Don’t Delay Expungement

It is common for a person to call a lawyer and want the lawyer to immediately get the person’s past criminal case expunged.  Often, the potential client is seeking a promotion or new job and doesn’t want his criminal history to come back to haunt him.  It is also often the case that the person could have avoided the “emergency situation” by calling the lawyer long before the “emergency” arose.

Unfortunately, records cannot be expunged overnight.  It takes a lawyer time to evaluate a person’s eligibility.  It takes a lawyer time to draft and file the appropriate paperwork.  It takes time for the court process to occur.  It takes time for the appropriate governmental entities to expunge their records after a judge orders them to do so.  Since expungement is a slow process, a person should seek expungement the first day he is eligible for it and not when he needs it later down the road.

Waiting is also a bad idea because things can happen to cause a person to lose his eligibility for expungement (e.g., the person receiving a later ordinance-violation conviction).  Putting off petitioning for expungement can only hurt a person; it will not help him.

Jeremy Richey

Jeremy J. Richey, Attorney at Law
© Jeremy J. Richey and The East Central Illinois Criminal Law & DUI Weblog, 2008-2012. Unauthorized use and/or duplication of this material without express and written permission from this blog’s author and/or owner is strictly prohibited.