Practice Areas

Expungements and Sealing Your Record

Illinois Seal and Expungement Attorney

Cook County and DuPage County Expungements and Sealing Lawyer

If you have been arrested, charged or prosecuted, your felony and/or misdemeanor criminal record is part of the public record which can be viewed by anyone. Your current employer, potential employer, family and friends all have access to public records. If you have an arrest on the books, it is available to them, even if the case was dismissed or you were placed on court supervision or told the case would not be on your record by the judge or another attorney.

Many employers do an extensive background check before hiring. Even if your arrest charges were dropped, the arrest record can be a source of embarrassment for you leading to loss of employment, the inability to advance in your current position, or obtain a new job.

Don't let this happen to you. Expunge and/or seal your record as soon as possible. It takes time to obtain an Expungement Order from the court. Furthermore, Illinois expungement and sealing laws are very complicated and can be very confusing for most lawyers and non-lawyers, alike. It is best to hire an experienced, qualified, top gun expungement lawyer to help you. Contact an experienced expungement attorney in the Chicagoland area, including Cook County, DuPage County, Will County, and Kane County, Illinois to discuss your situation.

Call 630-472-9700 or complete the contact form on this page.

In order to get the arrest out of the public eye, you must file a petition for expungement. Expunging or sealing your case does not happen automatically, regardless of what you may have been told in the past. You must obtain a court order expunging or sealing your arrest.

The expungement and sealing laws are contained in the Criminal Identification Act of the Illinois Compiled Statutes. Each county, including Cook County, DuPage County, Kane County, Will County, has different forms to use and different procedures that must be followed to the letter. Some counties require you to appear in court. Other counties do not.

The Clerk of the Circuit Court may provide you with the forms to begin the expungement process, but the Clerk can not and will not give you legal advice or instructions on how to represent yourself. Legal advice includes telling you whether your case qualifies for an expungement. Improperly preparing your case can lead to the denial of your petition for expungement. You should retain an experienced expungement attorney to help you review your arrest record to determine whether your case is eligible for expungement and/or sealing.

HOW DO YOU BEGIN THE EXPUNGEMENT OR SEALING PROCESS?

The process of expunging your record begins by obtaining a copy of your ENTIRE ARREST RECORD. Whether you have been convicted of a crime before or after the one you are currently interested in expunging plays a role in whether your motion to expunge your arrest will be granted by the court.

You must obtain a "rap sheet" from a local policing agency or a written disposition of each and every case you have ever had from the Clerk of the Circuit Court of the county where each arrest took place. If you can not remember where the arrest occurred, contact the Illinois State Police Records Bureau in Springfield, Illinois. By searching their database by your name or your fingerprints, they may be able to find your information. Once you have obtained your court record, expungement lawyers at Kathryn L. Harry & Associates, P.C., may review your case to determine if Illinois law allows it to be expunged.

Our office will obtain your ILLINOIS court records. The nominal charge for this non-lawyer service is $50.00 for Cook County or DuPage County and $100.00 for all other counties.

YOU HAVE YOUR ARREST RECORD, NOW WHAT?

Once you have your arrest record in hand, the next step is to contact Kathryn L. Harry & Associates, P.C. so that we may analyze your specific situation. If our experienced lawyers believe that your felony or misdemeanor arrest or charge can be expunged, we will help you file a Petition for Expungement in the county where the record is. In order to complete the paperwork, we will need to know several key pieces of information, including the exact charge; where you were arrested; the date you were arrested; what you were sentenced to, if anything and other information contained in your record. Depending on the county, you may be required to appear in court. In many situations, however, expunging and/or sealing your arrest record can be done without a court appearance. Once the order is entered granting your Petition to Expunge or Seal your Record, the local policing agency, the Illinois State Police and the clerk's office will take care of your file.

Our office charges an affordable flat fee for this service. Please call 630-472-9400 for an analysis of your particular situation and a quote.

WHAT ARE YOUR CHANCES OF SUCCESS IN EXPUNGING OR SEALING YOUR RECORD?

Certain types of cases are not expungeable or sealable, like DUI, or Driving Under the Influence of drugs or alcohol. In other situations, the charge may be of the type that is ELIGIBLE for expungement, but because of the type of sentence you received, the case may not be expunged. Misdemeanor and a few felony cases in which you have received a conviction, like conditional discharge, probation, or jail time, are not expungeable, but may be sealable under certain conditions.

Were you charged with a misdemeanor or felony crime, tried, and found not guilty? Typically, these types of cases may be expunged.

Were the charges dismissed or dropped before going to trial? Again, typically, these cases may be expunged.

Were you found guilty, and placed on court supervision for a misdemeanor offense? Often these cases may be expunged, but only after meeting certain conditions. You must have successfully completed the term of court supervision, AND not have been arrested again AND 2 years must have passed since your supervision was terminated. (Note, for the following charges, there is a 5-year waiting period: Operating and Uninsured Motor Vehicle; Suspended Registration for Noninsurance; Displaying of False Insurance; Reckless Driving, Domestic Battery, Criminal Sexual Abuse of someone 18 years or older; and Retail Theft.)

Were you found guilty of a Misdemeanor and placed on conditional discharge, sentenced to probation or jail time? Most times, these cases may not be expunged, but you might qualify for sealing under certain conditions. In order to seal your arrest, you must have successfully completed your sentence at least 4 to 5 years ago (depending on the charge), AND have not been placed on supervision or convicted of another crime since then AND not have any charges pending against you right now.

Did you receive 710 probation, 1410 probation or TASC for a drug possession charge? Your arrest may qualify for expungement.

Did you receive a traffic ticket? Traffic tickets are not covered by the Criminal Identification Act and are not expungeable. Keep in mind that if you were arrested on a Misdemeanor charge that is covered by the Criminal Identification Act, and you received traffic tickets as part of the same incident, your case is probably not expungeable. Either the entire arrest (all charges) are expungeable or it is not.

Located near major expressways and the Oak Brook Center Mall in Oak Brook, Illinois, our expungements attorneys primarily represent clients in DuPage County and Cook County, Illinois.

For quality, affordable legal services, contact our criminal defense lawyers for a free consultation. We will protect your rights!