sources:

https://www.americanbar.org/groups/public_education/publications/teaching-legal-docs/what-is-_expungement-/

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