why does the state attorney office object to expungements

by Triston Kihn 10 min read

Why the State’s Attorney Might Object The State’s Attorney (the lawyer who represents the state of Illinois) may feel that you deserve to have your records expunged. However, in some cases, an extensive criminal record or certain types of crimes may lead the State’s Attorney to object to your expungement.

Reasons to Object to an Expungement
Some of these reasons can include: A person is not eligible for an expungement: If a person has not fully completed the requirements for expungement, the District Attorney may object to their request to have their record expunged.

Full Answer

Is there a guide to the expungement process without an attorney?

A person is not eligible for an expungement: If a person has not fully completed the requirements for expungement, the District Attorney may object to their request to have their record expunged. The person presents a danger to their community: The District Attorney will weigh out the circumstances of a person's crime and current standing with the law.

Why would a person seek expungement of a record?

When a district attorney objects to a person's expungement, the matter can become much more complex. At first, the district attorney may wager a counter argument to the initial petition for expungement or may deny it. A petitioner can then respond, or they may bring the matter to a hearing. A hearing to defend the expungement motion is not particularly common, however, if …

Where can I get help getting my record expunged?

Mar 31, 2014 · Why the State’s Attorney Might Object. The State’s Attorney (the lawyer who represents the state of Illinois) may feel that you deserve to have your records expunged. However, in some cases, an extensive criminal record or certain types of crimes may lead the State’s Attorney to object to your expungement.

Is there an app to check my eligibility for expungement?

May 27, 2011 · Posted on May 27, 2011. Yes, it could be because you filed too early. There could be other reasons, as well. The statute says an indictable conviction may be expunged 10 years after completion of all penalties imposed (so July 2006 for you) but a recent amendment allows for expungement after 5 years in some circumstances.

Who can object to an expungement in Illinois?

the Department of State Police, the arresting agency, or the chief legal officer files an objection to the petition to expunge or seal within 60 days from the date of service of the petition, the court shall enter an order granting or denying the petition.

How long does expungement take in Illinois?

about six months
After the petition is filed, the state's attorney, the state police, and all other notified parties have 60 days to object. If the judge grants the petition, an order is entered, and all state agencies are given 60 days to expunge or seal the record. The total process typically takes about six months.Feb 4, 2020

Who can see expunged records in Illinois?

A sealed record is hidden from being seen by the general public, but it may still be seen by some groups such as law enforcement. If you have arrests, charges, or convictions that happened in more than one county, one set of paperwork is required per county.

What convictions can be sealed in Illinois?

Convictions
  • Driving under the influence.
  • Reckless driving, unless you were less than 25 years old when you were sentenced.
  • Minor traffic offenses.
  • Domestic battery or battery of an unborn child.
  • Violating a Civil No Contact Order, Stalking No Contact Order or Order of Protection.
  • Sex offenses (except prostitution )
Feb 11, 2022

How much does it cost to get record expunged in Illinois?

1. How much does it cost? Getting your record expunged or sealed will cost you a filing fee at the courthouse plus $60 for the Illinois State Police. Some local law enforcement agencies may also charge a processing fee.

Can the Illinois State Police see expunged records?

Most private entities will NOT have access to the expunged record except under very limited circumstances. However, expunged records may be disseminated by the Department of State Police if required by law.

What Cannot be expunged in Illinois?

Most misdemeanor and felony convictions qualify for sealing in Illinois, but some—including driving under the influence, domestic battery, animal care crimes, and most sex offenses—do not.

Will a sealed misdemeanor in Illinois show on a background check?

First and foremost, the general public, landlords, and employers not required by law to do finger-print based background checks can not see sealed convictions regardless if they are felonies or misdemeanors.Oct 11, 2020

How does expungement work in Illinois?

o Expungement: Erases arrests and court supervisions from your criminal record so it is like they never happened. Qualified Probations (see definition on Page 16) are only sealed by the State Police but are erased by the arresting agency. o Sealing: Hides your criminal record from most of the public.

How can I clear my criminal record in Illinois?

To have your record expunged and destroyed, you must file and prosecute a Petition to Expunge in the County where your case concluded. Illinois felony expungement law allows certain felonies to be expunged. If your case does not qualify for expungement, you may be able to seal it.

