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(EMAILWIRE.COM, September 09, 2010 ) St. Charles, Illinois - John Yetter, a criminal defense attorney at Brucar & Yetter, P.C., works with clients who want to seal or expunge their criminal records. He guides his clients through the clearing process, which begins with first figuring out what exactly is on a clientÂ’s criminal record.
“This usually involves running an Illinois State Police background check.” says Mr. Yetter, “or a similar check specific to Chicago arrests.” Then a determination can be made about what can be done.
Expungement is a civil action in which an individual petitions the court which heard the case originally to enter an order erasing all records relating to the case. If granted, no record remains, and under Illinois law, you can tell employers you have never been arrested. Further, employers are not allowed to ask if you have ever had a case expunged even during the application process.
You can expunge your record if you have never been convicted. Convictions include the following: Probation, Conditional Discharge, Time Considered Served, Prison or Jail Time and Fines (municipal ordinance violations). A record is eligible for expungement in Illinois if it is one of the following dispositions: Finding of Not Guilty, Stricken Off with Leave to Reinstate, Non-Suit, Nolle Prosequi, Finding of No Probable Cause, Supervision and 710-1410 Probation.
If you have been convicted, you can possibly seal your record. When a record is “sealed,” your file remains intact but under seal. The records can only be released to governmental and other law enforcement agencies. Employers will not have access to the records. The following can generally be sealed: misdemeanor acquittals and dismissals, misdemeanor convictions and supervisions, felony acquittals, dismissals and convictions for the following (all Class 4):
(1) Prostitution
(2) Possession of Cannabis*
(3) Possession of Controlled Substance*
(4) Carry/Possession of Firearm (between 1995 and 1999)
*Proof of clean drug test required to file.
John Yetter is a criminal defense lawyer with the firm of Brucar & Yetter, P.C., which has offices in Wheaton, Rolling Meadows and St. Charles, Illinois. For more information about John Yetter, please visit his free website at www.brucarandyetter.com.
Attorney John Yetter is a member of the national attorney network on LawyerCentral.com.
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