Do I Have to Go to Court for an Expungement?

In many cases, you don’t need to go to court for an expungement in Illinois – but there are some instances that require your appearance. This guide explains.

Do I Have to Go to Court for an Expungement in Illinois?

Sometimes filing a petition is enough – you simply wait for your paperwork to make it through the system and for the judge to make a decision on clearing your criminal record. However, in some cases, people are required to appear in court to expunge a criminal record in Illinois.

Some counties schedule a court date immediately. However, others only schedule hearings if one of the agencies interested in your expungement objects to your request.

Related: Can an employer ask about a criminal record in Illinois?

What is an Objection to Expungement?

Interested parties – such as the Illinois State Police, the agency that arrested you, or the prosecutor – have a chance to object to your petition for expungement. If that happens, you may be entitled to a court hearing.

Your attorney can represent you at this hearing. The purpose of the hearing is to allow you to show the court that you do deserve a fresh start.

Related: Why do you need a Notice of Filing to expunge a record?

What if I Do Have to Go to Court for an Expungement?

If you do have to go to court to expunge your record, your attorney can prepare you for your appearance. Your lawyer will walk you through what’s likely to happen while you’re there, as well as answer your questions about anything related to the process (even what to wear if you’re not sure).

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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