An expungement allows for the removal of certain arrest records, dismissals, or acquittals from a criminal record. Expungements are always available if the charge is dismissed and the individual has no other convictions (DUI convictions, however, cannot be expunged.) The expungement process typically takes four months to complete. Expungements erase the charge at the county and state levels.
At the law firm of Polinske & Associates, P.C., we have obtained expungements for many clients. To learn more about clearing a criminal record, contact an Edwardsville expungement lawyer. We often work with college students or individuals who know they will be seeking new employment in the near future.
Reasons for Seeking an Expungement
We regularly recommend clients who have obtained a dismissal — either straight or after supervision periods — to pursue an expungement. Reasons for seeking an expungement include:
- Preventing a future employer from discovering the arrest; since Edwardsville contains SIU-E this reason alone is cause for concern by prospective graduates.
- Removing the possibility that a prosecutor will discover the arrest information and attempt to use it against a client in another separate, future case.
- Removing the arrest from public view. For self-employed individuals and professionals this is of utmost importance.
The cost to expunge a case is relatively low. The benefit to you can be substantial. One example that I can relate to you is a former client (a chief of police) who was charged with domestic battery. We contested the case and after trial won it. Although he was acquitted of the charge he was unable to acquire another chief's position in the area. He had vast experience as an officer and chief. He had a substantial Vietnam active service record with an Honorable Discharge but was still having difficulty obtaining another position. We concluded that the domestic battery arrest was the culprit. He hired us to expunge the arrest and has since had absolutely no problems obtaining new law enforcement positions. In fact, today he runs a large security organization in St. Louis, Missouri.
How the Expungement Process Works
An expungement is a statutorily created remedy allowing one to remove the arrest record from one's criminal history. Typically, a petition is filed, filing fees paid (normally three separate fees totaling approximately $126) and the petition is set for an evidentiary hearing. The state's attorney, Illinois State Police, and if applicable, the local agency is granted 30 days within which to file an objection to the petition. Normally, no objection is filed. However the court must wait the allotted time period nonetheless. The court grants the petition and at that time the county level record is removed from the court records. The orders directing both the Illinois State Police and local authorities are then directed to each. The entire process takes about four (4) months from start to finish. When successful the arrest record is removed all the way up to and including the state level. One caveat — this process does not guarantee removal from the federal level records.
We normally do not require the client to appear in court as this is a legal procedure that does not require any facts other than those which have already been gained in the criminal charge file. This means no testimony is required.
Expunging Domestic Battery Charges
After criminal charges are dismissed, we advise our clients to expunge all domestic battery charges. The reason is to avoid any future problems with background checks or Firearm Owner's Identification Card (FOID) applications. The mere fact that an individual is arrested can deprive him or her of employment opportunities. Expungement is a statutory process that erases the arrest from a criminal record. It's relatively straightforward, and results in this situation are guaranteed.
What Are You Waiting For?
Call us today to learn if an expungement can help you clear a felony record. Contact us by e-mail or call us at 618-505-4213 (877-632-3089 toll-free). A free criminal law consultation is available when and where you need it.
Recent Successes
August 2011- Expungements - Five separate clients were granted expungements by the Court this week alone. They were for a variety of charges including retail theft, cannabis possession, and battery.
