Full question:
I am a former resident of Chicago Illinois but lives in Detroit, Michigan now. I was charged with burglary but was acquitted by the court. I would like to get the record of my arrest removed from the public domain. I live out of state, so can I get my record removed through the mail and do I have to appear in court in person?
- Category: Criminal
- Subcategory: Expungement of Criminal Records
- Date:
- State: Michigan
Answer:
According to Section 5.2 of the Criminal Identification Act (20 ILCS 2630/5.2), individuals who have never been convicted of a criminal offense can expunge qualifying arrests, supervision, and probation. Since you were acquitted, you may be eligible for expungement.
Many courts accept expungement petitions by mail. You should contact the circuit clerk of the court where you plan to file your petition to confirm their procedures for mail submissions. However, if a hearing is required, you may need to appear in person. The court might allow an attorney to represent you, but not appearing could risk dismissal of your petition.
The expungement process can take a few months unless there is an objection from the state. Once your records are expunged, you will receive a response by mail from the court or the Illinois State Police. If your petition is denied, you can ask the judge to reconsider or file a notice of appeal to take your case to the appellate court.
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.