As an Illinois criminal defense attorney, I often file expungements for my clients. This crucial part of my work helps people clear their criminal records and start fresh. Recently, while buried in paperwork, I had an epiphany: why don’t we have a term for the potential of a record to be expunged? We should call it “expunge-ability.”
What is Expungement?
Expungement allows individuals to remove certain criminal records from public view. Imagine this: when you expunge a record, it’s as if the incident never happened. This process frees individuals from the burden of their past, significantly improving their chances in employment, housing, and education.
For example, someone who was arrested but never convicted can remove that arrest from their background check. This allows them to move forward without that shadow over their future.
The Concept
“Expunge-ability” refers to whether you can expunge a criminal record. It’s all about the eligibility and likelihood that a particular offense can be wiped clean. Introducing “expunge-ability” as a term clarifies legal discussions and helps people understand their options better.
Why “Expunge-ability” Matters
Clearer Legal Conversations: A term like “expunge-ability” simplifies discussions among lawyers, clients, and the courts about whether a record can be expunged. For instance, instead of saying, “Can we expunge this record?” we could ask, “What’s the expunge-ability of this record?” This cuts down on confusion and helps everyone get on the same page quickly.
Educating the Public: People with criminal records need to understand their rights and options. “Expunge-ability” is a straightforward term that helps them grasp whether they might clear their records. For example, a person with a misdemeanor charge could quickly learn about their expunge-ability, empowering them to take steps to improve their lives.
Better Laws and Policies: When lawmakers and advocates discuss expungement, using a term like “expunge-ability” helps create clearer, more effective policies. It ensures everyone talks about the same thing and aims for the same goals. Imagine a legislative session where lawmakers debate the expunge-ability of certain offenses, leading to more precise and targeted laws.
Supporting Reform Efforts: Criminal justice reform often focuses on expanding access to expungement. “Expunge-ability” helps advocates clearly communicate why more records should be eligible for expungement, promoting fairness and second chances. For example, an advocate could argue that increasing the expunge-ability of non-violent offenses would help many individuals reintegrate into society.
How Expungements Work in Illinois
So, how does this whole expungement thing work? Let’s break it down step by step:
Determine Eligibility: First, figure out if you can expunge your record. Generally, arrests, charges, or minor convictions that didn’t result in a conviction may qualify. It depends on the specifics of the offense and your criminal history. For example, someone arrested for a minor theft charge that was later dropped might be eligible.
File a Petition: Next, file a petition with the court. This petition includes details about the records you want to expunge and why you’re requesting it. Be thorough and accurate here. Imagine this as your formal request to the court, explaining why you deserve a second chance.
Notify Relevant Parties: After filing, notify law enforcement agencies and prosecutors. They have the chance to object to your expungement. This step ensures that all parties involved in your case know about your request.
Attend a Hearing: If there are objections, you might have to go to a hearing. The judge will listen to both sides and decide whether to grant the expungement. This is your chance to make a strong case. Picture yourself in court, presenting evidence of your rehabilitation and explaining why expungement is crucial for your future.
Order of Expungement: If the judge agrees, they’ll issue an order to expunge your records. You’ll get a certified copy of this order. Think of this as your official document stating that your past is officially behind you.
Clear the Records: Finally, the relevant agencies will clear the records, making it as if the incident never happened. This can take some time, but it’s worth the wait. Imagine the relief of knowing that your past mistakes no longer hold you back.
Conclusion
As an Illinois criminal defense attorney, I see the incredible impact expungements can have on people’s lives. Recognizing “expunge-ability” as a legal term would make the process clearer and more efficient, helping even more people move on from their past mistakes.
If you or someone you know is considering an expungement, get in touch with us at Edward Johnson and Associates. We’re here to help you navigate the process and start anew.