It’s possible for an agency or an entity to object to your expungement in Illinois – and that objection can prevent the judge assigned to your case from granting your petition. Here’s what you need to know.
Can Anyone Object to My Expungement Petition?
Police departments, prosecutors and other entities that you listed on your Notice of Filing for Expungement and/or Sealing will have an opportunity to give their opinion on your expungement petition. Here’s how it works:
- Your attorney fills out your expungement paperwork and lists the agencies that have an interest in your criminal record (such as the police department that arrested you and the prosecutor for the county in which you have a criminal record).
- Each agency that’s listed in your petition will have a chance to review it. At that time, they may look at your criminal record and provide an opinion on whether the judge in your case should approve or deny your petition.
- If someone objects, they make a note in the file before passing it along to the court.
- The judge reviews your petition – along with recommendations from the police or prosecutor’s office – and makes a determination.
If the prosecutor objects, for example, the judge will read the notes in your file detailing why. That doesn’t mean the judge will deny your request, but it does mean that he or she will consider another angle.
Related: Can you expunge a weed conviction in Illinois?
How Long Do People Have to Object?
The agencies involved have only 60 days to object to your petition. If the police, the prosecutor or any other interested party doesn’t want your record cleared, they must file the objection within 60 days – and if they don’t, they’re not allowed to come back and object later.
Related: Adult expungement checklist for Illinois
Can You Overcome Objections to Your Expungement Petition?
Though you may not be able to influence the police or the prosecutor, having your attorney put together a complete petition can show the judge that you deserve a fresh start. That may mean including things like a high school equivalency certificate or college degree (or even proof of earning some college credits since your last court case), proof of completion for an alcohol or drug treatment program, or something showing that you’re an actively engaged, productive member of society can help.
Your attorney will determine how to best present your case to the judge to increase your chances of having your petition granted – even if others object. Although there’s no way to guarantee how a judge will rule, your attorney will work hard to get you the best possible outcome.
Do You Need to Talk to a Lawyer About Expunging or Sealing Your Criminal Record?
If you need to speak with an attorney about clearing your criminal record, we may be able to help you. Call us at 847-920-4540 now or fill out the form below for a free consultation.
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