Expungements

December 19, 2024

Expungement and Criminal Record Sealing Lawyer in Elgin, Illinois

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

Reclaiming Your Life – Expungement Attorney in Elgin, Illinois

Elgin, Illinois, offers its residents a unique combination of small-town charm and big-city convenience. Known for its historic districts, thriving arts scene, and strong community values, Elgin is a place where people work hard to build better lives for themselves and their families. For those burdened by a criminal record, however, the ability to move forward can feel out of reach. Expungement provides an opportunity to remove eligible records and open the door to new possibilities. Our Elgin expungement attorney at the Law Offices of David L. Freidberg is dedicated to helping Elgin residents achieve the fresh start they deserve.

Illinois Expungement and Sealing Laws

December 18, 2024

Criminal Record Expungement Attorney in Naperville, Illinois

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

A Fresh Start Through Expungement in Naperville, Illinois

Naperville, one of Illinois’ most vibrant cities, offers residents a high quality of life with its thriving economy, cultural attractions, and top-rated schools. Yet, even in a community like Naperville, individuals may face the ongoing burden of a criminal record. Whether it stems from a single mistake or a youthful indiscretion, a criminal record can limit your opportunities and affect your ability to move forward. Expungement provides a solution, allowing you to erase or seal your record and build a better future.

The Law Offices of David L. Freidberg is dedicated to helping residents of Naperville and the surrounding areas achieve a clean slate. With extensive experience in Illinois expungement laws, we offer personalized legal guidance to ensure the best possible outcome for your case.

December 17, 2024

Criminal Record Expungement Lawyer in Aurora, Illinois

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

Clear Your Criminal Record with an Expungement Lawyer in Aurora, Illinois

Aurora, Illinois, is a city of opportunity, diversity, and growth. Whether you’re visiting the Paramount Theatre, enjoying the Fox River, or participating in the thriving local economy, Aurora offers something for everyone. However, for those with a criminal record, life in Aurora can feel filled with limitations. A past arrest or conviction can prevent you from getting the job you want, renting an apartment, or pursuing higher education. Fortunately, Illinois law offers individuals a second chance through expungement and record sealing.

At The Law Offices of David L. Freidberg, our Aurora expungement of criminal records attorney helps people in Aurora clear their criminal records and reclaim their lives. With decades of experience, we understand how to navigate Illinois law and advocate for the fresh start you deserve.

October 11, 2024

How to Expunge or Seal Your Criminal Record in Illinois

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

A criminal record can have long-lasting effects on your life, limiting your job prospects, housing opportunities, and even your ability to secure loans. However, Illinois law provides avenues for individuals to expunge or seal their criminal records, giving them a second chance to move forward without the burden of a past conviction. Understanding the process and eligibility requirements for expungement or sealing is crucial for anyone seeking to clear their record.

What Is Expungement and Sealing?

Expungement refers to the complete removal of a criminal record from public view. When a record is expunged, it’s as if the arrest or conviction never occurred. This can significantly improve your chances of obtaining employment, housing, and other opportunities.

June 21, 2024

Clearing Your Criminal Record: Expungements Under Illinois Law

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

In Illinois, the weight of a criminal record can be a heavy burden to bear. It can hinder your chances of securing employment, obtaining housing, and even pursuing higher education. However, Illinois law offers a remedy through the process of expungement, allowing individuals to clear their criminal records under certain conditions. This article delves into the nuances of expungements under Illinois Statutes Chapter 20, Executive Branch § 2630/5.2, explaining the legal framework, potential penalties, the consequences of having a criminal record, and addressing common questions about the expungement process.

The Legal Framework of Expungement in Illinois

Illinois Statutes Chapter 20, Executive Branch § 2630/5.2, provides the legal framework for expunging criminal records in the state. Expungement is a legal process that allows individuals to have their criminal records either destroyed or sealed from public view. This means that once an expungement is granted, the records will not appear in background checks conducted by employers, landlords, or other entities, providing individuals with a clean slate.

November 22, 2019

Acquitted Chicago Cop Has Expungement Request Denied

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

LeRoy Martin, Jr., the Cook County judge presiding over the Dante Servin expungement denied an expungement request after he was acquitted of a fatal shooting during an off-duty altercation with a female bystander.

Judges can consider the strength of the prosecution’s case when deciding whether an expungement is warranted. While there will not be a conviction on his record, the charges will still be available through public records.

Servin faced a bench trial before Judge Dennis Porter. Police officers often request bench trials in these types of situations to avoid juries who may not be sympathetic to their cause. This is especially true in Chicago where police have earned themselves a less-than-stellar reputation as guardians of the community.

