This is the next post in my series on the sealing of expungement of criminal records in Peoria, Illinois. My last post addressed whether one is eligible to expunge their record. It is important to understand that you are not automatically eligible to clear your criminal history; you must meet the state’s time and eligibility requirements in order to do so. If you have questions about such issues then it is best to contact a criminal defense attorney for assistance. In this article I will be addressing the process one faces when filing to seal or expunge their record. My office is able to handle such matters for as low as $499 plus court costs.
The first step in the process is to accumulate your complete criminal history and prepare a Petition which will be filed with the Court. The Petition must be filed in the County which holds the record that you wish to clear and your records must be attached to it. It will be served upon the state, and prosecutors have up to sixty days to object to your Petition. The Court will place the matter on its docket and the Court may or may not hold a hearing. If the prosecution objects for some reason then it becomes more likely that the Court will hold a hearing on the matter. Once the Order has been granted then it will be circulated to various law enforcement entities and they amend their records accordingly. How long it takes for your record to be cleared from all databases will depend on the particular agencies.
It is important to understand that your record is not considered sealed or expunged during the time between your Petition’s filing and the Court’s issuance of a ruling. Some make the mistake of thinking that the matter is resolved as soon as they file their Petition. This is not the case. If, for some reason, your Petition is denied then you may either file a Motion for Reconsideration with the Court or you may appeal your case to an Appellate Court. If the Trial Court abused its discretion in denying your Petition then it may be possible to have the ruling reversed. I discuss these issues further in this video:
While it is not required, it is strongly suggested that you retain an attorney to assist you in handling your case. Hiring a lawyer can help you to ensure that everything is filed properly, that all procedures are followed, and your case is presented to the Judge in the best light possible. Contact my Peoria office today to schedule an initial consultation. I am a former prosecutor who is familiar with our local court system. I have handled many record sealing and expungement cases and I believe that everyone is entitled to effective representation regardless of their history. I am ready to assist you.
I also service the cities of Bloomington, Eureka, Galesburg, Morton, Normal, Pekin, Springfield, and Washington. I also serve the counties of Fulton, Knox, LaSalle, Marshall, Mason, McLean, Putnam, Rock Island, Schuyler, Stark, Tazewell, and Woodford.