q: what is an expungement summit? · the expunged records may be used. “sealing” means to...

2

Upload: others

Post on 19-Jul-2020

2 views

Category:

Documents


0 download

TRANSCRIPT

Page 1: Q: What is an Expungement Summit? · the expunged records may be used. “Sealing” means to physically and electronically maintain the records, but the records are not available
Page 2: Q: What is an Expungement Summit? · the expunged records may be used. “Sealing” means to physically and electronically maintain the records, but the records are not available

Q: What is an Expungement Summit? A: An Expungement Summit is an event where eligible persons can apply to have their criminal records sealed or expunged. It is NOT a Clean Slate or Amnesty Day - no warrants will be quashed. At the 2020 St. Clair County Expungement Summit, volunteer attorneys will help people apply to have their St. Clair County criminal records expunged or sealed. Only criminal offenses that qualify can be considered for expunging or sealing. Applications will be filed with the St. Clair County Court Clerk at the Summit. The records will NOT be sealed or expunged at that time, only filed. Applicants will be notified later of the Court hearing date that will decide whether to allow the sealing or expunging.

Q: What is expungement? What is sealing? A: “Expungement” means to physically destroy the records or return them to petitioner and to obliterate the petitioner’s name from any official index or public record, or both. The Court files are impounded but not destroyed. Use of these records are generally limited to further criminal proceedings, meaning if you get charged with a new criminal offense, the expunged records may be used. “Sealing” means to physically and electronically maintain the records, but the records are not available without a court order. Most employers cannot access sealed records. But sealed felony convictions still can be accessed by an employer that is required by law to conduct fingerprint background checks, such as schools, park districts, and DCFS.

Q: Do I qualify to have my record sealed or expunged? A: The Illinois statute was recently amended and many more records are eligible for sealing than before. However, we must know your complete criminal history to determine whether you are eligible. Your complete criminal history includes offenses in all Illinois counties, offenses outside of the State of Illinois, and federal offenses. Volunteer attorneys will be available at the Summit to help you determine if your St. Clair County offenses qualify for expungement or sealing based on all your records. At the Summit, we will only have access to St. Clair County, IL criminal records. Even if your St. Clair County record is eligible, a criminal history outside of St. Clair County may make you ineligible. Keep in mind that the Illinois State Police and the St. Clair County State’s Attorney will run a full criminal history to decide whether to object to your Petition. Even if you meet all the eligibility criteria, the judge has the final decision on whether your record can be sealed or expunged.

Q: Do I need to bring my criminal history to the Summit? A: No. You may get your St Clair County only criminal history at the Summit for free. . Your criminal history may be obtained from the St. Clair County Circuit Clerk’s office on the 3rd floor of the St. Clair County Courthouse for a $6.00 fee; or you may obtain your criminal history from the Illinois State Police for a $16.00 fee within 30 days of the Summit. We will not accept St. Clair County criminal histories printed from the Internet. If you have a criminal record outside of St. Clair County, bring that information to the Summit with you. But please know, while we need information from your entire criminal history, you will only be able to file petitions to seal or expunge St. Clair County criminal records at this Summit.

Q: How much will it cost to seal or expunge my record? A: It depends. There are 3 fees associated with expunging or sealing your record: 1) $60 filing fee due AT FILING , unless the filing fee is waived. If you are required to pay the filing fee, you must bring to the Summit a MONEY ORDER or CERTIFIED CHECK for $60.00 made payable to the Circuit Clerk. NO CASH, PERSONAL CHECKS, or CREDIT/DEBIT CARDS will be accepted by the Clerk’s office at the Summit; 2) If AFTER the court hearing your Petition is granted, another $100 processing fee will be due; and 3) If you require a drug test, drug testing may be available ($10) at the Summit with same day results.

Fee Waiver applications will be available for eligible persons. If you qualify, a judge will review and approve your waiver application. If granted, the filing fee is waived. Q: If I have an open criminal case, can I get my records sealed or expunged? A: If the open case is a minor traffic violation, we may be able to assist you. If it is a pending Class A traffic, misdemeanor or felony, you will need to wait until there is a final disposition of your case. To check if you if your case is open, contact the Circuit Clerk’s office on the 3rd Floor of the St. Clair County Courthouse.

Q: If I have a warrant, can I get my record sealed or expunged? A: No. An outstanding warrant will prevent any charges on your record from being cleared. We will not be quashing warrants.