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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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In January 2012, I was arrested for domestic battery/bodily

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In January 2012, I was arrested for domestic battery/bodily harm in Lake County, Illinois. The case was acquitted without conviction, and in October 2012, I filed a petition to expunge this record. Aside from an arrest for minor consumption of alcohol ten years ago, this was the only charge on my record. I submitted the required paperwork and payment for expungement pro se, and a month or two later I received a notice from the IL State Police that neither they nor the village arrest agency objected to my petition for expungement. I thought I was in the clear, but today I received a notice of court date for a hearing on an objection to expunge, along with all of the paperwork I filed and the money order I submitted to the Illinois State Police. My questions are as follows: 1) Who is likely objecting to my expungement? 2) Why were they allowed to file an objection on Jan. 18th, 101 days after I filed my petition (Oct. 9), 3) What typically happens during these hearings?, and 4) What are the odds my petition will be denied? Thank you very much for your help.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Samuel II replied 1 year ago.

Samuel-II :

Hi

Samuel-II :

Anytime you file for expungment where there is a victim, the victim has to be notified and sometimes it is not readily available as to where the victim is

Samuel-II :

So it has to go through the DA's office and as such the DA is probably opposing on behalf of the victim

Samuel-II :

The hearing will mean that you will have to listen to the DA tell the court the details of the crime and why you were convicted. They may have a letter from the victim which will detail how the victims life has been affected by the abuse and why you should not be entitled to a clean record

Samuel-II :

You will have an opportunity to respond

Samuel-II :

I suggest if you can get a local attorney, you might want that so that the court will not preceive you as hostile in anyway

Samuel-II :

And it may be difficult for you to not sound hostile

Samuel-II :


If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck

Expert:  Samuel II replied 1 year ago.
Hi

I just want to be sure you can see my answers in the chat



If you have other questions, please post them here and I will provide you information. Otherwise, I would appreciate you taking time to rate this service "good to excellent" so that I may get credit for my time and information. Rating will not close your question. You will always be able to review it. It will only close a Chat - Thank you and good luck

Customer: replied 1 year ago.

1) I was not convicted of any crime, only arrested.


 


2) The "victim" is my current husband, who did not work with the DA in any way.


 


3) The circumstances regarding the arrest are as follows: I found my husband in our bed with my best friend. I lost my temper and lunged at him (I was very angry and intoxicated.) The state's attorney was aware of the circumstances, and even offered his sympathies to me during the initial hearing, though I realize this means very little.


 


My husband and I have since entered counseling, and I have forgiven him and my best friend, and we are all trying to move on. This is making that very difficult, especially since I just lost my job, and I'm worried I'll have a much more difficult time finding another one with an arrest on my record.

Expert:  Joseph replied 1 year ago.

I see that you have opted out the previous expert. Let me see if I can help with your questions....

.

1. While it's speculative, my guess would be the prosecutor is objecting. It varies from jurisdiction to jurisdiction, but I can tell you that the policy of many prosecutor's offices is to object to any request for expungement, it's just standard procedure.

.

2. Any objection was supposed to have been filed within sixty days. You should mention this to the judge at the upcoming hearing, the judge might then deny the objection.

.

3. Such a hearing typically involves the petitioner stating why he or she is eligible for the requested relief and why they want the relief, in other words, indicating what might be improved in their life if the case is expunged. And, of course, the objecting party would state their objection, which is usually something along the lines of that they believe the records should remain intact.

.

4. Please know that no one can tell you with certainty what the outcome might be. However, I can state that my experience has been that judge's seem to want to grant this relief to people when they are eligible for that relief. So, as you seem to meet the requirements, my thought would be that the judge will likely grant your requested relief.

.
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Customer: replied 1 year ago.

Thank you very much for your response. I do feel a lot better after reading it and it is much more tailored to my individual circumstances than the previous response. I have two more questions:


 


1. Again, I just lost my job and money is extremely tight. How essential is it that I hire an attorney for this one appearance? My plan of action is to appear before the court on my own on the required date and answer any questions I'm asked (though when would I bring up the filing deadline?), then hire an attorney for an appeal if my expungement is denied, thereby saving money I don't really have until I absolutely need to spend it. Is this incredibly stupid? Am I shooting myself in the foot by appearing alone, like in a criminal trial?


 


3. Final question: I am a teacher by training and trade, and an arrest record makes employment pretty much impossible. Should I tell the judge I'm a teacher? Or will this work against me because I'm working in a field that requires a higher level of "moral fiber" than most? An expungement would provide tremendous relief, but do judges have any prejudices (generally speaking) about who deserves it for employment purposes?


 


These will be the last questions, I promise. :)


 


Thanks again.

Expert:  Joseph replied 1 year ago.

1. Perhaps it's my bias, but I would always suggest hiring an attorney. Keep in mind that this is what we do for a living and, as such, we should be able to present your case better than you. No offense, but this is what we're trained to do. Likewise, I'm sure you would be much better at teaching. MUST you hire an attorney? No. SHOULD you hire an attorney? In my opinion, yes.

.

3. I would suggest that the answer to this question depends on the perspective of the specific judge assigned to the case. I could certainly see a judge subscribing to the "moral fiber" argument that you mentioned. Having said that, my personal opinion is that this should help you. My thought would be to argue that this was an extremely isolated incident and based on a momentary lapse of judgment (for understandable reasons) and that it should not hold you back in your career.

.
I hope you found my answer helpful. If so, please click on "OK", "Good" or "Excellent" service. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Even if you are a subscription member, you will need to click on one of the positive indicators. Your question will not close, and you will still have the opportunity to follow-up if needed.
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If you are not yet satisfied with my answer, please do not yet rate my service. Instead, please click on the "Reply to Expert" and let me know what else I can do for you. Please only rate my answer when you are fully satisfied.
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Also, several customers have asked how they may direct a question to me in particular. If you specifically want me to assist you in your legal matter, just put "FOR JOSEPH" in the subject line and I will gladly pick up the question as soon as I am on-line.
.
Leaving a bonus is not required but doing so is certainly appreciated! Thank you and good luck.

Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7279
Experience: I have 15 years experience in criminal litigation including several years as a felony prosecutor
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I have 15 years experience in criminal litigation including several years as a felony prosecutor