Articles Tagged with expungement

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You have done the crime, you have done the time, and now you would like a fresh start. Your question is “Is it possible?” Is there any way to close that chapter of your life and have a fresh start without a criminal past dogging you? The answer is “Maybe.”

A more comprehensive response to this question depends upon whether or not this was a first time offense, whether the level of the criminal charge filed against you was for a felony or a misdemeanor, whether the case has been disposed of (i.e., conviction, acquittal, probation, etc.), and how long ago.

For the most part, expungement and sealing are available to clear the records for certain criminal offenses. Illinois has enacted legislation that is designed to expunge and seal criminal records for crimes committed within the state of Illinois and that fall under the state’s jurisdiction. However, expungement and sealing are not available for minor traffic violation cases such as speeding tickets.

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If you have ever been arrested for committing a crime in any state, whether convicted or not, you have a criminal record. Despite what you have been told, adult criminal records and juvenile criminal records (also known as “rap sheets”) are never automatically cleared. If you incurred a “rap sheet” at any time in your life, perhaps when you were “sowing those wild oats,” but now you have settled down and have become an exemplary citizen, the previous record of your indiscretions is available for public scrutiny.

Can I Have My Criminal Record Expunged or Sealed?

The short answer is “yes,” you can have your criminal record expunged or sealed if your record is eligible. Your first step is to consult with an experienced criminal law expert who will walk you through the process.

file000704919536At any given time, thousands of Illinois residents are unable to secure a good job or any job at all, as a result of past mistakes. Even if you have paid your debt to society as a result of a criminal conviction, you may be one of the thousands of Illinois residents who has been relegated to live in poverty, even if you are trying to set your life on the right path. The good news is, three bills recently signed into law by Governor Rauner may address and ameliorate this issue. Read on to see if you may benefit from these new laws, which take effect the first day of 2016. If you think you might benefit, contact us today and let us help you explore your options.

HB 3475

Beginning January 1, 2016, House Bill 3475 expands the list of those eligible to receive a Certificate of Good Conduct and a Certificate of Relief from Disability. If you can show the court that you have turned your life around with clear and convincing evidence, then the court may issue either of these certificates. Such a certificate will go a long way to help you obtain a professional license or other employment, if the crime you were convicted of is one of the included new crimes that allows you to receive either of these certificates. The Law Offices of David Freidberg can help you determine if you may be eligible for one of these certificates.

HB 3149

Beginning January 1, 2016, men and women who have been convicted of certain offenses and who have completed college, have a vocational certificate, or have finished some other educational or vocational training program can request the courts and police department to limit the number of persons allowed to access their old criminal records. In other words, you can ask to have your record sealed much sooner than the law currently allows. The Law Offices of David Freidberg can help you determine if you are eligible to have your record sealed early.

SB 844

The third and final new bill signed into law by Governor Rauner is SB 844. For those who have older convictions, SB 844 allows you to request that the court limit who can look at your old records three years after you complete your sentence (the current law requires you wait four years). Depending on the crime you were convicted of, this new law may even allow your records to be sealed two years after your sentence is complete. Call David Freidberg today and find out if  you are eligible to benefit from SB 844.

These bills will breathe new opportunity into the lives of over 1 million Illinois residents whose potential was previously squandered for lack of second chances. Now, people who have made mistakes, served their sentence, and been rehabilitated can move beyond their pasts and into their futures. Continue reading

criminal recordMany people who have been convicted of a sex crime in Illinois wonder whether the offense can be expunged. There are limited circumstances in which this is possible, but it can occasionally be done. As each situation is different, it is important to consult an experienced attorney for guidance in getting your conviction expunged.

What is a Sex Offense in Illinois?

Under Illinois law, a sex offense is a crime that involves sexual misconduct. This includes assault, child pornography, statutory rape (even if the alleged perpetrator is under the age of consent at the time as well), and others. If you are convicted of a sex offense in Illinois, then you will be considered a sex offender by the state of Illinois, and you may even have to register as such for a minimum term of 10 years on the Sex Offenders Registry.