Lake County Expungement Attorney
Criminal Defense Attorney in IL
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 attorneys 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.
If you are interested in having your criminal record expunged, call our top-tier Expungement Attorney at Albert L. Wysocki Attorney At Law today! We have the experience you need.
What is The Law on Expungement in Illinois?
As of 2017, according to Illinois State Law - qualifying arrests, supervisions and probations can be expunged regardless of their previous convictions. This is an amendment to an old law that required the smallest convictions (underage drinking, fines, etc.) to disqualify individuals from expunging their criminal record.
Do I Qualify 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
- Finding of guilty by judge or jury without the term of supervision
- You are no longer on parole or probation
- You were not on 2nd chance probation
- Time Served
- Jail or DOC time
How Long Does it Take to Expunge a Record in Illinois?
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.
To give you an overview, here are the typical steps involved in expunging a record in Illinois:
- Eligibility determination: The first step is determining eligibility for expungement under Illinois law. Certain offenses, such as serious felonies, may not be eligible for expungement.
- Filing a petition: If you are eligible, you must file a petition with the court that handled your case. The petition should include all the necessary information and supporting documentation.
- Waiting period: After filing the petition, there is usually a waiting period before the court reviews the case. This waiting period can range from a few weeks to several months.
- Court review: Once the waiting period has passed, the court will review your petition and may schedule a hearing. During the hearing, you may need to present your case and provide any additional information or evidence requested by the court.
- Decision and order: After the court review, a decision will be made regarding your expungement request. If the court grants the expungement, an order will be issued, and the process will proceed to the next steps.
- Notification to Agencies: The court order must be sent to various agencies and entities that may have records of your case, such as law enforcement agencies, the Illinois State Police, and the FBI. These agencies will then update their records accordingly.
- Record expungement: The final step involves expunging your record from the various databases and repositories. This process may take some time, as different agencies and entities have different timelines for updating their records.
It's important to note that this is a general outline, and the specific timeline can vary. It is advisable to consult with a Lake County expungement attorney to get a more accurate estimate based on your specific situation.
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.
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Decades of Experience
With over three decades of legal experience, Mr. Wysocki has what it takes to win.
Mr. Wysocki will take the time to get to know you & develop a personalized strategy.
A Reputation for Results
Mr. Wysocki will never back down from a challenge & is a strong advocate for his clients.
In-Depth Knowledge of the Law
With a deep understanding of complex criminal cases, Mr. Wysocki will stand up for you.