Chicago Criminal Lawyer Blog
Expungement Lawyer in Lincoln Park, Illinois – A Path to a Clean Slate
Lincoln Park is one of Chicago’s most dynamic neighborhoods, known for its bustling streets, cultural attractions, and diverse community. While it’s a place of opportunity, those with a criminal record may find themselves unable to fully embrace the advantages Lincoln Park offers. A criminal record, even for a minor offense, can create lasting barriers. Our Lincoln Park criminal record expungement attorney at the Law Offices of David L. Freidberg helps clients in Lincoln Park and beyond navigate Illinois’ expungement and sealing laws, giving them the tools to move forward.
Illinois Expungement and Sealing Laws
Illinois law distinguishes between expungement, which removes a record entirely, and sealing, which restricts access. These processes are outlined in 20 ILCS 2630/5.2. Expungement is generally available for cases that did not result in a conviction, such as arrests, dismissed charges, and certain diversion programs. For example, if charges for theft under 720 ILCS 5/16-1 were dropped, the record could be expunged.
Sealing, on the other hand, is available for many misdemeanor and some felony convictions, provided they meet eligibility requirements and waiting periods. Convictions for violent or sexual offenses are typically excluded. For example, a Class 4 felony drug possession conviction under 720 ILCS 570/402 may be eligible for sealing after a three-year waiting period.
The Impact of a Criminal Record
A criminal record can create significant obstacles in daily life. Employers, landlords, and educational institutions often conduct background checks, and a record can limit opportunities. Even if the offense was minor or occurred years ago, its presence can affect your future. Expungement and sealing provide a chance to overcome these barriers, restoring access to jobs, housing, and other opportunities.
How Records Are Created and the Criminal Process
Criminal records are created when an individual is arrested or charged. In Illinois, the process begins with an investigation, during which law enforcement gathers evidence. If sufficient evidence exists, the individual is arrested, creating a record.
The legal process includes arraignment, pretrial motions, and potentially a trial. Even if the case results in an acquittal or dismissal, the record remains unless expunged. Cases resolved through plea agreements or diversion programs also leave a record that may be eligible for sealing or expungement.
The Process of Expungement and Sealing
Expungement and sealing involve multiple steps, starting with eligibility determination. Non-convictions, such as dismissed charges, are generally eligible for expungement, while sealing may be available for qualifying convictions. The process requires filing a petition, notifying relevant parties, and potentially attending a hearing.
A judge reviews the petition and decides whether to grant the request. If successful, the records are either erased (expungement) or restricted from public view (sealing).
Why You Need an Attorney
Expungement and sealing involve complex legal procedures. Our criminal defense attorney ensures that your petition is complete, accurate, and filed correctly. They also advocate on your behalf if objections arise, increasing the likelihood of success. The Law Offices of David L. Freidberg has a long history of helping clients clear their records, providing personalized guidance every step of the way.
Call Us Today for a Free Consultation
If you’re seeking expungement or record sealing in Lincoln Park, 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 Lincoln Park, Chicago, and the surrounding counties, we are committed to helping you reclaim your future and move forward without the burden of a criminal record.