How long do misdemeanors stay on your record in Illinois?

If you were convicted of a misdemeanor or felony , you can seal 3 years after the end of your last sentence. This also applies if you successfully completed special, qualified probation (like 710-1410 or TASC). Certain convictions may not be sealed until you are no longer required to register.May 3, 2021

How does a felon get gun rights back in Illinois?

Denials that were based on more serious felonies can be appealed in the Circuit Court . Neither the Director nor a judge can grant a FOID if it is prohibited by federal law. The right to keep and bear arms in Illinois is a civil right. Your application should not be denied once your civil rights have been restored.

What happens if you don't address an expungement objection in New Jersey?

Your New Jersey expungement lawyer will review the prosecutor’s objection and decide on how to appropriately address it. This may require re-service of the amended expungement pleadings on various agencies and, accordingly, could result in delays. Moreover, a failure to timely address and correct an objection could result in the expungement petition being dismissed by the court, meaning your case would have to be filed from the beginning.

What happens if you object to an expungement in New Jersey?

Once an expungement in New Jersey is objected to, however, it is considered a “complex expungement.”.

What to do if you fail to pay a fine in New Jersey?

If the prosecutor objects on the basis that you failed to pay your fine off in a timely manner and, therefore, the applicable waiting period has not been satisfied, however, you should be sure to contact an experienced New Jersey expungement lawyer. Often times, a good expungement lawyer can convince the court to relax the waiting period for payment of fines, especially in cases where payments were being made on scheduled and/or other compelling circumstances preventing the petitioner from being able to pay off the fine in a timely manner.

How to contact expungement lawyer in New Jersey?

If you have questions on any of the reasons expungements are objected to, call us now for your free consultation. You can reach us at 856-832-2482.

How long do you have to wait to expunge a municipal ordinance in New Jersey?

For example, if you are seeking to expunge a municipal ordinance violation, you must wait at least two years.

How long does it take to get a felony conviction expunged in New Jersey?

For example, although the standard time period to expunge a felony conviction in New Jersey is 10 years from the date the petitioner completed their sentence, the petitioner can apply for an early pathway expungement as long as it has been at least 5 years since they completed their sentence.

Why do expungement petitions get rejected in New Jersey?

You failed to disclose your entire criminal record. Perhaps the most common reason why New Jersey expungement prosecutors object to expungement petitions is due to the petitioner’s failure to disclose their entire criminal record. A failure to disclose your entire criminal history ...

Can My Expungement be Objected?

The District Attorney in the county where a person files their expungement can object to the petition. There can be a number of reasons why the District Attorney may do this. Some of these include:

What Happens if the District Attorney Objects to my Expungement?

When a district attorney objects to a person's expungement, the matter can become much more complex. At first, the district attorney may wager a counter argument to the initial petition for expungement or may deny it. A petitioner can then respond, or they may bring the matter to a hearing.

Pennsylvania Expungement Attorney

When a person decides to file for an expungement, they are capable of doing so without an attorney, however, the filing process can be lengthy, complex and frustrating. Due to high case volumes, court employees may not always be able to provide an adequate level of guidance for filing properly, and errors in filing can cost a person valuable time.

3 attorney answers

I tend to agree with the other answers. The objection is based on the fact that at this time you are not eligible.

Ronald S. Pichlik

I agree with my colleague. The adjournment could be to allow for the 5 years to pass. Also the new amendment gives of a judge discretion to reduce the 10 year wait based on factors listed in the new Statute. I assume you filed pro se or else you would be asking your own attorney.

Mark M Cheser

Yes, it could be because you filed too early. There could be other reasons, as well. The statute says an indictable conviction may be expunged 10 years after completion of all penalties imposed (so July 2006 for you) but a recent amendment allows for expungement after 5 years in some circumstances.

What does expungement mean in court?

To “expunge” is to “erase or remove completely.”. In law, “expungement” is the process by which a record of criminal conviction is destroyed or sealed from state or federal record. An expungement order directs the court to treat the criminal conviction as if it had never occurred, essentially removing it from a defendant’s criminal record as well ...

