You don’t have to let your criminal record define you – and you certainly don’t have to let it hold you back from doing the things you want (or need) to do.
You may be eligible for criminal record expungement or sealing in DuPage County, and XpungeChicago can help.
Expungement in DuPage County
Expungement is an administrative process that erases your criminal record; after the process is complete, it’s like nothing ever happened. If you’re like many people in DuPage County, expungement is the perfect solution for you.
Do You Qualify for Expungement in DuPage County?
Not all criminal records are eligible for expungement. However, you may still be able to seal criminal records that don’t qualify for expungement.
You may be able to expunge:
- Arrests for misdemeanors and felonies that never resulted in a conviction
- Sentences for supervision, as long as you’ve waited the appropriate amount of time
- Sentences for qualified probation, as long as you’ve waited the appropriate amount of time
- Convictions that have been reversed, vacated, pardoned by the governor or approved by the Prisoner Review Board
- Some nonviolent Class 3 and Class 4 felonies if you’re an honorably discharged veteran of the Armed Forces
If your record is eligible – or if some of the items on your record are eligible – you can petition the court for an expungement. However, in some cases, you do have to wait a certain amount of time before you can apply for criminal record expungement. The table below outlines the waiting times in DuPage County.
Dismissed or Dropped Charges
|Acquittal (Found “Not Guilty”)
||Sentenced to Supervision
Sentenced to Special Probation
|You can ask the court to clear your record immediately.
||You can ask the court to clear your record immediately.
||You must usually wait until 2 years have passed since you successfully completed your supervision.
||You must usually wait until 5 years have passed since you successfully completed your probation.
How to Expunge Your Record in DuPage County
Here’s how expungement works in DuPage County:
- You explain your situation to your expungement attorney.
- Your attorney conducts a background check to get your full criminal history, which he’ll need to clear your name.
- Your lawyer determines whether you’re eligible for expungement. If you’re not, it’s okay – you may still qualify for criminal record sealing.
- You provide your attorney with supporting documentation that can help show the judge assigned to your case that you deserve a fresh start. That may include things like negative drug test results or proof that you completed your sentence.
- Your attorney completes a petition to ask the court to erase your criminal record (or the parts of it that are eligible for expungement).
- Your attorney files the petition and supporting documentation with the court, and you pay the filing fee.
- The state’s attorney reads your petition and reviews your case. The state’s attorney can object to the petition based on his or her review of the case. However, if the state’s attorney objects, you may be entitled to a hearing – and either way, your case goes on to other parties who have an interest in objecting or agreeing. Your petition eventually ends up in front a judge.
- The judge reads the state’s attorney’s recommendation (as well as other recommendations) and decide whether to expunge your record.
- If the judge decides to expunge your record, he or she will issue an order to the County Clerk, the arresting agency, the Illinois State Police and the FBI to clear your record.
Who Can See Your Expunged Records?
Nobody can see your expunged records – not in DuPage County or anywhere else. That’s because they no longer exist. When a judge grants your petition for expungement, your records are destroyed or returned to you.
Ready to learn more? Download your free Illinois expungement e-book.
What if Your Record Doesn’t Qualify for Expungement in DuPage County?
If your record doesn’t qualify for expungement in DuPage County, don’t worry – there’s still hope. You may be able to seal your criminal record instead.
Sealing is similar to expungement, and the process is almost the same. Your DuPage County expungement attorney can help you seal your criminal record so that most people won’t see it. In fact, that’s the main difference between expungement and sealing – if your record is expunged, it’s erased, but if it’s sealed, it still exists and some people can still access it.
Who Can See Your Sealed Records?
Your sealed records won’t be available to the public, and they’re not going to come up on standard background checks. They will, however, come up on fingerprint-based background checks (like the ones the police use). The people who will still be able to see your record include:
- The Illinois State Police
- Prosecutors who are working in an official capacity
- State’s attorneys
- The courts
- The Department of Corrections (but only if you’re convicted of another offense)
- Some employers that require fingerprint-based background checks
What Can You Seal From Your Criminal Record?
Several offenses that aren’t eligible for expungement qualify for sealing. In fact, you can seal most misdemeanor and felony convictions. The exceptions include some driving crimes, violent crimes, and those involving animals. If you’re not sure whether your record qualifies, call us – we’ll be happy to let you know whether you’re eligible for expungement, sealing, or both.
What You Can’t Seal
Some things must stay on your criminal record forever, including:
- Class A misdemeanors under the Humane Care for Animals Act
- Dog Fighting
- Domestic battery or aggravated domestic battery
- Driving under the influence
- Felony public indecency
- Misdemeanors listed under Article 11 of the Criminal Code
- Reckless driving
- Sex offenses that require you to register as a sex offender under the Sex Offender Registration Act
- Soliciting or patronizing a prostitute
- Violation of an order of protection, a civil no-contact order or a stalking no-contact order
Why You Should Call a DuPage County Expungement Attorney Now
If you have a criminal record, why let it hang over your head for the rest of your life? You shouldn’t have to – and we can help. We’ll make the whole process easy on you by:
- Filling out your petition
- Filing your petition and supporting documentation
- Monitor your petition’s progress
- Represent you at a hearing if you’re entitled to one because the state’s attorney objects to your expungement
- File a motion to reconsider if the judge chooses not to expunge your record
You don’t have to worry about a thing – we’ll handle the whole process for you.
Talk to an Expungement Attorney in DuPage County FREE, Right Now
We know it’s tough. It’s hard to get motivated when the cards are always stacked against you. But we can help you start moving forward – and if you’re eligible, we can move the biggest obstacle in your way: your criminal record.
Call us at 847-920-4540 or fill out the form below. We’ll answer all your questions and work hard to get you the best possible outcome.
Expungement Lawyer DuPage County Illinois | Expungement Attorney DuPage County IL