Expungement Attorney in Cairo, Illinois – Cairo Experienced Lawyers Expunging Your Record If you have a criminal record, chances are that you have experienced the frustration of being refused certain employment, having had your rental application denied or been turned down by the school you hoped to attend. It is difficult for anyone with a criminal record, and especially someone with a felony conviction, to be fully reintegrated into society and to enjoy the same opportunities available to most everyone else. An expungement provides a second chance for those individuals who have completed their probation and not served any state prison time. The expungement process can be difficult and exasperating in some cases and it may often take reasoned arguments by an experienced expungement lawyer along with supporting documentation to get you the relief you want. Our expert expungement attorneys have the real life experience you will need to have your conviction set aside and your records cleared or made inaccessible to the general public. Do it right the first time and you will save valuable time and money and have the satisfaction of once again having a chance for a brighter future. There are other options available to you for post-conviction relief that an attorney from the Expungement Law Group can advise you on if applicable to your case including record sealing, early termination of probation, reduction of a felony to a misdemeanor, obtaining a Certificate of Rehabilitation and Governor’s Pardon along with expungement. Expunging Your Conviction Expungement in Cairo, Illinois does not mean the destruction of your records since law enforcement and the courts will retain these records to be used under certain circumstances. It does, though, enable the court to reopen your case and dismiss your conviction provided certain conditions have been met. Our attorneys will retrieve your records containing your conviction, sentencing and release from probation dates before filing a 1203. 4 or 1203.4a Petition with the court where your plea or conviction was obtained. All applicable documents are filed and served on the court, district attorney and probation department. A hearing date is set. If there is no opposition, then no court appearance is generally required. Some infraction, misdemeanor, felony offenses can be expunged including:
Post-Conviction Relief There are a number of post-conviction options available to you that can enable you to have a second chance and enjoy the opportunities denied you because of your criminal record. These include the following:
Infractions, misdemeanors and felonies can be expunged provided you only received probation and did not serve any state prison time. Also, your offense cannot have involved a sexual crime involving a minor. In some cases, even if you violated your probation, you may still be able to receive an expungement order. An expungement effectively dismisses your conviction and allows you to lawfully state under oath on most employment, rental housing and school applications that you have never been convicted of a crime.
As indicated, a felony can be expunged so long as you did not serve any state prison time and you have completed all the terms and provisions of your probation. If you did serve time in state prison, your other option is a Certificate of Rehabilitation. You may have to wait at least 7 years before applying but you are automatically eligible for a Governor’s Pardon and it does allow you to now apply for state and vocational licenses for which you were previously prohibited.
Many probation periods are 3 or 5 years. Regardless of how long, though, after you have successfully served at least half of it, you may apply for early termination. An expungement lawyer from our office can prepare your request and obtain letters of support or evidence of rehabilitation along with a statement as to why you should be granted early termination. Once it is granted, we can begin the expungement process.
In many instances, a felony can be later reduced to a misdemeanor pursuant to Penal Code Section 17(B). This would include those offenses considered “wobblers” wherein the district attorney has the discretion to charge you with either a felony or misdemeanor. Reducing your conviction to a misdemeanor restores your right to possess and own firearms for example and can eliminate potential immigration problems. It can also ease and expedite the expungement process. An expungement attorney from our office can offer this service to you as part of our representation.
