Expungement in Illinois

Expungement in Illinois

Illinois Expungement

Having a criminal conviction on your record can severely limit your ability to get a job, obtain loans or credit, and in some cases may effect where you can live.  Illinois expungement laws allow you to get some cases erased from your criminal history.  If you qualify under the law, Carbondale, IL criminal defense attorney Brian Roberts can help you get your case expunged.

The Criminal Identification Act (20 ILCS 2630/5.2) allows certain criminal convictions, arrests and supervisions to be removed from your record.  Some of these may be expunged, but some may only be sealed.  You should read our expungement vs. sealed page to learn the differences between these two legal terms.

If you qualify to have your criminal history sealed or expunged you must complete a series of steps before a court may order your history erased.  You do not need an attorney to do this for you, but it is recommended that you do.  Most people find the steps are confusing and time consuming.

After you hire us to apply to have your criminal history expunged we will gather all of the necessary documents and paperwork on your behalf, draft the required paperwork, and submit the necessary fees.  There are a minimum of two fees that must be paid, but often there are more.  The two mandatory fees are the fee to file the petition in court, and the fee to the Illinois State Police fee.  The Illinois State Police receive a fee under the law regardless of whether the court orders the expungement in Illinois.

Once your fees are paid, the case is filed with the court, and the court receives all of the necessary paperwork, a date will be set for a hearing.  You do not have to attend this hearing unless we tell you otherwise.  Generally, it is not required.  The State does have the right to object to your petition to have your case expunged or sealed.  If they do object, you will probably need to be present for the court hearing.  This is, however, a case by case basis, and our experience shows that it rarely happens.

Once the judge has ordered your case to be sealed or expunged we will ensure the appropriate agencies receive a copy of the order.  We will then usually receive confirmation that they have sealed or expunged your record in accordance with the Court order within 60 days.

Don’t let a one time mistake result in a lifetime of consequences.  If you have a criminal conviction, arrest or supervision in Illinois contact Carbondale, IL criminal defense attorney Brian Roberts to have your case expunged.