Which states have expungement laws?

Maine and North Dakota, however, limit expungements to juveniles and other specific defendants. All states limit the types of offenses that may be expunged. Driving offenses, for example, may not be expunged from records in some states. Other serious offenses, including murder, kidnapping, and rape, may also be ineligible for expungement.

Can an expunged arrest be removed from public record?

Court records and police blotters permanently document the expunged incident, and those officials integrally involved retain knowledge of the event. An expunged arrest and/or conviction is never truly removed from the public record and thus is not entitled to privacy protection.

What happens if a record is sealed?

If a record is sealed, it may remain available to law enforcement officers, but removed from the public. If a record is destroyed, all relevant documentation is removed from the state court system following the state’s protocols for records destruction.

Is expungement a forgiveness?

It is important to clarify that expungement is not “forgive ness” for committing a crime—that is a legal pardon. Likewise, pardons are not expungements and do not require removal of a conviction from a criminal record. In the United States, pardons may be granted by public officials. The President, for example, issues pardons annually. State governors may also pardon certain defendants in their states. Expungement proceedings, however, must be ordered by a judge, or court.

Can juvenile records be expunged?

Juvenile records are the most common, but many states also allow adult defendants to seek expungement of their records. In Kentucky, for example, an adult may petition the court for expungement of certain records. Maine and North Dakota, however, limit expungements to juveniles and other specific defendants.

Can a record be expunged?

Each state, however, has its own laws about whose records are eligible for expungement, which offenses may be expunged, procedures for application, and definitions of how records will be managed under an expungement order. Juvenile records are the most common, but many states also allow adult defendants to seek expungement of their records. In Kentucky, for example, an adult may petition the court for expungement of certain records. Maine and North Dakota, however, limit expungements to juveniles and other specific defendants. All states limit the types of offenses that may be expunged. Driving offenses, for example, may not be expunged from records in some states. Other serious offenses, including murder, kidnapping, and rape, may also be ineligible for expungement. Once a record is ordered by a court to be expunged, states then have laws about how the record is to be handled, typically sealed (Kentucky, for example) or destroyed (Washington). If a record is sealed, it may remain available to law enforcement officers, but removed from the public. If a record is destroyed, all relevant documentation is removed from the state court system following the state’s protocols for records destruction.

What is the state v. Glynn case?

Glynn, 2016-Ohio-3230 – the prosecutor objected to the sealing of a violated TPO (temporary protective order) on the grounds that police wouldn’t be able to see if if it was sealed.

What happened to defendant in the case of the twisted arm?

In 2004, Defendant kicked in his ex-wife’s front door and twisted her arm. Defendant plead no contest to the first degree misdemeanor of violating a domestic relations protective order. In 2015, Defendant moved to seal the record of his conviction. The prosecutor objected to Defendant’s motion claiming that sealing Defendant’s conviction would prevent another police department/prosecutor to view the conviction for purposes of enhancing future charges.

What is the R.C. 2953.32?

Under R.C. 2953.32, an eligible offender may file an application to seal records of a criminal conviction. This statute also allows the prosecutor to object to the application. In order to decide whether to grant or deny an application, a court must:

What is the process of expunging an application?

A court considers several factors in determining whether to grant an expungement application. Once the application is filed , the prosecution can file objections explaining why they believe the application should not be granted. The judge, then, has the discretion to make a decision.

Can a judge deny an expungement?

The judge does not automatically deny the expungement application if the prosecutor objects. Rather, the court should consider a list of factors, including reviewing the prosecutor’s objections, and make a determination.

Is sealed record still searchable?

The court noted, then, that the prosecutor’s concern was incorrect as sealed records are still searchable to law enforcement when looking to enhance future charges.

Who is Doug Riddell?

