Expungement and Sealing
What is Expungement?
Expungement is the process by which you can erase, destroy, or seal a criminal case from the public record. Illinois law allows you to expunge criminal case from the public record. But the rules regarding what can be expunged and what cannot be expunged are strict and complex.
If you are able to expunge a criminal record case from your past, this means that the case, and the criminal charges, will not appear on a background search. Expungement is something that anyone who has ever been charged with a criminal case should explore and look into. Even if your case was dismissed, the arrest and the criminal charges will appear on a routine background search. If you expunge the case, the arrest and the charges will not appear on a routine background search. Even if you were found guilty of a criminal charge, or plead guilty, you may be able to expunge and remove the case from your record. However, depending on your particular case, you may have to wait 2 or 5 years before being eligible to file a Petition to Expunge. In some cases, you may be able to file a Petition to Expunge immediately. Let's talk about when you can file a Petition to Expunge immediately:
When Can You File A Petition to Expunge IMMEDIATELY?
-Not Guilty Finding: If your case went to trial in front of a Judge or Jury and you were found Not Guilty, you can file a Petition to Expunge immediately.
-No Probable Cause: If you had a Preliminary Hearing or if a Grand Jury found no probable cause, you can file a Petition to Expunge immediately.
-Nolle Prosequi: This happens when the state declines to prosecute you after you were arrested. This is basically a dismissal of the case. If this happens, you can file a Petition to Expunge immediately.
-SOL: If your case was SOL’d, this means that your case was Stricken on Leave to Reinstate. This basically means that your case was dismissed. If your case was SOL’d, you will be able to file a Petition to Expunge immediately.
Cases That Can Be Expunged After 2 Years
Most Misdemeanors in which you received Court Supervision can be expunged 2 years after successful completion of Court Supervision. However, a DUI can never be expunged from your criminal record even if it was your first DUI and you received Court Supervision. You can never expunge any case for a sexual offense committed against a minor.
Cases That Can Be Expunged After 5 Years
You have to wait 5 years before expunging the following cases:
-Driving an Uninsured Motor Vehicle.
-Displaying False Insurance.
-Criminal Sexual Abuse (Not Involving a Minor).
-Aggravated Battery of a Child.
When Can You File a Petition to Expunge a Retail Theft?
If the Retail Theft case was dismissed, you can file a Petition to Expunge immediately. If you received Court Supervision for your Retail Theft, you will not be able to file a Petition to Expunge for at least 2 years after your Court Supervision was successfully completed. This is important because even if the case was dismissed, a shoplifting charge could make it very difficult to get a job. Many employers will not hire you if they find out that an shoplifting, or theft charge, was made against you. Expungement of the case will remove the possibility that a prospective employer could find out about the charges. A current employer may find out about the charges if they do a background search. Some employers will fire you if they find out that someone claimed that you stole something.
What is Sealing?
If your record is sealed, this means that your record will be removed from the public record. Employers or private individuals doing a background search will not be able to see the case. However, law enforcement and Court Personnel will be able to see the record. While sealing may not be as good as expungement, sealing your record would allow you to pass a routine background search. If you are unable to expunge, you may be able to seal your record.
You may be eligible to seal certain felonies. If you are convicted of certain Possession of Marijuana and Possession of Controlled Substance charges, you may be eligible to have your record sealed. You may also be able to seal your record if you were convicted of Prostitution. In order to be eligible to seal these felonies, you must not have any felony or misdemeanor convictions for at least four (4) years after you completed your sentence.
You may be eligible to seal a misdemeanor conviction as long as you do not have any felony or misdemeanor convictions for at least four (4) years after you completed your sentence.
Can I Expunge or Seal My Driving Record?
No. Expungement and Sealing only involve criminal cases. There is no process by which you can have anything removed from your driving record. A DUI cannot be sealed or expunged in Illinois. You cannot remove a DUI from your Illinois Secretary of State driving record even if the DUI was dismissed or reduced to a Reckless Driving. Any tickets or citations that you receive will be reported to the Secretary of State and will appear on your driving record and there is no way to have anything removed from your driving record.
Can a Felony Case Be Expunged?
Unless the felony was dismissed, or a Judge or a Grand Jury found no probable cause, as a general rule, you cannot expunge or seal a felony unless it involves a felony listed above. Expungement and sealing are generally reserved for misdemeanors with very few exceptions.
How Do I Begin the Expungement and Sealing Process?
First, do you need to determine whether you can seal or expunge your case. If you are eligible to expunge or seal your case, you need to file a Petition to Expunge or a Petition to Seal in the courthouse at which your case was at. If the paperwork is not filled out correctly, or if you do not follow the strict rules, your Petition may be denied. James Dimeas has been filing Petitions to Expunge and Petitions to Seal for over-27 years throughout Chicago, Cook County, DuPage County, Kane County and Lake County. James Dimeas knows the expungement and sealing laws and will let you know whether you are eligible to have your case expunged or sealed. James Dimeas will prepare all the necessary paperwork and follow the strict expungement and sealing rules to make sure that your Petition is granted and the case is completely removed from your record so that you could pass a background search and move on with your life.
Since the Chief Judge in each Courthouse will make the final decision regarding whether you will be allowed to Expunge or Seal your case, you may be required to appear in Court after the expungement and sealing paperwork is filed.
Each county and each courthouse, have their own forms, rules, and unique procedures for expungement and sealing. Since James Dimeas has filed thousands of expungement and sealing petitions in every county and every courthouse throughout Cook County, DuPage County, Kane County, and Lake County, he knows exactly what needs to be done to make sure that your expungement and sealing is successful. If you are required to appear in court, James Dimeas will appear with you and will make sure that your case is presented properly before that particular judge, in that particular courthouse, in that particular County.
Hire a Great Lawyer to Seal and Expunge Your Criminal Record
James Dimeas is a nationally-recognized, award-winning, expungement and sealing attorney. James Dimeas has over-27 years of experience handling expungements and sealings throughout Chicago, Cook County, DuPage County, Kane County, and Lake County. Recently, the American Society of Legal Advocates named James Dimeas a "Top 100 Criminal Defense Lawyer in the State of Illinois For the Year 2018 and 2019." Attorney and Practice Magazine gave James Dimeas the "Top 10 Criminal Defense Attorney Award for Illinois." The National Academy of Criminal Defense Attorneys gave James Dimeas the "Top 10 Attorney Award for the State of Illinois." AVVO rates James Dimeas as "Superb", the highest rating possible for any expungement or sealing lawyer in the United States. Expertise named James Dimeas a "Best Criminal Defense Lawyer in Chicago." James Dimeas is a "Best DUI Attorney." The American Institute of Criminal Law Attorneys named James Dimeas a "10 Best Attorney for Client Satisfaction." The National Trial Lawyers named James Dimeas a "Top 100 Criminal Defense Trial Lawyer."
If you are looking to expunge or seal a case or clear your criminal record, you can contact James Dimeas anytime for a free and confidential consultation. You can speak to James Dimeas personally by calling him at 847-807-7405.