What Is Criminal Record Expungement?

 Posted on April 25, 2024 in Criminal Defense

Criminal record expungement is the process of removing items from your criminal record so that they are no longer visible to the public. This can have many beneficial impacts on your life, as once your criminal record is expunged, it is essentially destroyed, and employers, government agencies, schools, and financial institutions will no longer be able to see details about your criminal history.

A knowledgeable Illinois criminal record expungement lawyer can help you learn if you are eligible for this process and guide you toward expungement.

Do I Qualify for Criminal Record Expungement in Illinois?

Only certain types of arrests or criminal charges qualify for expungement in Illinois. You should note that pending criminal cases or charges cannot be expunged until a final decision has been made on the case. Circumstances that may qualify you for a criminal record expungement in Illinois include the following:

• You were acquitted of your criminal charges, or charges against you were dismissed.
• No charges were filed against you after an arrest.
• You appealed a conviction, and it was reversed or vacated.
• You successfully completed a qualified probation or court supervision.
• You received an official pardon from the governor.
• You are a military veteran with an honorable discharge who was convicted of a Class 3 or 4 felony. The felony must be nonviolent, nonsexual, and not gun-related.

Cases involving qualified probation or court supervision include a waiting period of two to five years before you are eligible to pursue expungement, while there is no waiting period for other types of expungement qualifications. Keep in mind that some convictions are completely ineligible for expungement in Illinois, such as certain violent crimes, sex crimes, and crimes involving DUI.

Record Expungement Versus Record Sealing

While some people may use the terms' sealing' and 'expungement' for criminal records interchangeably, these are actually two different things. Expungement is the process of completely erasing and removing items from your criminal record. At the same time, sealing restricts the access of items on your criminal record to certain individuals, such as law enforcement officers or certain government agencies.

If you do not qualify for a criminal record expungement, you may be able to pursue a criminal record sealing instead. Record sealing can be beneficial, as it removes items from your criminal record from the general public's view.

Contact a Kane County, IL Expungement Lawyer

Criminal record expungement is life-changing for many people, and a skilled Aurora, IL expungement attorney can help you navigate this process. Attorney Patricia Magaña has extensive knowledge of the criminal conviction process, and she is highly experienced with criminal record expungement, making her qualified to handle your expungement case. Contact Law Office of Patricia Magaña, LLC at 630-448-2001 for a free consultation.