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Expungement in Illinois

Criminal Defense Attorney Lake County

At the law offices of Albert L. Wysocki, we understand how overwhelming the process of getting your record expunged can feel. Our experienced Lake County criminal defense attorney can help you through the complex legal process. With over 30 years of legal experience, his knowledgeable team can take action and develop an effective, personalized legal strategy for your case.

The Law on Expungement

According to Illinois State Law, qualifying arrests, supervisions and probations can be expunged. Effective in 2017, an amendment to the law now will eliminate the requirement that a person have no convictions on his or her record in order to expunge a case. Under the old law, a conviction for even the smallest infraction (for example, a fine on a ticket for underage drinking) would mean that a person could not expunge anything else from his or her criminal record, even if those charges were dropped. Although that person could have sealed the dismissed case, there are certain circumstances where an expungement is necessary for furthering someone's goals. Now, the law will determine the eligibility to expunge based solely on the case itself, rather than also on the person.

Qualifying for Expungement

The Criminal Identification Act places limitations and boundaries on who can have their record expunged. Some of the qualifying factors include:

  • You have no pending charges against you currently
  • You are no longer on parole or probation
  • You were not on 2nd chance probation
  • Time Served
  • Jail or DOC time
  • Finding of guilty by judge or jury without the term of supervision

How Long Does it Take?

This process can take up to a few months to be completed. The state is allowed 60 days to object the petition to expunge. Once the judge orders your record expunged, it can take an additional 60 days for law enforcement to process the order.

What's the difference between Expungement and Sealing?

When your records are expunged, they are destroyed and returned to you. All other state government agencies will destroy their remaining records and any mention of your name will be removed from public record. When your records are sealed, government agencies still maintain the sealed file. Law enforcement will still have access to your records, but the general public is unable to access them.

We Can Help

Our Lake County attorney can help you get your record expunged. As a former judge, prosecutor and deputy sheriff, Attorney Wysocki has an unprecedented understanding of the law.

Give us a call for a free consultation today.

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(847) 892-6162
Call to Schedule a Consultation
325 Washington Street, Suite 200
Waukegan, IL 60085
Local Phone: (847) 244-3030

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.