5225 Old Orchard Rd • Ste 50 • Skokie, IL 60077 • Phone: 847-899-8734 • Fax: 847-388-4775
Law Offices of David P. Mierswa
Expungement, Sealing, and/or Executive
Clemency for Criminal Records
A felony or misdemeanor criminal arrest can
have lasting consequences in your life. Every
arrest is part of the public record. You must be
proactive in order to have your record removed,
even in cases where you were let go without
formal charges being filed and even in cases
where you were found not guilty of a crime. An
arrest will always be a part of your criminal record
and accessible by anyone including family, friends
and future employers. You must act now to protect
your future and remove your criminal record so that
you can move on with your life.
Expungement and Sealing Process:
There are two options to remove your criminal record: Expungement and Sealing Your Record.
Petitioning the Court for an Expungement of your record is the only way to protect yourself. It requires that an actual petition be filed and hearing be held to remove your criminal record. Once the court removes your arrest and criminal record, you would never have to disclose that prior arrest or conviction because it is no longer a part of the public record. An expungement of your record is the only way to remove it from the public view.
Sealing Your Record:
Certain misdemeanor and class 4 felonies can be sealed. Sealing your criminal record prevents it from being released to non-law enforcement personnel.
Frequently Asked Questions about Expungements and Sealing:
Q: Is my record expunged automatically?
A: There is no automatic expungement. Even if your case is dismissed, your arrest record will always be there unless you petition to have it removed.
Q: Can non-violent felonies can be sealed or expunged?
A: Most felonies cannot be expunged, except for certain drug convictions and prostitution.
Q: The charges were dismissed, I don’t have to do anything else to clear my record?
A: You must be proactive and petition to have the arrest removed because it is not automatic.
Q: I was told if I complete my supervision, I would not have a record. Is that true?
A: Successful completion of your supervision ensures that you don’t have a conviction on your record. However, you still have a record because of the arrest, court appearances, and formal charges.
Q: Can most felony arrests and convictions cannot be either expunged or sealed?
A: There are a few exceptions: In some cases, Class 3 and Class 4 Felonies; Class 4 felony drug possession under Section 4 of the Cannabis Control Act; Section 402 of the Controlled Substances Act; The Methamphetamine Precursor Control Act; The Steroid Control Act; Class 4 felony prostitution cases, may qualify to be sealed. In addition, felony arrests that do not result in a conviction may be expunged if you do not have a conviction on your record.
Q: What is Executive Clemency?
A: Executive Clemency is the process of having your criminal record, court records, and convictions through the governor’s office.
Q: What are my chances of having my record sealed?
A: It is easier to have your criminal record sealed than expunged.
Q: What are my changes of having my record expunged?
A: If you cannot have your record expunged at the county level, then we try executive clemency through the governor's office. If you do not try, your chances are zero.
Q: Is it expensive to have my record expunged or sealed?
A: In most cases, we charge a reasonable flat fee. This includes drafting the necessary petitions, exhibits, and preparing you for, and attending any court hearings with you, to maximize your chances of succeeding.
If you need an expungement, sealing of your record, and/or executive clemency, we serve the states of Illinois and Wisconsin. Give us a call at 847-899-8734 for a free consultation. Calls are answered 24 hours a day. If you prefer, send us an email at firstname.lastname@example.org. We offer affordable rates and possible flat fees for expungements.
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