Do You Qualify for an Expungement?

 Posted on April 11, 2017 in Expungement

Having an arrest on your record is more than just embarrassing; it can impact your ability to find employment and housing. Expunging your record can help you work around these issues and may even give you an opportunity to pursue an overall better quality of life. Learn more about record expungement, including how to determine if you qualify, how to take the first step, and where to find help.

Do You Qualify?

Not everyone qualifies for expungement. To be eligible for expungement, you may not have any pending charges against you. Additionally, the disposition of your case must read:

• Acquittal (Finding of Not Guilty);
• NP (Nolle Prosequi);
• Dismissal;
• Supervision (successfully completed);
• FNPC (Finding of No Probable Cause); or
• SOL (Stricken with Leave.

Further, your case may not include a disposition with any of the following:

• A ruling for probation (unless 710, 1410, Section 10, 40-10, Section 410, 40-10, or TASC);
• Conditional Discharge;
• Jail or DOC Time;
• Conditional Discharge;
• Fine (absent of the term Supervision;
• Time Served; or
• Found guilty by a judge or jury (absent of the term Supervision).

In other words, you may not have been convicted of your charges. (Note that honorably charged veterans may still be eligible if convicted of a non-violent, non-sexual, non-gun related Class 3 or Class 4 felony.)

Individuals who do not qualify for expungement may still qualify for record sealing. Though it does not remove the conviction from your record entirely, it does limit who can see it. For example, most employers would not know you have a criminal record by doing a background check, but some agencies might still have access. Examples include employers in the healthcare industry, government organizations (postal workers), and employers in the service industry (firefighters).

Pursuing an Expungement of Your Record

While an attorney is not necessary for an expungement of your record, the process is highly complex. It is also littered with hidden minefields that could result in a denial of your request. An attorney can help you navigate around them and may increase your chances of a positive outcome. Stephen A. Brundage, Attorney at Law, has more than 30 years of experience in the criminal defense arena. Committed to your future and best interests, our Wheaton expungement lawyer always pursues the most favorable outcome possible. Learn more by scheduling a personalized consultation. Call us at 630-260-9647 today.

Stephen A. Brundage, Attorney at Law, has more than 30 years of experience in the criminal defense arena. Committed to your future and best interests, our Wheaton expungement lawyer will aggressively pursue the most favorable outcome possible in your case. Learn more about how we can help with your expungement. Call 630-260-9647 and schedule your personalized consultation today.

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