- 1 How do you get your record expunged in Illinois?
- 2 How long does it take to expunge a record in Illinois?
- 3 How can I get my record expunged for free in Illinois?
- 4 Do I need a lawyer to expunge my record in Illinois?
- 5 What crimes Cannot be expunged in Illinois?
- 6 How much does it cost to expunge a record in Illinois?
- 7 Who can see expunged records in Illinois?
- 8 How long is a misdemeanor on your record in Illinois?
- 9 Can you expunge a domestic violence charge in Illinois?
- 10 What is the difference between sealing and expunging a criminal record?
- 11 Are criminal records public in Illinois?
- 12 How do I file for expungement in Indiana?
- 13 What happens in an expungement hearing?
- 14 Can you expunge a DUI in Illinois?
- 15 How can I clear my background check?
How do you get your record expunged in Illinois?
The expungement and sealing processes are nearly identical. First, you must file a petition and pay a fee with the circuit clerk in the county in which the arrests occurred or the charges were brought. If you were arrested or charged in multiple counties, then you must file a petition in each of those county.
How long does it take to expunge a record in Illinois?
After the petition is filed, the state’s attorney, the state police, and all other notified parties have 60 days to object. If the judge grants the petition, an order is entered, and all state agencies are given 60 days to expunge or seal the record. The total process typically takes about six months.
How can I get my record expunged for free in Illinois?
You may call toll-free (866) 787-1776 in Chicago or (866) 431-4907 Statewide, or e-mail [email protected]
Do I need a lawyer to expunge my record in Illinois?
You do not have to have a lawyer to seal or expunge your record, but you may decide to hire one to help with the process. RESOURCES ON EXPUNGEMENT AND SEALING RECORDS: Illinois Attorney General’s Office website at: http://www.illinois.gov/osad/Expungement/Pages/default.aspx.
What crimes Cannot be expunged in Illinois?
The following offenses do not qualify for a Certificate of Sealing:
- Sex offenses.
- Crimes of violence.
- Domestic Violence cases, including: Aggravated Assault. Violation of an Order of Protection. Domestic Battery. Aggravated Battery. Aggravated Domestic Battery.
- Gun cases.
- Driving Under the Influence cases.
How much does it cost to expunge a record in Illinois?
1. How much does it cost? Getting your record expunged or sealed will cost you a filing fee at the courthouse plus $60 for the Illinois State Police. Some local law enforcement agencies may also charge a processing fee.
Who can see expunged records in Illinois?
Criminal record expungement results in your arrest and court files being completely erased. The public can’t see them because the records are destroyed or returned to you.
How long is a misdemeanor on your record in Illinois?
A misdemeanor theft is like all misdemeanor crimes in Illinois in that it will stay on your permanent record, unless you are a minor when the crime was convicted. In Illinois, misdemeanor convictions stay with you for the rest of your life on your permanent criminal record.
Can you expunge a domestic violence charge in Illinois?
You cannot expunge a domestic battery conviction in the state of Illinois. That means if you were charged with domestic violence and the court found you guilty, it will stay on your criminal record.
What is the difference between sealing and expunging a criminal record?
The key difference between expunging a person’s criminal record and sealing it is that a sealed record still “exists” in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred.
Are criminal records public in Illinois?
The act specifies that all records, documents, and information produced by a government or law enforcement agency is presumed public and available to all U.S. citizens. Illinois State backgrounds includes information on criminal records, court records, vital records, and over 110 million additional public records.
How do I file for expungement in Indiana?
A petition for expungement or seal can be filed with a local court of jurisdiction in Indiana by an individual (pro se) or by private legal counsel. The Indiana State Police cannot give legal advice regarding the filing of a petition.
What happens in an expungement hearing?
When the hearing takes place, the respondents will be allowed to attend the hearing and contest the expunction. This means that the respondents may get to make a case against granting an expunction. If the court believes that the defendant meets all of the requirements, the court will agree to grant the expunction.
Can you expunge a DUI in Illinois?
Illinois law does not allow you to expunge or seal a DUI from your criminal record. The only way to get DUI-related incidents removed from your record is if: You were arrested but never actually charged with a crime. You were found not guilty of DUI.
How can I clear my background check?
To remove an entry from your background report, read the report closely to see the exact problem and its source. You have the right to explain the issue to a prospective employer or landlord and to dispute any information contained in the background check.