Legal Question in Criminal Law in Illinois
expungment of record
About 2 years ago my son was chrged with theft at sears while employed there. We hired an attorney and in the end all charges were dropped and the lawyer said it would not be on his record. My son is in college now and when he applied for a job the incident came up on background check. We were told he has to have his record expunged ? How do we do this as I can not find lawyer that handled his case and why did he say it would not be on his record but it is?
3 Answers from Attorneys
Re: expungment of record
Although the charges were dismissed, the arrest for the crime will still be on your son's record. As such you will need file a Petition to Expunge the arrest records. Each County has their own way of filing the Petition, but they are all pretty much the same. The arrest records will remain on your son's records unless they are physically "expunged" from the court file. Hope this helps. You can email me at [email protected] if you need any follow up. Good luck!
Re: expungment of record
If the charges were dropped, then it can be expunged. What shows up on your son's record is the arrest. I can hande the expungement. Please contact my office.
Re: expungment of record
There will be no record of a conviction on your son's record. The arrest is still there. An expungement is a court proceeding that allows your son to clear his record. If granted then it will be as if the arrest never happened. However, the FBI will have a record of the arrest since the Circuit Courts in Illinois have no jurisdiction over them. In Cook County, in the suburban court districts, there is a hearing to determine if the record will be expunged. In Chicago there is no hearing because of the volume. Please call for a free consultation regarding the expungment.
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