People are often surprised to learn that simply being arrested adds a charge to their criminal record. Even worse, that record can be seen by the public, including potential employers. What can you do to remove this charge from your record, and how much does it cost? Well, in some cases, there may not be a fee for the sealing or expungement of a record. The following can help you determine if you qualify.
Record Expungement versus Record Sealing
Before determining if you might qualify for record sealing or expungement, it is important first to understand the difference between the two actions. Expungement removes a charge, arrest, or probation from your record; it cannot remove a conviction unless the court has reversed it, or there are other extenuating circumstances.
You may be able to seal these records from the public, which would prevent them from seeing your previous convictions. However, there are certain employers who may still be able to access your information if the conviction was a felony. Examples might include places that would require you to work with children, the elderly, or the disabled. Law enforcement agencies are also able to view your records, but they cannot be accessed without a court order.
No Fee Option – Are You Eligible?
Record sealing and expungement typically requires the payment of a $120 filing fee, but the Expungement or Sealing Fee Waiver now allows some individuals to petition the court for a fee waiver. To be eligible, you must file your request between January 1, 2017, and December 31, 2017. Generally, you must also meet one of the following criteria for the arrest you wish to have expunged or sealed from your record:
It is important to note that file waiver fees do not extend to the cost of photocopies and any other required documentation, such as a certified copy of your deposition. Further, fee waivers are not typically offered for District One Traffic Division Cases.
Need Help Expunging or Sealing Your Record?
If you or someone you love wants to seal or expunge their record, or if you believe that you may be eligible for a fee waiver, contact Mevorah & Giglio Law Offices for assistance. Our DuPage County criminal defense attorneys can analyze your case to help you determine what your options might be. We take a personalized and aggressive approach to protect your rights and ensure you take the appropriate action in your case. Schedule your free consultation to learn more. Call us at 630-932-9100 today.
Sources:
http://12.218.239.52/newsite/GI_NEWS/newscontent/Events/2017/2017ExpungementandSealingPacket.pdf
http://www.cookcountyclerkofcourt.org/?section=LegalPage
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