Woodstock Expungement Lawyer

What Is an Expungement?

An expungement is the act of physically destroying records of a criminal charge (or returning the records to you personally) and removing your name from any public record. The process is started with a petition to expunge in the county where you were arrested, and where the charges were brought.

The expungement process is complicated, and it is advisable to seek the advice of an attorney. There are timelines that differ depending on the type of charge you have and how it was disposed of in court. Also, since there are fees associated with the expungement process, it is important that you understand if and when you are eligible.

What Criminal Offenses Can Be Expunged?

Not all criminal charges can be removed through an expungement. For the most part, almost all misdemeanor and ordinance violations are eligible for expungement if you have never had a conviction for any other offense — including the one you seek to expunge.

In general, felony crimes are not expungable — although there are a few exceptions. You cannot expunge or seal minor traffic offenses or orders of protection. Also, driving under the influence of alcohol (DUI ), reckless driving, and some misdemeanor sex offenses are specifically excluded from offenses that can be expunged.

What Are the Benefits of Getting an Expungement?

With an expungement, your record of arrest and subsequent disposition is destroyed. When you have your records sealed, the public does not have access to those records. After an expungement or sealing of records has been successfully completed, it is against the law for an employer or potential employer (except those specifically allowed by law) to ask if you have ever had any records expunged or sealed. You also may not have to disclose the charge when you get certain occupational licenses or certificates.

What Is Record Sealing, and How Does it Differ From Expungement?

If you are not eligible for an expungement because of a conviction, you may still be eligible to have your records sealed. Sealing your records means that the records would be unavailable to the public without a court order, and your name would be removed from any public record. Sealed records would still be available to law enforcement agencies, the courts, and other entities and employers as allowed by law. There are many exceptions to what is eligible to be sealed. However, sealing is often the only option once you have a conviction on your record.

How Does a Pardon Differ From an Expungement?

When you are not eligible for an expungement or record sealing, the only remedy available may be to seek a pardon. A pardon is a type of executive clemency granted by the governor. It is considered to be an extraordinary remedy and is rarely granted. It only applies to cases that have resulted in a conviction. If you are granted a pardon that specifically authorizes expungement, it is then possible to get the record destroyed.

Contact a McHenry County Attorney ● Expunge a Criminal Record

To learn more about expunging a criminal record, sealing an arrest record, or seeking a pardon, contact McHenry County criminal defense lawyers today by calling 815.338.3838 or 800.338.3833. We accept credit cards, offer flexible appointment scheduling, employ numerous fluent speakers of Spanish and offer payment plans. We are conveniently located just off Route 47 near the McHenry County Courthouse, and we can visit you in your home if you are unable to travel.