September 4, 2019

The Marijuana Algorithm That Will Clean Your Record

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

As Illinois moves to become the latest state to legalize the recreational use of marijuana, many individuals who have criminal records for possession are about to see those records expunged. Under the new law, possession of up to 30 grams of marijuana at a time is authorized by law. Possessing greater quantities, however, is still considered criminal under Illinois Cannabis Regulation and Tax Act.

Law enforcement will use an algorithm to go through all the criminal records in Chicago and expunge any record of possession of marijuana that was at or below 30 grams. Those who have been caught with 500 grams or less can also have their records expunged, but they are required to petition the court to do so. 500 grams is over a pound, so this would be considered trafficking territory.

If you have a conviction for under 30 grams, then you do not have to do anything at all. The court will take care of it automatically and issue you a notice that your record has been expunged. Anything over 30 grams will require you to petition the court for an expungement.

January 4, 2017

How to Obtain Your Rap Sheet in Chicago: Freedom of Information and Access

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

The enactment of freedom of information laws means that the public is a lot more aware of its rights in terms of accessing vital information about the community. This becomes even more critical when the information relates to personal issues such as criminal history. Individuals may request for this information for a number of reasons including application for a job, travel documents, and also as part of a court process. There are certain offenses such as sexual assault that lead to lifetime registrations, which are sometimes opened up to the public. Bureaucratic bottlenecks have sometimes been criticized for making it difficult for individuals to secure access to their rap sheet (otherwise known as a criminal record). However the Police Department Informational Guide sets out a basic framework.

Important Steps When Requesting Access

It is critical to identify the public agencies that you were involved in during or after the arrest. These will typically include the law enforcement agency, the clerk of the court, and the Illinois State Police. The Bureau of Identification of the ISP is ultimately responsible for maintaining and sharing information. At the federal level, the FBI maintains a master database that is accessible in exceptional circumstances. It is important to note that FBI request must be in writing and should indicate why the applicant is entitled to a copy of his or her arrest record. If it is a freedom of information act request, then some background information may be necessary. Ensure that your name and address are included. It is also imperative to send important identification details such as the date and place of birth as well as the applicant’s fingerprints.

December 28, 2016

Expungements and Sealing in Chicago: Possibilities and Limitations

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

For many offenders, the sentence handed down by the court is only the beginning of their punishment. In some ways a criminal record as mandated by the Criminal Identification Act is a much more difficult condition to deal with because it is permanent and insidious. Most people will make judgements about the capabilities and proclivities of an individual based on their criminal record. The people making these judgements are not party to the original case or any of the mitigating circumstances that could explain the person’s behavior at the time. More importantly, the criminal record leaves no room for real rehabilitation. All it does is to ensure that convicted people are forever consigned to the shadowy world of illicit activities. There have been many critiques of the criminal records system over the years including its role in increasing recidivism. However public opinion at the moment is ambivalent about the possibility of expunging records.

A Redemptive Scheme in Chicago

Chicago is one of the states that is exploring new ways of rehabilitating offenders. This is done through the process of sealing or expunging a criminal record for certain offenses, offenders, and circumstances. It is never a clean break because if the media has reported the case then all that is required is a Google search to get everything back up again. Many employers and potential spouses increasingly do those Google searches so either way the individual is stuck with their record unless they change name by deed poll. It is only the most experienced attorneys that are able to successfully get rid of a criminal record. Unfortunately most defendants are so traumatized by the criminal justice process that they end up giving up on any future hopes of redemption. They simply let the record lie as it is stated and resign themselves to a life on state benefits.

February 19, 2016

Sealing Your Criminal Record if Expungement is Not Available

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

If you are not eligible to have your records expunged, what are your options? If you have multiple arrests and convictions, or if you have been convicted of certain Class 3 and Class 4 felonies, you are also not eligible for an expungement of your record. But all is not lost. There is another alternative to expungement of your criminal record, and that is “sealment.” Seek the advice of an expert criminal attorney to find out if you are eligible to have your criminal record sealed if an expungement is not available to you.

Sealing Criminal Records Under the Illinois Criminal Identification Act

Currently under the Illinois Criminal Identification Act, certain records of felonies can be sealed from public scrutiny. Unlike “expungement,” sealed records are not destroyed, they still exist but they are not available to the public. Law enforcement entities, such as the courts and police precincts will still have access to your sealed records. There is an attempt by the Illinois House to expand the Sealing Laws of Illinois. House Bill 5723, if passed, will expand the types of criminal records eligible to be sealed.