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FloridaLawyer
FloridaLawyer, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  Former State Prosecutor, licensed attorney with active criminal defense practice
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i was arrested 12 years ago for minor retail theft 3 years

Customer Question

i was arrested 12 years ago for minor retail theft 3 years ago i went to get it exspudged off my records well it turns out i never paid the 100 fine i paid it and im in the process to get it sealed with times being tuff i picked up a part time job they do background checks 10 years back my question is since im still on supervision will this still show up i live in il
Submitted: 6 years ago.
Category: Criminal Law
Expert:  FloridaLawyer replied 6 years ago.

HelloCustomer

 

An arrest from even 10 years ago will still show up if a potential employer conducts a background check.

 

However, the law prohibits employers from considering any expunged or sealed records, and from asking whether you ever sealed or expunged any records. To expunge or seal your criminal record, you must file a Petition in the county where you were arrested or where you had your court case.


You will have to pay to file your Petition, or get that fee waived. When you file, ask the Clerk if a court date is required. Some counties don't require one; others do. Make sure you know how your county does it.

Four places must get a copy of your Petition:

  • the State's Attorney where you file,
  • the agency that arrested you,
  • that agency's chief legal officer, and
  • the Illinois State Police.

If you just want to seal your records, the Clerk mails copies to those people for you. If you want to expunge, the law doesn't say who does the mailing, so check with your Clerk to see if they do it for you. If they don't do the mailing, you must. Those four places have 30 days to object to a Petition to Expunge, and 90 days to object to a Petition to Seal.

 

If you file a Petition to Expunge, and a court date is required, you must also mail a notice of that hearing to the four people listed above. The Appellate Defender's website has a notice you can use. If a hearing is required on a Petition to Seal, the Clerk sends the required notice.

 

At a hearing, or after the time for objecting has passed, a judge will review your request. Even if nobody objected, your Petition can be denied. If, however, your Petition is granted, the Clerk seals their records, and sends copies of the Judge's Order to the arresting agency and to the Illinois State Police. The State Police then notify you they need $60 to complete the expungement or sealing. The arresting agency may also charge a fee. About 45 days after the State Police get your fee, you will get a notice that your records have been expunged or sealed.

 

I hope this helps, good luck!

 

MDonnelly

 

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Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.

Customer: replied 6 years ago.
you didnt anwer my question i know how to exspudge a case ive done it my question was the company offered me a job i know the company does backround checks up to 10 years back my question to you   was will it still show up if ive been on supervision for this only 3 years since the fine was just paid? or does it go back when the incident happened?
Expert:  FloridaLawyer replied 6 years ago.

HelloCustomer

 

It goes back to when the incident happened.

 

Thanks,

 

MDonnelly

Customer: replied 6 years ago.
mdonnelly the web site where im suppose to pay you is saying the my acc info is not protected with this web page you are using do you know how else i should take care of this i dont want my credit card info floating around?

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