Chicago Criminal Expungements Blog

Tuesday, June 25, 2019

Can You Seal an Arrest for Domestic Battery if You Weren't Convicted?

For many people, having a criminal record is a huge pain. It goes everywhere you go - landlords see it, potential employers see it, and it even pops up in background checks that just about anyone can do. Having that criminal record can even hold you back from doing the things you want to (and need to) do.

The good news is that you can have some convictions and some arrest records sealed. Some convictions can't be sealed, though, and one of them is domestic battery.

However, if you have been arrested but you were never convicted, you can ask the court to seal your record.

How to Seal a Domestic Battery Arrest Record

In many cases, people find that it's easier to work with a criminal record sealing attorney.

You do need to know that you can't seal a domestic battery conviction on your record. You can only seal an arrest for domestic battery if you were not convicted of the crime. (There are other convictions that do qualify for sealing - but domestic battery is not one of them.)

If you have a domestic battery arrest but no conviction, you could be eligible for criminal record sealing. The first thing you need to do is get a copy of your entire criminal record. If, based on your record, you're eligible for sealing, you'll have to file the right petitions with the court and pay a filing fee. From there, the state's attorney has the chance to object to your petition or to inform the court that he or she won't object.

Let's say the state's attorney does object. In that case, you might be entitled to a hearing. (Your attorney will represent you at the hearing, present evidence and argue on your behalf.)

If the state's attorney does not object, the petition will go straight to the judge's desk.

When the judge grants the order sealing your criminal record, the agencies that have your record and the Illinois State police will seal them from public view.

Do You Need to Talk to a Lawyer About Sealing Your Criminal Record?

We may be able to help you seal an arrest for domestic battery if you were not convicted of the crime. Call us right now at 847-920-4540 to talk about your options in a free consultation.


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