Chicago Criminal Expungements Blog
Monday, January 21, 2013
Many people who are charged with a DUI simply want to get rid of the case as fast as possible. The idea of going back and forth to court fighting the case can be torturous. This often convinces people to plead guilty and cut a deal for supervision which is not considered a criminal conviction under the law. Illinois law does not allow for the clearing of a DUI even if the sentence is supervision.
The exception to the rule is that an arrest for a DUI CAN be expunged if the case resulted in a dismissal or a finding of not guilty. Thus an aggressive defense of the case is needed to clear you record permanently. Cutting a deal to plead guilty even for a sentence of supervision can have lifelong consequences that can affect your future.
Contact the Law Offices of M. Fakhoury to not only fight your DUI case, but to Xpunge Your Past and Xpand Your Futre.
Sunday, January 13, 2013
If you are charged with domestic battery in Chicago or Cook County, a finding of guilty or a plea of guilty can have lifelong consequences. Illinois law considers domestic violence particularly offensive and therefore does not allow a conviction of domestic battery to be expunged or sealed.
Many people are falsely accused of domestic battery by a partner to gain leverage in a divorce, custody dispute, or to gain sole occupancy of the home. Unfortunately, those accused of domestic battery simply want the process to end and feel pressured to plead guilty even if they are innocent. The problem is that a plea of guilty to domestic battery will always be in your criminal background and can never be expunged or sealed. While this is bad enough, the stigma of being a domestic offender will likely prevent employers from hiring you and landlords from housing you.
If you are charged with domestic battery there are other options besides simply pleading guilty. Get an attorney who will fight for your case and fight for your future. Contact the Law Offices of M. Fakhoury for more information. ILDefense.com or XpungeChicago.com
Saturday, January 5, 2013
Typically, keeping the past in the past is a wise decision. However, there are exceptions. If you have prior arrests or even convictions on your criminal record, it doesn’t have to remain there.
XpungeChicago is a division of the Law Offices of M. Fakhoury that concentrates on expungements and sealings of criminal records. Even if your record is not eligible for an expungement or sealing, you may nevertheless clear your record by way of executive clemency (also known as a pardon).
XpungeChicago serves all of Cook County (including Chicago and the suburbs), as well as Lake and DuPage Counties. Xpunge Your Past and Xpand Your Future in 2013! Happy New Year!
Saturday, December 29, 2012
As 2012 comes to an end people are coming up with their New Year’s Resolutions. Some resolutions include getting a new job, going back to school, or renting a new apartment. While those resolutions are admirable, the fact of the matter is that an old arrest can prevent you from getting a new job, getting into school, or even living in the home of your dreams.
Employers, universities, and land lords all conduct routine background checks. With so many people looking for jobs in today’s economy, most employers will hire someone with no criminal record. College applications ask if you’ve ever been charged or convicted of a crime and admissions counselors are more likely to admit students who have never been arrested. Even land lords see potential renters with criminal records as a risk.
While new employment, going back to school, and moving are worthy goals for the New Year, your most important resolution should be to clear your criminal record. An expungement or sealing will allow you to achieve those goals and start the New Year off on the right foot.
Make 2013 a great year – Xpunge Your Past, Xpand Your Future.
Sunday, December 16, 2012
Clearing your criminal record is not as simple as one may think. There are several steps that must be taken to properly file an Expungement or Sealing.
1. Rap Sheet: If you are trying to expunge or seal a case that arose from a Chicago Police arrest, you must obtain a copy of your criminal arrest record. You can order your rap sheet from Chicago Police headquarters located at 3510 S. Michigan. A petition to expunge or seal a Chicago case will not be accepted by the Clerk of the Circuit Court if it is unaccompanied by the rap sheet. If any other police department made the arrest, a rap sheet is not required to file the petition.
2. Documents: Next, the appropriate documents need to be completed and signed. Those documents include (1) The Notice of Filing, (2) The Petition to Expunge or Seal, and (3) The Orders Granting and Denying the Expungement or Sealing.
3. Filing Fee: To actually file the expungement or sealing, you must pay a fee. The Clerk of Circuit Court of Cook County currently charges $120 to file an expungement or sealing. That fee includes all of the arrests/cases you have in your background that are eligible for an Expungement or Sealing. The Clerk of the Circuit Court of DuPage County charges $216 per arrest/case.
4. Review Period: Once the petition is filed, the police department that arrested you, the Illinois State Police, and the State’s Attorney’s Office of the county in which you filed all have the opportunity to review your petition and object if they so desire. If an objection is made by one of those agencies, then a hearing is scheduled before a Judge. If there is no objection, then the Judge will have an opportunity to review your case and either grant or deny your petition.
