Illinois Felony Expungement Lawyers

Criminal Defense Attorneys Assisting with Felony Expungement in DuPage County and Cook County

So you make a mistake and find yourself under arrest for a felony criminal offense in Illinois. Regardless of how the case turns out, you will have an arrest record that will likely impede your progress in many areas of your life. You cannot afford to leave your future scarred by an arrest.

Did you know that, in Illinois, some felony arrests or crimes may be cleared from your record by the court? The process under Illinois law is called expungement and sealing. The experienced criminal defense attorneys at Kathryn L. Harry & Associates, P.C. facilitate the successful expungement of felony records for a growing number of clients in and around the communities of DuPage County and the Chicago metro area.

Our attorneys consider your options to have your record expunged or sealed from the moment we are retained to represent you on any criminal charge, especially felonies. Our first goal is to position you to have your record erased at the earliest point of eligibility. When you have met all requirements under the Illinois Criminal Identification Act and you have waited for the required amount of time, we may petition the court to have those eligible charges involving felony criminal offenses expunged from your record. With one call, our lawyers can be by your side.

Felony Expungement Laws in Illinois

Illinois law allows certain felony arrests that do not end in a conviction to be expunged from your record if you are free of any prior convictions and meet other eligibility requirements. Most felonies for which you were convicted cannot be expunged. Expungement is not available for a felony driving under the influence (DUI), for example, or in most cases where you were sentenced to jail time, conditional discharge, or probation.

Expungement may be granted for Class 4 felony drug possession arrest, if you were charged and found not guilty, or if the charges were nolle prosequied, stricken with leave to reinstate (SOL), or dismissed. If you were found guilty or pled guilty to a first-time Class 4 felony drug possession, you may still be eligible for expungement if you received a sentence of 410 probation, 710 probation, "first offender" probation, TASC probation, or 2nd Chance probation.

Although you could handle the application for expungement yourself, it is recommended that you retain an expungement attorney who has the experience and knowledge to move you through the process expeditiously and correctly. Almost all felony expungements will be objected to by the Office of the State's Attorney due to the nature of the charge being a felony.

Even if you were found "not guilty" or the charges were dismissed after a Preliminary Hearing, your arrest record still exists. And, the court is not obligated to grant your Petition to Expunge or Seal. It is in the court's discretion as to whether your expungement or seal will be granted. Once an objection to your Petition to Expunge or Seal is made, you will be required to appear in court to testify as to why, under Illinois law, your case should be expunged. The court will want to know why it is in the best interest of the public to clear your record.

Our expungement attorneys are very experienced in representing defendants in court at expungement and sealing hearings. We have successfully helped hundreds of men, women, and young people obtain an expungement or seal court order requiring their records be erased or cleared by the officials.

What Does Expunging Your Criminal Record Involve?

There are many factors that are considered if you can get your criminal record cleared, which includes the following:

• Complying with all terms of your sentence, if any.
• Waiting the necessary amount of time after your case is disposed of.
• Filing a petition with the circuit court.
• Serving notice of the petition on four governmental agencies: (1) Illinois State Police, (2) the law enforcement agency where you were arrested, (3) the chief legal officer of the local municipality for that police or sheriff's department, and (4) the County State's Attorney.
• Appearing in court for a hearing.

Contact an Oak Brook, IL Criminal Defense Attorney

The experienced attorneys at Kathryn L. Harry & Associates, P.C. believe that any record eligible for expungement, or at least sealing, should be cleared. The expungement laws are tricky and can be difficult to navigate on your own. To request legal assistance, contact our DuPage County criminal defense lawyers at 630-472-9700 for a free consultation to inquire about your options. Our attorneys will tell you what you need to know and advise you as to whether your particular case qualifies for expungement or sealing. We provide legal representation in Lombard, Wheaton, Hinsdale, Downers Grove, Westchester, Burr Ridge, Western Springs, and surrounding areas.