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Frequently Asked Questions
Q: What is expungement?
A: Expungement is a legal process that allows individuals to have their criminal records erased or removed from public view. It effectively treats the records as if they never existed, providing a fresh start and reducing the impact of past convictions.
Q: What is the difference between expunging and sealing a record?
A: While the terms are sometimes used interchangeably, there is a subtle distinction between expungement and sealing. Expungement typically involves completely erasing or destroying the records, while sealing restricts access to the records, making them unavailable to the general public. Sealing still allows certain entities, such as law enforcement, to access the records, whereas expungement aims to eliminate public visibility entirely.
Q: Why do I need a lawyer to fill out the expungement paperwork?
A: Hiring a lawyer for expungement is highly recommended for several reasons. Firstly, expungement laws and procedures can be complex and vary by jurisdiction. A lawyer with expertise in criminal law and expungement can navigate the legal requirements, ensure proper documentation, and advocate on your behalf. They can assess your eligibility, gather necessary evidence, and present the strongest case for expungement. Additionally, legal professionals can provide guidance on the potential consequences of expungement and help you understand the long-term implications.
Q: How long does it take to have a matter expunged?
A: The duration of the expungement process can vary significantly depending on various factors, such as the jurisdiction, the complexity of the case, and the efficiency of the legal system. It may take several months for the process to be completed. Working with an attorney who is familiar with the expungement process can help ensure that all necessary steps are taken efficiently and accurately, expediting the overall timeline.
Q: Does the $499 flat fee cover all the expenses related to expungement?
A: The $499 flat fee covers the cost of having the necessary paperwork prepared for the expungement of a single eligible offense. However, it's important to be aware that there may be additional expenses involved. These additional costs can include court filing fees, which vary depending on the jurisdiction and the specific requirements of your case.
Q: Why can't traffic matters or convictions be expunged in Illinois?
A: In Illinois, the state law does not allow for the expungement of traffic matters or convictions. The decision not to include traffic offenses in the expungement eligibility criteria is a result of legislative choices and public policy considerations. Traffic violations are typically categorized as civil infractions or minor criminal offenses, and the legal system treats them differently from more serious crimes. Expungement is generally reserved for criminal offenses, and traffic matters are not included in that scope.
Q: Can anyone get their record expunged?
A: The eligibility for expungement varies depending on jurisdiction and specific criteria defined by the law. Generally, eligibility is based on factors such as the nature of the offense, the severity of the conviction, the time that has passed since the conviction, and whether the individual has fulfilled all the terms of their sentence. Consulting with a legal professional can help determine if you meet the eligibility requirements for expungement.
Q: How do I start the expungement process?
A: The expungement process typically begins by filing a petition with the appropriate court or agency. The petition will require specific information about your case, including the charges, conviction details, and supporting documentation. It is advisable to seek legal assistance from an attorney experienced in expungement matters to ensure that the process is carried out correctly and to increase the likelihood of a successful outcome.