These steps hold true for most Petitions to Expunge or Seal however there are exceptions. More paperwork may be necessary depending on the charge you are attempting to clear. In addition, the court may require a drug test in limited cases.
To get a complete overview of your specific situation, contact XpungeChicago – A Division of the Law Offices of M. Fakhoury. Xpunge Your Past, Xpand Your Future.
Sunday, December 9, 2012
A retail theft can be charged as a misdemeanor or felony under Illinois law depending on the value of the items taken and the defendant’s criminal background. Most retail thefts are charged as misdemeanors and can be expunged if certain conditions are met.
If you are able to get the case dismissed or plead guilty and receive supervision you may be eligible for an Expungement. Contact the Law Offices of M. Fakhoury for a free case review and background check to determine your eligibility.
Xpunge Your Past, Xpand Your Future. XpungeChicago.com
Sunday, December 2, 2012
The United States is considered a melting pot with the most diverse group of people living in one nation. People from other countries seek to live the American dream by immigrating to the United States in order to provide their families with the best opportunities possible. Many immigrants eventual realize the potential for success and apply for citizenship.
Before a person is granted the status of being a “citizen” of the United States, a criminal background check is administered. Pursuant to federal immigration policy, any “conviction” can be a basis to bar admission into the United States. Therefore an arrest and a plea of guilty can prevent you from becoming a U.S. citizen.
Many people familiar with Illinois law realize that pleading guilty to an offense and receiving supervision is not considered a conviction under Illinois law. Although that is true, the federal government feels differently. Supervision is considered a conviction for all intents and purposes when it comes to immigration status and can be a major factor determining entry into the United States.
If you are applying to become a U.S. citizen and have been arrested or found guilty of an offense, it is crucial to have your record expunge to secure entry into the United States. For more information please contact the Law Offices of M. Fakhoury at 847-920-4540 or XpungeChicago.com
Xpunge Your Past, Xpand Your Future.
Sunday, November 25, 2012
Many people are under the mistaken belief that your criminal record gets automatically cleared if your arrest didn’t result in a conviction. The truth of the matter is that the arrest stays on your record indefinitely unless you expunge or seal it.
A case will remain a matter of public record whether it was dismissed, you received supervision, or a conviction resulted. Why leave your arrest out there for the world to see?
Contact the Law Offices of M. Fakhoury to expunge or seal your criminal record in as little as 2 months.
Xpunge Your Past, Xpand Your Future - XpungeChicago.com
Sunday, November 18, 2012
Trying to clear up your record? You filed the Expungement paperwork on your own, paid the court filing fee, and received confirmation? You’re in the clear right??? WRONG!
The prosecutor has a right to objection to your Expungement. The basis for the objection can vary and a hearing is required once an objection is made. If you go to the hearing alone, unrepresented by an attorney, you are held to the same rules and standards as the trained prosecutor standing across from you. Why go into the hearing without the proper representation?
The Law Offices of M. Fakhoury represents clients throughout Chicago and Cook County in these hearings. As a former Expungement prosecutor in Cook County, Mr. Fakhoury has the experience necessary to finally clear your criminal record and put the past behind you.
Xpunge Your Past, Xpand Your Future: XpungeChicago.com
Saturday, November 10, 2012
Many clients wonder how long the entire record clearing process will take. The simple answer is that it depends.
Every county and court district have different procedures and requirements when an expungement or sealing is filed. Some districts within the same county, such as Cook County, take much longer than other districts to clear your record. In addition, the county prosecutor often objects to petitions to expunge/seal criminal records. An objection further delays the process because a hearing before a Judge is required.
Matt Fakhoury – A Chicago Expungement Attorney, assists clients throughout the City of Chicago as well as the suburban districts of Cook County – Skokie, Rolling Meadows, Maywood, Bridegeview, and Markham. Depending on the district and the specific circumstances of your case, we can get your record cleared in as little as 2 to 3 months.
Call us now or visit us at XpungeChicago.com for a free case review.
Saturday, November 3, 2012
Many people are in the unfortunate situation of not being able to clear their criminal record because they simply are not eligible to do so. Illinois law allows for an expungement or sealings in limited cases. For instances, most felonies and even misdemeanor convictions cannot be expunged. However, there are other options.
Executive Clemency or a Pardon can eventually clear your criminal record and has the same effect as an expungement. Even felony convictions can be pardoned despite being ineligible to expunge. A pardon can only be granted by the Governor – currently Pat Quinn.
Do you have cases from your past that you can’t get off your record? Contact the Law Offices of M. Fakhoury to Expunge, Seal, and Pardon your criminal record.