State’s Objection to Expungement or Record Sealing in Illinois

courtWhen the state objects to your expungement, it does not mean the judge will deny your request, but it does make the process more complicated. If you are facing a similar situation, you need to contact a seasoned Chicago expungement attorney who understands how to handle these types of cases. With years of experience, Attorney John D. Ioakimidis is committed to helping Illinois clients seek the fresh start they need to move on with their life. He has been named as one of the “Top 20 Criminal Defense Attorneys” by Expertise, and you can trust that you are in good hands with Attorney Ioakimidis.

In Illinois, you can clear your criminal record in two ways:  expungement or sealing. When a record is expunged, the arresting agency or the Illinois State Police physically destroys the criminal record or gives the record back to you. In such cases, the Clerk’s Office will clear your name from the docket system and remove the court documents so that they cannot be accessed by members of the public.

If your record is sealed, it cannot be obtained without a court order to unseal the record and is not accessible to the vast majority of the public, although these records are still available to law enforcement and prosecutors. When it comes to sealing records, the Clerk’s Office will also clear your name from the docket system and remove the court documents.

The State’s Attorney may object to your petition for expungement or sealing. The basis for the State’s objection may be an extensive criminal record or certain types of crimes on the record. Put another way, the State’s Attorney may object on the basis that the record contains specific relevant information aside from the mere fact of the arrest.

Under Illinois law, objections to a petition to expunge or seal must be filed within 60 days of the date of service of the petition. All objections must be in writing and are required to be filed with the circuit court clerk. In addition, the objection must state with specificity the basis of the objection. If an objection is filed, the court will set a date for a hearing before a judge, and all parties are entitled to notice of the petition of the hearing date at least 30 days prior to the hearing. A skilled attorney can represent you at your hearing and provide a solid argument in support of your expungement or sealing.

The State or any other party objecting to your records being expunged or sealed can cause challenges, but we are here to help. You have to remember that the judge does not know anything about you besides what he or she sees on paper. With extensive experience in this area of law, Attorney John D. Ioakimidis will make every effort to present you in a favorable light and help the judge understand how your record being expunged or sealed will affect your life. For more information, call us at 312-229-5500.

More Blog Posts:

Expunging a Juvenile Record in Illinois

The Basics of Expungement in Illinois

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