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Approximately 15 years ago, my son was convicted of breaking…

Approximately 15 years ago, my...
Approximately 15 years ago, my son was convicted of breaking and entering with burglary tools (he had a key) a felony in Illinois. Nothing was taken. He was 22 and admitted not thinking of the ramifications of his actions. I feel his representation misled him and was not up front that he would be charged with a felony. He has had no other altercations with the law. Can this incident be expunged from his record? He currently lives in Arkansas and has been unable to find employment. Is there a direction he can go to get this resolved?
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Answered in 15 minutes by:
8/1/2016
Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,984
Experience: Licensed attorney with 29 yrs. exp. in criminal law
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Hello,

Thank you for the information and your question. Unless your son served in the military and has an Honorable Discharge from the military, he would not qualify for expungement of his felony conviction in Illinois. However, since it has been over 5 years since his conviction, and I assume the end of his sentence, he appears to qualify to petition to have his conviction sealed. Sealing a conviction would have a similar affect to expungement for purposes of most employers. In other words, most employers who are non-Government agencies and do not require a fingerprinted FBI background check, would not have access to his criminal record (assuming this was his only conviction) once the record is sealed. He would still have a conviction on his record (an expungement removes the conviction), but it could not be released to most employers.

He can find out more about the process by going to the following link: https://www.illinois.gov/osad/Expungement/Documents/Crinminal%20Exp%20Guide/ExpungementSealingOverview.pdf

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating in the ratings box above, I will receive credit for assisting you today. Thank you

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Customer reply replied 2 years ago
Thank you for the information. Can he do this process on his own or will he require an attorney?

It is possible to do it pro se (without an attorney), but because he is now no longer living in Illinois, where he would have to file the petition, etc, he may want to consider hiring an Illinois criminal law attorney who deals with post-conviction issues like this. He may also qualify for a free attorney, but will need to review the information provided by the link I supplied to see if he qualifies.

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Customer reply replied 2 years ago
Thanks Marsha, I will let my son know what he needs to do. I appreciate your clear explanations. Carol

You're very welcome Carol and best to you and your son.

Marsha411JD
Marsha411JD, Lawyer
Category: Criminal Law
Satisfied Customers: 20,984
Experience: Licensed attorney with 29 yrs. exp. in criminal law
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