Doug Riddell is a Columbus attorney and the founder of Riddell Law LLC. Doug graduated from the University of Notre Dame (B.A. Political Science) and from the University of Cincinnati Law School. After law school, Doug represented traffic and criminal defendants in private practice throughout Franklin, Licking, Delaware, Fairfield, Madison, Champaign, and Union counties. Doug then left private practice to serve as a Public Defender in Franklin County. During his years with the Public Defender’s office, Doug represented thousands of OVI, traffic, and criminal defendants, gaining extensive experience in the courtroom. Doug regularly practices in courthouses throughout Columbus and Central Ohio, including courts in Dublin, Grandview Heights, Grove City, Gahanna, Hilliard, Lancaster, Marble Cliff, New Albany, Newark, Plain City, Reynoldsburg, Springfield, Upper Arlington, Urbana, Westerville, and Whitehall. He has successfully represented clients facing a wide range of criminal and traffic charges, such as DUI / OVI / drunk driving, speeding tickets, traffic violations, underage drinking, domestic violence, reckless driving, theft, criminal damaging, disorderly conduct, domestic violence, drug crimes, drug paraphernalia, fraud, juvenile crimes, hit skip, probation violation, and vandalism, among other charges. Doug is a member of the Ohio Association of Criminal Defense Lawyers, the Ohio State Bar Association, the Columbus Bar Association, and the Central Ohio Association of Criminal Defense Lawyers. Additionally, he regularly speaks about OVI/DUI law at Certified Driver Intervention programs throughout Central Ohio, including Second Chance Counseling Driver Intervention Program and Crossroads Recovery Services Driver Intervention Program.

How long does it take to get an expungement in Salt Lake County?

The victim is given 30 days from date of notice to respond to the court in order to register an objection with the court.

What happens if a victim registers an objection to a court order?

If the victim registers an objection with the court, the court shall set a date for a hearing and notify the petitioner, the prosecuting agency and the victim of the date and time of the hearing.

Where do I get my BCI report?

You must first obtain your BCI report from the Bureau of Criminal Identification, a division of the Utah Department of Public Safety. See the link listed above. Then you go to the correct court.

Can you send an expungement packet to the court?

Our office will NOT send your finished expungement packet directly to the court. That will be your responsibility.

What was the first expungement day in New Orleans?

In March 2008 a group of community activists crafted a day in which attorneys and advocates volunteered to provide expungements for the community. They created New Orleans’s first city wide “Expungement Day.” The doors were scheduled to open at 10 a.m., but the line outside the Tremé Center started to form at 7 a.m. As quickly as they could, they opened early to start consulting with the hundreds of people who needed their records sealed. The organizers anticipated closing at 4, but were forced to close several hours earlier to stop the constant flow of participants. By the end of the day, over 400 people had filtered into and out of the Tremé Center and almost 100 volunteers were left weary. The event made a big impact, but also provided the foundation for understanding the need for expungement services for the working poor.

Why is expungement important in Louisiana?

Expungement facilitates access to economic opportunity for thousands of Louisianans , including predominantly African Americans who face persistent unemployment and exclusion from social advancement after arrest. Here, an arrest creates a permanent criminal record even if no criminal charges are instituted. Approximately 92% of all employers rely on criminal background checks when making hiring decisions. However, when a person is simply arrested in Louisiana, there is a decreased likelihood of future employment exacerbated by the stigmatization of a being labeled as a “criminal.”

What is the recidivism rate in Louisiana?

Louisiana’s recidivism rate has now reached 50% . However, an expungement for nonviolent defendants removes the stigmatization of a criminal record, enhances an individual’s legitimate hope to find meaningful employment, and effective serve in the role of “citizen” in a democratic society.

What changes does the JAC manual include?

Purchase the 2019 manual. It includes changes like the "first offender pardon" expungement, our process maps, and a list of non-expungeable adult convictions.

How much does it cost to download an expungement form?

The app can also generate pre-filled forms to file for an expungement in court. It costs $20 to download the forms.​ Click the button below to access the app.

What page do you put a supplmental sheet on an expungement?

If your offenses do not fit in the spaces provided in the Motion for Expungement with required additional forms, you will need to include a supplmental sheet behind page 2 of your expungement motion. ​. Supplemental sheet for arrests that did not result in a conviction. Supplemental sheet for misdemeanor convictions.

How long does it take to get a felony expunged?

A new law went into effect August 1, 2019 that allows someone with a First Offender Pardon and NO convictions since the time it was awarded to be immediately eligible to expunge the felony record (state law usually requires 10 years waiting period).