Another form of post-conviction relief pertains to sealing your arrest records or juvenile and drug diversion records. Arrest records may be sealed provided charges were either dismissed or you were never prosecuted. Under Cairo, Illinois Penal Code Section 858.1, your arrest records may be sealed and not publicly accessible but only if a court determines that no reasonable cause exists to believe that you committed the offense for which you were charged. Prosecutors have discretion whether to charge you though there may be evidence that seemingly appears sufficient to link you to the crime. If a judge feels that there was probable or “reasonable” cause to believe you committed the crime regardless if you were charged, then your arrest records may not be sealed. An expungement attorney from the Expungement Law Group will review the facts of your arrest and advise you whether they meet the standard for sealing. Juvenile records are often not available to the general public but it is worthwhile to have them sealed nonetheless to avoid any potential problems you may encounter as an adult. You must be at least 18 years old, or the juvenile court’s jurisdiction ended at least 5 years earlier, did not commit any crimes involving moral turpitude and have no pending criminal charges, and you present evidence of rehabilitation. Drug diversion is available usually for first time offenders charged with possession. Once you successfully complete all terms and conditions in the diversion program, you can petition the court to have your arrest and other records sealed. Contact Us to Get Started An expungement lawyer from our office is available to discuss your case at no charge for an initial consultation. You can call us to discuss your case or schedule an appointment where we can determine which form of post-conviction relief may be available to you. Once you retain us, we will work quickly and diligently to get your documents filed and served and to get your life back on track towards a better future for you and your family. About CairoCairo (/ˈkeɪroʊ/ care-o) is the southernmost city in the U.S. state of Illinois, and is the county seat of Alexander County. Cairo is located at the confluence of the Mississippi and Ohio Rivers. The rivers converge at Fort Defiance State Park, a Civil War fort that was commanded by General Ulysses S. Grant. Cairo has the lowest elevation of any location within Illinois and is the only city in the state surrounded by levees. Several blocks in the town comprise the Cairo Historic District, listed on the National Register of Historic Places (NRHP). The Old Customs House is also on the NRHP. The city is part of the Cape Girardeau−Jackson, MO-IL Metropolitan Statistical Area. The population at the 2010 census was 2,831, a significant decline from its peak population of 15,203 in 1920. The entire city was evacuated during the 2011 Mississippi River Floods, after the Ohio River rose above the 1937 flood levels, out of fear of a 15-foot wall of water inundating the city. The United States Army Corps of Engineers breached levees in the Mississippi flood zone below Cairo in Missouri in order to save the areas above the breach along both the Ohio and Mississippi rivers. Cairo was founded by the Cairo City & Canal Company in 1837, and incorporated as a city in 1858. For fifteen years, the town grew slowly, but the sale of lots (commencing in 1853) and the completion of the Illinois Central Railroad attracted settlers and merchants. By 1860, the population exceeded 2,000. For protection from seasonal flooding, Cairo is completely enclosed by a series of levees and flood walls, due to its low elevation between the rivers. Several buildings, including the old custom house, were originally designed to be built to a higher street level, to be at the same height as the top of the levees. That plan was scrapped as the cost of fill to raise the streets and surrounding land to that height proved to be impractical. In 1914 a large flood gate was constructed by Stupp Brothers of St. Louis, Missouri. The flood gate is known as the "Big Subway Gate," and it was designed to seal the northern levee in Cairo by closing over U.S. Highway 51. The gate weighs 80 tons, is 60 feet wide, 24 feet high and five feet thick. With the addition of the gate, Cairo could become an island, completely sealed off from approaching flood waters. Cairo's turbulent history is often traced back to the lynching of black resident William James. In 1900, Cairo had a population of nearly 13,000. Of that total, approximately 5,000 residents were black. In 1900, this was an unusually high black population for a town of Cairo's size. Five percent of all black residents of the state of Illinois resided in Cairo. As a result of the large black population in a town with a traditionally southern white heritage, race relations were already strained by 1900. On the night of November 11, 1909 two men were lynched. The first man lynched was a black man named William James, who was allegedly responsible for the murder of Anna Pelly, a young white woman killed three days earlier. The second man lynched was a white man named Henry Salzner, who had allegedly murdered his wife in the previous August. With the decline in river trade, as has been the case in many other cities on the Mississippi, Cairo has experienced a marked decline in its economy and population. Its highest population was 15,203 in 1920; in 2010 it had 2,831 residents. The community and region are working to stop abandonment of the city, restore its architectural landmarks, and develop heritage tourism focusing on its history and relationship to the Mississippi and Ohio Rivers, to bring new opportunities to the community. more ... |
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