New Expungement Law 2017: Can I Get an Expungement if I Have a Prior Conviction?

DuPage County Lawyers Explain New Criminal Expungement Laws

For people with criminal records, expungement can provide a crucial opportunity to clear their name and avoid ongoing consequences. If a request for expungement is granted, criminal records will be erased or destroyed, ensuring that any information about an arrest or criminal case cannot be accessed by people performing background checks. While expungement is generally only available in certain situations, including when criminal charges against a person were dismissed or they were acquitted following a trial, it can ensure that the accusations made against a person or the details of a criminal case will not be made public.

In the past, the state of Illinois made it difficult to receive expungements in certain situations. However, the laws have been updated to expand eligibility for expungement and ensure that more people are able to move forward from past mistakes and avoid issues that may make it more difficult to find jobs or housing, pursue education, and receive financial aid.

In 2017, Illinois law changed in regard to expungement. Under the current laws, if you wish to expunge a case from your criminal record, but have a prior conviction or convictions, you potentially have the opportunity to petition to have an eligible offense expunged. Even if certain convictions that took place in the past may still show up on your record, the ability to expunge more recent records can ensure that you will not be unfairly penalized for arrests or charges that did not lead to convictions. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we can examine your case and help determine if this is the best plan of action for your situation. We will guide you through the process of applying for expungement while advocating on your behalf during all required legal proceedings.

Expanded Eligibility for Expungement

Before 2017, Illinois law stated that if you had any prior convictions that are not minor offenses (such as traffic offenses) you would not be permitted to expunge any new cases from your record. This method was very much an "all or nothing" way to handle cases, which made it difficult for any repeat petitioners who may have deserved to have a new case expunged. The current laws have provided more opportunities for those with criminal records to receive relief if they have an expungeable offense.

Does the Expungement Law Affect Juvenile Cases?

The Juvenile Court Act of 1987 was also amended in 2017. The current laws have expanded the opportunities available to juveniles who have criminal records for nonviolent offenses. In the past, only a select set of cases were eligible for expungement, and any expungements had to wait until a juvenile offender reached the age of 21. The expungement process for juvenile offenders has been sped up, and expungements will typically be available as soon as proceedings have concluded.

Contact Our DuPage County Expungement Attorneys

There are a great number of other details that can affect expungement cases for both adult and juvenile offenders who have criminal records. Even in cases where expungements will not be available, a person may have the option to seal their criminal record and prevent people from accessing information about previous convictions. At Mirabella, Kincaid, Frederick & Mirabella, LLC, you can contact us to set up an appointment where we can explain what you need to know regarding your case. We have helped clients for a number of years in DuPage, Kendall, and Kane Counties. Do not hesitate to call our offices at 630-665-7300 to learn more about how we can help you address issues related to your criminal record and ensure that you can receive a fresh start.