Is it possible for you to expunge or clean your criminal record?
In order for you to delete any item from your criminal record, it is necessary to file a petition to the court asking them to erase or expunge information. Here is a short step by step process on how to file a petition.
- Complete the petition for expungement and the general waiver and release form -- In order to complete the information required by the form, it is important for you to know the date of your arrest, the enforcement agency that took charge of the action, the offense that you were arrested or convicted, and the disposal date of your case.
- Make several copies of this form and deliver them to the court where your case was handled.
- The entire process is expected to take 90 days. However, this will depend on your petition and whether there is an objection within a month by the State's Attorney or the enforcement agency. If there are any objections, the court will hold a hearing and you will be notified to attend the session.
What is the waiting period before you can file for expungement?
It is expected that you will need to wait for three years after you are convicted before you can file for an expungement. However, these rules vary depending on the nature of the case. To learn more information about this, you can contact the Criminal Justice Information System.
Who are allowed to see my criminal record?
Aside from you, there are also other groups of individuals who are permitted to view your record.
- The Criminal Justice and Law Enforcement Agencies -- Police departments, parole, courts, probation departments, defense attorneys, prosecutors, and correction officials are given the right to review your record.
- Potential Employers -- Public employers such as the local, federal, and state government agencies are allowed to see the records. Aside from this, owners of child care agencies, museums, hospitals, banks, schools, school bus companies, and brokerage houses are also enable to view the criminal record that you hold.
- Occupational Licensing Agencies -- All agencies that issue licenses for professionals are allowed to view your criminal record. Some of these agencies include those that give licenses to barbers, doctors, nurses, drivers, and brokers.
- Bonding Agencies -- If an employer takes a bond on you, which is usually an insurance policy, the agency that is tasked to issue that bond will be permitted to review your criminal record.
Because a lot of people are allowed to view your criminal records, it is very necessary to ensure that all information written is accurate.
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