how to find a lawyer to seal a felony record

Contact the clerk's office of the court where the charge was filed and prosecuted. Fill out the petition to seal records form, and feel free to ask the clerk for assistance. Case and arrest details, as well as proof of completion of any required rehabilitation program, must be provided.

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Can a criminal record be sealed for employment?

Therefore if you find yourself in a situation where you are considering having a record sealed or expunged, you should consult with a well qualified and knowledgeable criminal attorney. Specifically, you should consult with an experienced expungement attorney who specializes in …

How can I get my criminal record sealed or expunged?

In order to seal a criminal record, it is necessary to file a motion with the court in which the case was filed and prosecuted. The motion must include a certified copy of a disposition as well as sworn statements of the Defendant explaining to the Judge why the Court should grant the sealing of your record.

Is it legal to hide a criminal record?

Criminal records removal services for each state varies. Some states will expunge, pardon, purge, set-aside, clear or seal a criminal record. The process can take from three months to a year depending upon the Court and the severity of the case. It can cost between $2,000 to $2,500.00, which includes filing fees,research,the drafting of the ...

What does it mean when a court record is sealed?

Many states allow you to expunge, seal or otherwise "hide" or "destroy" your criminal record. Generally, if a criminal record is expunged or sealed, it's as though the crime never occurred and you can legally say (to a potential employer, for example) that you were never charged or convicted of a crime. State laws vary tremendously as to which conviction and arrest records …

Can you appeal a conviction to a federal judge?

Sealing a Federal Adult Criminal Record. If you were convicted in federal district court of a federal offense, in theory you may appeal to a federal district court judge to expunge your record. Federal judges have the power to expunge any record of conviction, but they rarely exercise it.

Can a criminal record interfere with your license?

Even years after a criminal conviction, a criminal record can interfere with your ability to obtain employment, housing, and professional licenses. Is it possible to clear a criminal record after an arrest or conviction?

Can a conviction be expunged?

State laws vary tremendously as to which conviction and arrest records can be expunged. See the articles below for details on the rules in your state, and on how to begin the expungement process. If you are interested in sealing a juvenile record, refer to our article, Expunging or Sealing a Juvenile Court Record.

Can a criminal record be expunged?

Generally, if a criminal record is expunged or sealed, it's as though the crime never occurred and you can legally say (to a potential employer, for example) that you were never charged or convicted of a crime. State laws vary tremendously as to which conviction and arrest records can be expunged.

What happens to expunged records?

Expunged records are destroyed by the state holding the records. [4] . No record exists after expungement in the eyes of the law because there is no actual record for anyone to read. The state will destroy all parts of an expunged record, from the mugshot to the sentencing.

What happens to people with criminal records?

Not only do the people with criminal records lose, society loses. These people can’t contribute to society to their fullest potential. They can’t find work, become licensed, or become educated in a field in which they can apply their skills and talents.

What happens when a misdemeanor is expunged?

When a Misdemeanor or felony conviction is expunged it is literally wiped from from existence and does not exist anymore. You will be able to legally state that you have never been convicted of any crime and nobody will ever know that you were ever convicted of anything.

Why worry about an arrest that didn't lead to charges or conviction?

Why worry about an arrest that didn’t lead to charges or a conviction? Arrests are still part of a criminal record, and they show up on a background check. Whoever is doing the background check may not even care that it was simply an arrest, because just seeing an arrest on someone’s record may make the checker think that the person must have done something illegal in the past.

How to lessen the impact of a criminal record?

In general, states offer three ways to lessen the impact of a criminal record: expungement, pardon, and sealing of records. While they can all help to lessen the damage a criminal record can do, they’re not the same things. An expungement is the destruction of a criminal record, as if it never existed.

When do juvenile records get expunged?

Many states automatically expunge or seal juvenile records once the offender or person reaches the age of majority. However, these records may still be accessible to certain groups for specific reasons.

Can you see a sealed record?

Record Sealing. When a record is sealed it will not be accessible to most people or entities. Depending on the state that you live in it may be possible for law enforcement officers to see your sealed record, judges or other government personnel.

What are the requirements for a criminal record?

