If you have a criminal record that you want to clear, you’re probably wondering how long the process takes. This guide explains how long expungement takes in Illinois.
How Long Does Expungement Take in Illinois?
In a typical case, expungement takes about six months in the state of Illinois. However, there are factors that can speed up the process or that can make it take longer period every case is different, so there’s really no way to predict exactly how long yours will take. However, your Chicago expungement attorney will be able to give you a ballpark idea based on recent cases he’s handled.
Related: Does a criminal record stay with you forever?
Why Does Expungement Take So Long?
Expungement isn’t a simple process. In fact, it’s very involved.
The expungement process begins when your attorney files a petition with the court that has jurisdiction over your case. From there, your petition has to go through several people; those people have the option of recommending approval or denial.
After everyone has seen your file and your request, it finally makes its way to a judges desk. The judge then reviews all the information, including the recommendations for approval or denial, and makes a decision.
After a judge makes a decision on your expungement case, the court sends out an order to all the agencies that have your criminal record. The order directs these agencies to destroy your criminal record or return it to you. It may take some time for these agencies to comply with the order. That means your record may not be officially cleared immediately after receiving a thumbs up from the judge in your case.
Related: The complete guide to expunging your FBI record
Who Has to Get “Eyes-On” My Criminal Records and Expungement Petition?
All interested parties we’ll review your petition. These parties may include the arresting agency, the state’s attorney and others involved in the criminal justice system. Each of these people has the option to recommend approval or denial of your expungement request.
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If you have a criminal record that you want to clear, you’re probably wondering how long the process takes. This guide explains how long expungement takes in Illinois.
What if Someone Recommends Denial?
It’s okay if someone recommends denial of your expungement request. That doesn’t necessarily mean that a judge will ultimately deny your petition. It just means the judge will have to review why that person believes you’re not deserving of expungement. Often, people are entitled to a hearing in situations like these.
Your expungement lawyer will represent you at your hearing. This hearing gives you an opportunity to argue your case and show the judge why you do, in fact, deserve an expungement.
Do You Need to Talk to an Attorney About Expungement or Sealing?
If you’re tired of your criminal past coming back to bite you, we may be able to help. Call us right now at 847-920-4540 or fill out the form below so we can talk about your case.
