Aurora Expungement of Criminal Record Lawyer

Experienced Criminal Record Expungement Attorney in Aurora

Aurora, Illinois, known as the “City of Lights,” is the second-largest city in the state and a bustling hub of culture, commerce, and opportunity. Located in the western suburbs of Chicago, Aurora offers its residents a rich history, a thriving arts scene, and access to growing industries. However, for individuals burdened with a criminal record, the opportunities Aurora provides can feel out of reach. A past arrest, charge, or conviction can impact job prospects, housing opportunities, education, and even personal relationships. For those who want a fresh start, Illinois law allows for the expungement or sealing of certain criminal records. At The Law Offices of David L. Freidberg, our Chicago expungement attorney is dedicated to helping clients in Aurora and across Illinois clear their records and reclaim their future.

Understanding Illinois Law on Expungement and Sealing

Expungement and record sealing are governed by the Criminal Identification Act under 20 ILCS 2630/5.2. Expungement completely erases a criminal record, while sealing restricts access to the record so it is not available to the general public, though some law enforcement agencies may still view it. Whether your record can be expunged or sealed depends on the type of offense, the final disposition of the case, and your overall criminal history.

Illinois distinguishes between misdemeanors and felonies, which impacts eligibility for expungement. For example, a conviction for a Class A misdemeanor, such as simple battery or theft of property under $300, may not be eligible for expungement but can sometimes be sealed. On the other hand, arrests, dismissed charges, and acquittals are generally eligible for expungement.

If you have been convicted of a Class 4 felony, such as possession of a controlled substance or retail theft over $300, you may qualify for record sealing rather than expungement. Felony convictions for violent crimes, sex offenses, or DUI charges cannot be expunged or sealed under Illinois law. Understanding the differences between expungement and sealing, as well as which statutes apply to your case, is critical for achieving the outcome you desire.

The Criminal Case Process and Impact of a Conviction

Criminal cases in Illinois begin with an arrest or a criminal investigation. Law enforcement collects evidence, such as physical items, witness statements, and electronic data, to build a case against the accused. If enough evidence exists, the prosecutor files charges, and the defendant is arraigned in court. The case then moves through pretrial proceedings, including motions, discovery, and plea negotiations, before reaching trial.

The burden is on the prosecution to prove the charges beyond a reasonable doubt, but a conviction—whether for a misdemeanor or felony—can have lifelong consequences. Immediate penalties may include jail time, fines, probation, and mandatory programs, while the collateral effects can persist for years. A criminal record can impact employment, housing, educational opportunities, and professional licensing. Even a dismissed case or arrest without conviction can appear on background checks and damage your reputation.

Expungement and record sealing offer individuals a second chance by removing these barriers. By clearing your record, you can move forward with confidence, knowing that past mistakes no longer define your future.

How the Expungement Process Works in Illinois

The expungement process in Illinois involves several critical steps. First, a petition for expungement or record sealing is filed with the circuit court in the county where the case was heard. The petition must include detailed information about the offense, the disposition of the case, and supporting documentation. Once filed, the court schedules a hearing to determine eligibility and consider any objections from law enforcement or the state’s attorney.

During the hearing, your attorney presents evidence to support your petition, such as proof of rehabilitation, a clean record since the offense, and the hardship caused by the presence of a criminal record. If the court approves the petition, the records are either expunged or sealed, depending on eligibility. Expunged records are destroyed, while sealed records are made inaccessible to the public.

The process can be complex, and any errors in the petition or failure to meet eligibility requirements can result in denial. Working with an experienced attorney ensures that your petition is accurate, complete, and compelling, improving your chances of success.

Types of Evidence Used in Criminal Cases

Before understanding how to clear your record, it is helpful to recognize the types of evidence that law enforcement collects during a criminal case. Evidence may include physical items, such as stolen property or drugs, and forensic evidence, such as fingerprints or DNA. Witness statements and testimony are also crucial components of a case, as are electronic records like text messages, emails, and surveillance footage.

Law enforcement relies on this evidence to build a case against the accused, but not all evidence is reliable or admissible in court. A strong criminal defense attorney can challenge the validity of evidence, question how it was obtained, and identify any violations of your constitutional rights. While this evidence may have contributed to an arrest or charge, expungement gives you the opportunity to leave those allegations in the past.

The Benefits of Expungement and Why You Need an Attorney

The benefits of expungement and record sealing extend beyond removing criminal records from public view. Clearing your record can help you secure employment, advance your career, obtain housing, and pursue educational opportunities without fear of discrimination. Expungement also provides peace of mind, allowing you to move forward with your life without the stigma of a criminal record.

While the process may seem straightforward, expungement and sealing laws are complex, and eligibility requirements vary depending on the type of offense and the outcome of the case. A skilled attorney can evaluate your record, determine eligibility, and guide you through every step of the process. From filing the petition to representing you at the hearing, your attorney ensures that your case is presented effectively and persuasively.

Qualities to Look for in an Expungement Lawyer

When seeking an expungement lawyer, it is important to find someone with extensive knowledge of Illinois criminal law, strong communication skills, and a proven history of helping clients clear their records. An effective attorney will listen to your concerns, explain the process clearly, and work diligently to achieve the best possible outcome.

Questions to Ask a Lawyer During a Consultation

During your initial consultation, ask questions that help you understand the attorney’s approach and experience. Consider asking how many expungement cases they have handled, what factors might affect your eligibility, and what outcomes you can expect. Understanding their strategy and level of commitment will help you make an informed decision.

Frequently Asked Questions About Expungement in Aurora, Illinois

Many people in Aurora have questions about the expungement process and how it applies to their specific situation. Some common questions include:

Can all criminal records be expunged in Illinois?
Not all records are eligible for expungement. Arrests, dismissed charges, and acquittals can usually be expunged, but convictions for violent crimes, sex offenses, and DUIs cannot. Certain felony convictions may be eligible for record sealing instead.

How long does the expungement process take?
The process typically takes several months, depending on the court’s schedule and whether there are objections to the petition. An experienced attorney can help streamline the process and address any challenges that arise.

Will expunged records show up on background checks?
Once a record is expunged, it is removed from public access and will not appear on most background checks. However, sealed records may still be visible to law enforcement and certain government agencies.

What is the difference between expungement and sealing?
Expungement erases a record entirely, while sealing restricts access to the record but does not destroy it. Both options remove records from public view, but eligibility depends on the nature of the offense and its outcome.

Do I need an attorney to file for expungement?
While you are not required to hire an attorney, the process can be complex, and any mistakes can delay or jeopardize your petition. An attorney ensures that your petition is accurate, complete, and persuasive, improving your chances of success.

Why You Should Choose The Law Offices of David L. Freidberg

Clearing your criminal record is a life-changing opportunity that requires the skill and knowledge of an experienced attorney. At The Law Offices of David L. Freidberg, we have decades of experience helping clients in Aurora and throughout Illinois expunge or seal their records. We understand the impact a criminal record can have on your life, and we are committed to providing the guidance and advocacy you need to move forward.

Call Us Today For Your Free Consultation

If you are seeking to expunge your criminal record in Aurora, Illinois, contact the Law Offices of David L. Freidberg for your free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. Serving Aurora and all of Chicago, including Cook County, DuPage County, Will County, and Lake County, we are ready to help you reclaim your future.