Expungement of Criminal Records Attorney in Mount Prospect, Illinois

Law Offices of David L. Freidberg, P.C.

– A Fresh Start for Your Future

Mount Prospect, Illinois, located in Cook County, is a picturesque suburb known for its welcoming neighborhoods, outstanding schools, and thriving business community. Despite its idyllic setting, residents of Mount Prospect may face the challenges of living with a criminal record, whether from past mistakes or misunderstandings. Having a criminal record can limit your opportunities and carry a stigma that affects many aspects of life. Fortunately, Illinois law allows for expungement and sealing of criminal records, giving individuals a chance to start fresh.

Our Mount Prospect expungement of criminal records attorney at the Law Offices of David L. Freidberg is committed to helping residents of Mount Prospect restore their records and their futures. We provide knowledgeable and compassionate legal representation to navigate the complexities of the expungement and sealing process.

Expungement and Record Sealing Laws in Illinois

Expungement and record sealing in Illinois are governed by 20 ILCS 2630/5.2, which outlines the rules for erasing or restricting access to criminal records. Expungement completely removes an arrest or case from public records, as if the event never happened. Sealing, while not as comprehensive, limits access to the record to law enforcement and certain other agencies, making it invisible to most background checks.

Eligibility for expungement or sealing depends on the outcome of your case. Arrests that did not result in charges, acquittals, and cases dismissed after court supervision are typically eligible for expungement. Certain non-violent misdemeanor and felony convictions may qualify for sealing, provided statutory requirements and waiting periods are met. However, violent crimes, DUI convictions, and certain sex offenses are generally not eligible for either expungement or sealing.

For example, someone arrested for a misdemeanor theft charge under 720 ILCS 5/16-1 that was later dismissed may be eligible for expungement. Similarly, a conviction for possession of cannabis under 720 ILCS 550/4 may qualify for sealing after the waiting period has passed.

The Impact of a Criminal Record

A criminal record can have wide-ranging consequences that extend beyond legal penalties. Employers, landlords, and educational institutions often conduct background checks, and a record can result in denial of jobs, housing, or admissions. In addition, professional licensing boards may deny applications based on criminal history, making it difficult to enter certain careers.

The social impact of a criminal record is also significant, as it can create stigma and strain relationships. By pursuing expungement or sealing, you can remove or limit access to your record, opening up opportunities for employment, education, and personal growth.

How Criminal Records Are Created in Illinois

Criminal records begin with an arrest. Law enforcement officers document the details of the arrest, investigation, and any charges filed. This information is entered into databases accessible by law enforcement, courts, and, in some cases, the public.

If charges are filed, the case proceeds to arraignment, pretrial motions, and potentially a trial. Each step of the process adds to the criminal record, including plea agreements, convictions, and sentencing outcomes. Even if charges are dismissed or the defendant is acquitted, the record of the arrest and case remains unless expunged.

The Process of Expungement and Sealing

The expungement or sealing process begins with determining eligibility. This involves reviewing the details of the case, the type of offense, and the final disposition. A petition must be filed with the court, including all relevant case details and supporting documents. The State’s Attorney’s Office and other agencies may object to the petition, requiring a court hearing to resolve the matter.

A successful petition for expungement results in the complete removal of the record, while sealing limits access to the record. Both remedies offer significant benefits, but the process can be complex and time-consuming, making legal representation essential.

The expungement process involves strict legal requirements and deadlines that can be challenging to navigate without assistance. An experienced attorney can ensure that your petition is properly prepared, deadlines are met, and any objections are effectively addressed in court. The Law Offices of David L. Freidberg provides comprehensive assistance with expungement and sealing, helping clients in Mount Prospect achieve the fresh start they deserve.

Call Us Today for a Free Consultation

If you’re seeking expungement or record sealing in Mount Prospect, Illinois, the Law Offices of David L. Freidberg is here to help. Contact us today for a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. Serving Mount Prospect, Chicago, and the surrounding counties, we are committed to helping you reclaim your future and move forward without the burden of a criminal record.

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