In Illinois, getting a criminal record expunged involves several steps. Here’s a general outline of the process:
- Determine Eligibility: Not all records can be expunged. Typically, expungement is available for arrests that did not result in a conviction or were later reversed or vacated. Certain convictions can be sealed, which is slightly different from expungement but restricts public access to the record.
- Obtain Your Criminal Record: You need a copy of your criminal record to apply for expungement. This can usually be obtained from the police department where the arrest occurred or the Illinois State Police.
- Complete the Required Forms: Illinois provides specific forms for expungement and sealing that must be filled out accurately. These forms can be found on the website of the Illinois State Police or at the courthouse.
- File Your Petition: Submit your completed forms along with any required filing fees to the appropriate circuit court. The court in which you file is typically where the arrest or conviction occurred.
- Notify the State’s Attorney: You must notify the State’s Attorney’s office of your petition. They have the right to object to your petition.
- Attend a Hearing (if necessary): If there is an objection to your petition or if the court deems it necessary, you may need to attend a hearing where you can argue your case for expungement.
- Court Decision: The judge will make a decision regarding your petition. If your petition is granted, the court will order the relevant agencies to expunge your record.
- Follow Up: After the court has issued an order for expungement, it’s important to ensure that all agencies have complied with the order.
It is often advisable to consult with an attorney who specializes in criminal law to navigate this process, as they can provide guidance tailored to your specific circumstances and help ensure that all paperwork is filed correctly.