Generally, the requirements include things such as: The minimum length of time since the event (such as an arrest for a crime) has passed. A person has maintained a clean criminal record and has not had any other arrests or convictions since that time , except for minor traffic violations.

What is expungement in criminal history?

Expungement is a process where a person can have official records in their criminal history effectively cleared of certain events so the general public cannot find those events when they search for a criminal history record. Although the expunged record may be available to certain law enforcement agencies and other government entities, ...

What is expungement law?

Expungement law in the various states can be different, and what is included in expungement does have certain limits , so hiring an attorney to handle an expungement is valuable . Properly done by a qualified attorney, an expungement may help a person start a new life and move forward without a criminal record following them around.

Can a felony conviction be expunged?

While records stemming from a misdemeanor conviction or arrest can often be sealed, a record of a felony offense, felony charge, or other type of more serious conviction record may not be eligible for expungement. The eligibility rules for felony expungement are different in each state, so a local attorney can help you understand whether ...

Is record sealing the same as expungement?

Most people refer to these two things as being the same, but there is a slight difference between the two.

How do I know if I qualify to get my record sealed?

Only certain people can apply to get their record sealed. And for people who can apply, only certain types of offenses are able to be sealed.

When can I apply to seal my record?

There are a few questions to consider when trying to figure out when is the right time to apply to seal your record:

Do you have any outstanding court fees or fines?

Unpaid court costs can block your record from being sealed. If you aren’t able to pay the money you owe to the court, you can ask them to waive your fee, or “discharge” your debt. You’ll need to fill out special paperwork to do this, sometimes called a “poverty affidavit,” and ask for a special “Ability to Pay” hearing.

What is the court process for record sealing?

If you are eligible to seal your record, you can fill out your application and file it with the court.

Can my sealed record be seen?

Once your record is sealed, there are only a few groups of people who can still access it.

What does it mean when a record is sealed?

On the other hand, record sealing means that the charges do still exist; however, the records cannot be accessed as the records are closed to the general public. This means that persons or parties such as employers cannot gain access to those records, even though they still technically exist in the system.

What does it mean when a criminal record is expunged?

When a criminal record is expunged, it is treated as if the charges never exist, and they are no longer associated at all with that person's criminal history. It generally means that the charges have "disappeared" from the court system.

What are the penalties for misdemeanors?

Misdemeanor crimes are typically defined as less serious crimes that are punishable by a sentence of less than a year in a county jail (not a prison facility), and/or some monetary fines. Generally speaking, most misdemeanors can be expunged from a person’s record. Some commonly expunged misdemeanor convictions include: 1 Traffic crimes, especially first-time drunk driving or DUI charges; 2 Various non-violent crimes; 3 Simple theft-related crimes; 4 Trespassing and vandalism; and 5 Resisting arrest.

What is expungement in criminal justice?

What is Expungement? Expungement is a process by which a person's criminal records are treated as if they no longer exist. Each state has different options and limits regarding expungement, but all states permit some form of expungement or record sealing for juvenile offenses.

Can misdemeanors be expunged?

Misdemeanor crimes are typically defined as less serious crimes that are punishable by a sentence of less than a year in a county jail (not a prison facility), and/or some monetary fines. Generally speaking, most misdemeanors can be expunged from a person’s record.

Can felonies be expunged?

Lastly, federal convictions for felonies generally cannot be expunged.

Can you expunge a juvenile record?

Generally, expungement is only available to those who have maintained a clean criminal record in the intervening years between.

Is it good to seal a criminal record?

While there a numerous benefits to sealing a criminal record, care must be taken to do it properly. If the petition is not done properly, then the State will prevail in its objection based on technical, statutory grounds and the petitioner will have lost valuable time and feel anger and despair. If done properly, the long term benefits of job security and peace of mind will prevail, far outweighing the time, effort and money placed into sealing a criminal record.

Is Class X a sealable crime in Illinois?

The majority of criminal convictions in Illinois, regardless of class, are sealable, including Class X felonies. (20 ILCS 2630/5.2). This means that once sealed, such convictions are not visible to the general public, including the average employer. To file a successful petition to seal, several things must be considered.