Will County Expungement Lawyer
Attorney Serving Joliet and Plainfield Explains How to Erase or Seal Juvenile and Adult Criminal Records
If you have ever been arrested for any reason, that record still exists somewhere in police and court files. Even if you were found completely innocent, or if the charges were dismissed following your successful completion of court supervision or probation, those records still exist.
As long as any records of past criminal accusations or convictions lurk in a government agency's files or computers, the risk exists that those records will turn up at an inconvenient time in your life. Such records can prove embarrassing and affect your relationships and career in unexpected ways.
At the Law Offices of Tedone and Morton, P.C., we want to help you move forward in life with no blemishes on your record, as far as the law allows.
Expungement and sealing of criminal records require a commitment to thoroughness and attention to detail; one missed record can negate the whole effort. You can rely on Tedone & Morton to clear all of your criminal records, both juvenile and adult, that are in the Illinois record system.
How to Clear Your Criminal Record in Illinois
Illinois law 20 ILCS 2630/5 defines two legal procedures we can use to clear your record. Expungement means that all records, both paper and electronic, related to a criminal case are physically destroyed, allowing you to treat those events as if they never happened. Some criminal convictions cannot be expunged but they can be sealed, which makes those records inaccessible to the general public. Sealed records are visible in just two situations: when requested by an authorized law enforcement agency and when required for an employment background check for jobs involving healthcare, children, or public safety.
We will file the necessary court petitions to ensure that all possible arrests, charges, and court dispositions are cleared from your name.
When a judge approves an expungement order, the order to destroy all records related to your case will go out to the various government agencies that may hold records on you, including the circuit court, the prosecuting attorney's office, the local police and/or sheriff's department, and the Illinois State Police. Each agency must erase your name and case records from all electronic databases and destroy or return to you all computer files and paper files. As part of our service, we will follow up with each agency to ensure that they have fully complied with the court order.
Note that there may be a waiting period of two to five years before you can have certain records expunged or sealed.
What Criminal Records Can be Expunged in Illinois
Tedone & Morton can help you get the following types of criminal records expunged:
- All offenses committed prior to age 18 and processed through the juvenile justice system, with the exception of convictions for first-degree murder and felony sex offenses like rape.
- Arrests that did not result in a conviction.
- Offenses for which the charges were dismissed after you successfully completed court supervision, first-time offender probation, second change probation, or TASC probation. Exceptions: You cannot expunge a case in which you received court supervision for driving under the influence (DUI), reckless driving committed at age 26 or older, or any sex crime involving a minor. Also, you cannot expunge traffic tickets; those will automatically roll off your driving record after four to five years.
- Certain misdemeanor convictions, excluding DUI and crimes against persons such as assault or battery. Felony convictions cannot be expunged.
What Criminal Records Can be Sealed in Illinois
If the attorneys of Tedone & Morton determine that you have some criminal records that cannot be expunged, we will petition to have them sealed whenever possible.
Most misdemeanor and felony convictions can be sealed with the exception of the following crimes:
- Driving under the influence of alcohol or drugs (DUI)
- Reckless driving committed after age 25
- Domestic violence, including violation of an order of protection
- Felony sex crimes
- Cruelty to animals
Lawyer Handling Criminal Records Expungement and Sealing for Clients in Morris and Yorkville
The expungement and sealing process requires persistence and thoroughness. You can rely on the Law Offices of Tedone and Morton, P.C. to get the job done for you. Contact us at 815-666-1285. From our two convenient offices in Joliet and Plainfield, Illinois, we serve clients in Will County, Grundy County, Kendall County, Yorkville, Morris, and surrounding areas.