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Articles Posted in Expungement

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Can’t I expunge a thirty year old felony theft conviction from my criminal record? It’s the only thing on my background!

Many of my clients are finding themselves in the position of needing to petition for executive clemency in order to clear even one felony theft charge from their criminal record. As I’ve previously mentioned, someone with even one conviction in his/her past is not eligible for relief through the expungement…

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An arrest, then a subsequent release without charging is still a part of your criminal record in Illinois, unless you successfully petition to have it expunged or sealed.

It seems a bit counterintuitive that in Illinois, a person who is merely arrested, but not formally charged with a crime (i.e., this person is “released without charging”, or “RWOC”) must proactively seek to have his/her arrest expunged or sealed. After all, with regard to felonies, if the arresting officer(s)…

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Can Illinois employers really consider THAT? You might be surprised what parts of your criminal background are considered “fair game” for a potential employer to utilize in deciding whether or not to hire you.

Generally speaking, an Illinois employer or prospective employer may use information from a person’s criminal history record to make a decision about whether or not to hire (or retain, if the individual has already been provisionally hired) that person. Of course, there are several key exceptions to this generality, the…

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Traffic violations can drastically affect a person’s ability to pursue expungement and/or sealing remedies in Illinois.

Many people seeking to clear their criminal records through the Illinois expungement and/or sealing laws are quite surprised to learn that certain traffic law violations can affect the outcome of their situation dramatically. Not only do certain violations of the Illinois Vehicle Code (625 ILCS 5/ et seq.) result in…

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Expungement: an “all or nothing” remedy- a person with even one adult conviction is not eligible for expungement in Illinois.

Expungement eligibility in Illinois is not decided in a vacuum, but rather a person’s entire criminal record is analyzed to determine qualification. My clients are sometimes astounded by the factors that convert their otherwise expungeable criminal record into non-expungeable one. At times it is even a client’s non-compliance with a…

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Illinois expungement and sealing laws: not as straightforward as many people think.

There are so many common misconceptions about what can and cannot be expunged from an adult’s criminal record in the state of Illinois. Moreover, it’s not just the general public who is confused about the state of our laws in this area; I’ve encountered numerous attorneys, and even a few…

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