Expungement Attorney in Cherry Valley, Illinois – Cherry Valley 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 Cherry Valley, 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 Cherry Valley, 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 Cherry ValleyThe village of Cherry Valley, Illinois is a community of 8.72 square miles (22.6 km2) located in the Kishwaukee River valley, which lies primarily in Winnebago County. Approximately ten percent of the village is located within Boone County. The village is within the Rockford, Illinois Metropolitan Statistical Area, and borders the southeast side of Rockford. The population is 3,162 as of the 2010 census, up from 2,191 at the 2000 census. Official documents from the Winnebago County Clerk's office and the Village of Cherry Valley state Cherry Valley was settled in 1835. The first settler was Joseph Griggs.[citation needed] Cherry Valley was incorporated as a village on January 31, 1857. Early landmark events for Cherry Valley was the establishment of a mill on the Kishwaukee River, and the coming of the railroad in 1852. Cherry Valley was originally called Griggs Ford, and then other names, none of which were found suitable.[by whom?] Accordingly the leaders in the village decided to change the name; people could make choices and put their suggestions in a hat. A Mrs. Butler, from Cherry Valley, New York placed the name of Cherry Valley in the hat and that name won. The core of the village, centered on its main street businesses in small brick buildings, is surrounded by several blocks of houses built in the 1800s. This late 19th century appearance is further accentuated by turn of the century style lamp lights as well as the original brick paving along the eastern end of main street. Cherry Valley was the first community in the area to implement a comprehensive, curb side recycling program for all its residents.[citation needed] It was also the first community in the area to require full urban improvements for all new subdivisions (sanitary sewer, municipal water, curb, gutters, sidewalks, etc.)[citation needed] Cherry Valley was also the first community in the region to require subdivision developers to dedicate land or fees for the development of parks and open space. Most of Cherry Valley is within the Rockford School District, with a small portion in the Belvidere School District. There is only one school within the village center, which is named Cherry Valley Elementary, taking children in grades 3 through 5, with village children in grades K-2 going to White Swan Elementary outside the village center. The core of the village is located a little north of the confluence of the north and south branches of the Kishwaukee river. There is a slight depression as one moves towards the center of the village, which is a formation of the Kishwaukee river valley. Key to the village economy is million square foot CherryVale Mall, one of the first enclosed shopping malls in Illinois. CherryVale, which draws shoppers from a radius of over 50 miles (80 km), produces the greatest single source of revenue for the village, in the form of a 1% sales tax that is levied and collected by the State of Illinois and then distributed to the community. Because of this sales tax, Cherry Valley is one of only a handful of communities within Illinois that does not levy a municipal property tax. Another notable commercial enterprise in Cherry Valley is the Kegel Motorcycle Company, which has a strong claim to being the world's oldest Harley-Davidson dealership. more ... |
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