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Ely
Ely, Counselor at Law
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About 7 years ago my nephew was arrested for striking HIS nephew

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About 7 years ago my nephew was arrested for striking HIS nephew because HIS nephew had stolen from him. His sister(mother of his nephew) had hiim arrested. He was charged and spent time in jail. He has lost several jobs because he is not honest when applying for jobs ..when found out he is terminated. He is a family man and is a hard worker. Is there any he can get his record expunged? He is a wonderful person and deserved better. By the nephew he checked is now serving time for selling drugs. I appreciate you and your time. Thank you
Anne L. Vaughn
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your nephew's situation. On this website, I do not always get to give 100% good news, and this is one of these times.

He is not eligible for expungement because expungement is an option for individuals who never received a conviction (he has). 725 Illinois Compiled Statutes, Act 105.

However, he may still have a chance. He may seek a PARDON, called "clemency" in Illinois. See here. This is a case by case basis and the Governor can decide at discretion on this matter.

Since October 2012, Illinois Governor Pat Quinn decided on 189 executive clemency petitions, granting 65 of them.

IF clemency is granted, with it, the Governor can decide whether or not to allow expungement then even if there was a (now pardoned) conviction. In Illinois, the considerable majority of the clemency decisions include authorization to expunge.

So his steps would be to:

1) Seek a clemency; and
2) If granted clemency WITH authorization to expunge, then to
3) File for expungement.

Even if he is granted clemency but not the authorization to expunge, clemency in itself is still GOOD because it would lessen the stigma and effect of the conviction.

Finally:

1) What his nephew is doing/not doing now (drugs, etc) has no bearing on his case, and
2) Arkansas laws differ so not the same laws apply here.

I hope this helps and clarifies. Good luck.

Please note: I aim to give you genuine information and not necessarily to tell you only what you wish to hear. Please, rate me on the quality of my information and do not punish me for my honesty. I understand that hearing things less than optimal is not easy, and I empathize.

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Ely and other Legal Specialists are ready to help you

PS - When I stated "Since October 2012, Illinois Governor Pat Quinn decided on 189 executive clemency petitions, granting 65 of them," I meant: "Up to October 2012, Illinois Governor Pat Quinn decided on 189 executive clemency petitions, granting 65 of them."

 

And, Thank you for your gratuity.