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If you have been acquitted of criminal charges or were arrested but never formally accused, you may be eligible to request the expungement of your record. A criminal or arrest record could affect your ability to obtain employment and potentially even housing. Speaking with an experienced Chicago expungement lawyer could help you understand whether you qualify for expungement.

The defense attorneys at Price Benowitz have extensive experience guiding people through the sealing process. If you are interested in exploring your options, contact the team today.

What Is an Expungement?

If granted, an expungement—or sealing—order allows the court to delete a criminal or arrest record, treating it as if it never existed. If expunged, the record will not be accessible to the public without court approval, including when an employer conducts a background check.

A dedicated expungement lawyer could review the facts and determine if a person in Chicago is eligible to request a record sealing.

What Offenses Could Be Expunged?

An individual could be eligible for expungement for a variety of reasons, such as:

• An arrest that did not result in a conviction, whether for a felony or a misdemeanor offense
• Acquittal or dismissal of all charges
• Release from jail with no filed charges
• Deferred prosecution
• Various forms of expungeable probation
• Reversal or vacation of a conviction

A Chicago attorney who regularly handles expungements may be able to help determine whether the petitioner’s criminal history qualifies for expungement.

What Is the Expungement Process?

A petition for expungement must be filed with the circuit court in the county where the offense occurred. If a person is charged in multiple counties, they must file a petition in each county. With the petition, a copy of the person’s arrest, charges, and court results may be included, together with the individual’s criminal history. A fee must also be paid to the circuit clerk.

After a petition has been filed, the circuit clerk will provide notice of the petition to the prosecutor, the Department of State police, the arresting agency, and the chief legal officer of the unit of local government that made the arrest. The court will then hold a hearing to determine if the expungement should be granted. The court has discretion in deciding whether to grant the petitioner’s request.

The expungement process is not quick and can be complicated. Depending on the case, the entire process could take four to six months—or longer—to complete. An experienced expungement attorney in Chicago could ensure all documents are prepared and filed as necessary.

What Is Record Sealing, and How Is It Different from Expungement?

While expungement erases a criminal record as though it never existed, record sealing restricts public access to the record without fully destroying it. In Illinois, sealed records are hidden from most employers, landlords, and the general public, though law enforcement agencies and certain government employers may still view them.

Sealing is typically available for a broader range of offenses than expungement, including certain misdemeanor and felony convictions. A Chicago record sealing attorney could help determine whether sealing is the best option based on the petitioner’s criminal history and goals. If expungement is not possible, record sealing may still offer a meaningful path to a fresh start.

Talk to an Experienced Chicago Expungement Attorney

The criminal expungement process can be lengthy and time-consuming, but you do not have to navigate it alone. A Chicago expungement lawyer could ensure all necessary documents are filed correctly.

An attorney with extensive criminal law experience could determine if you may be eligible to petition the court to seal your record. Call Price Benowitz’s knowledgeable lawyers today to discuss your next steps in the expungement process.