In this video, our Elmhurst expungement attorneys explain the process of having your criminal records physically destroyed or returned to you and of removing the record from public view. To do this, first, you must file a petition and pay a fee with the circuit clerk in the county in which the arrests occurred or the charges were brought. If you were arrested or charged in multiple counties, then you must file a petition in each of those county. If you fall below federal poverty guidelines, you may be able to have the fee waived.
The circuit clerk will serve notice of the petition to the State’s Attorney or prosecutor who prosecuted the offense, the Department of State Police, the arresting agency, and the chief legal officer of the unit of local government that made the arrest. Any of these agencies has the right to file an objection to the petition within 60 days of being served notice.
The judge will then either hold a hearing, or, if there are no objections to the petition, the judge may simply enter an order granting the petition. Even if you are eligible for expungement or sealing, the court will have discretion to grant or deny the petition.