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Arrest Records Remain Until You Take Steps

An arrest record brings headaches years later.
Atty. Janaan Hashim
By: Atty. Janaan Hashim

When it comes to arrest records, people all too often make an illogical leap that leaves them with the wrong impression of their record and what happens to it once their case is over.  Since there’s the Constitutional provision that a person is innocent of a crime until proven guilty, people then incorrectly think that since they were proven not guilty after being accused of violating the law, then their arrest record is automatically cleared.

In Illinois, arrests remain in the public record until the accused takes steps to remove the arrest from the public record and the judge grants the accused’s request. Time means nothing in this context and, as such, with no action taken by the accused to expunge their record, arrests will remain indefinitely in the public record.

Getting the Record Cleared

The steps to be taken are provided under the Illinois Criminal Identification Act. The Act requires the accused to petition the court to expunge that person’s record. Even though the person was not convicted, though, the decision whether the arrest record gets expunged is up to the judge – there’s no “right to expungement” because the accused was found not guilty.

The reason why the law puts a judge in this position is so that the judge can be a gatekeeper of information. The judge weighs two competing interests: the petitioner’s interest in having his/her record cleared and the state’s interest in keeping the petitioner’s arrest available to the public. There are a number of factors that the judge considers which should be properly argued at the petition hearing to increase the chances of the judge granting the petition to expunge and having the arrest permanently removed from public view.

The above is provided for informational purposes only and is not intended to serve as legal advice.  Seek legal advice only from an attorney.  For legal advice on expungement matters, contact Atty. Janaan Hashim and she’d be happy to share with you her legal expertise.  If you have a few questions that can be wrapped up in 30 minutes or less, try our 30-Minute Quick Call Appointment.