Full question:
I was arrested for domestic battery. The states attorney did not pursue it due to the fact that I have no history of any arrests and a clean record until now. I am pro se....what is the process by which I expunge the arrest record? What steps & forms are required to get this arrest record expunged?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Illinois
Answer:
Expungement and sealing are ways to limit access to criminal records.
This information does not apply to every case, however, and you must go to the Clerk of the Circuit Court in the county where charges were brought against you to start the process.
Ultimately, a judge decides if your criminal record can be expunged or sealed.
The procedure starts with you going to the Clerk of the Circuit Court in the county where
charges were brought against you. The Clerk of the Circuit Court will assist you in filing the necessary papers and paying fees.
You do not have to hire an attorney to clear your record, but you may hire one to help you, if you choose. If you would like to hire a lawyer but cannot afford one, please contact a legal aid service.
Please note there is a difference between expungement and sealing a crimina record. Expungement results in a record being destroyed. Sealing means the record is kept confidential and can only be reviewed for limited law enforcement and sentencing purposes.
In Illinois, sealed criminal history records are not released to employers.
Although convictions may be harder to expunge, you can usually seal records of misdemeanor convictions if you have had a clean record in recent years.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
