I am going for a governmental job that will eventually lead to higher, elevated positions. I worry I will not be able to get it due to my record. Will expungement help? It has been 19 months since the incident so I know she can not change her mind and press charges. Also, I have to apply soon, so should I divulge the accusation to employers or expunge it completely beforehand? Thanks.
Criminal Defense Attorney
I would recommend expungement regardless if you choose to disclose or not. If the case was dismissed, per your description, and you have not had any arrests or convictions since that time you are most certainly eligible, and I highly encourage you, to expunge the matter from your record. There are many nuances to the expungement/sealing statute, but there is no question that an individual who is acquitted, or the case is dismissed, should be entitled to an expungement. As a result of the economy, and high unemployment, many prople with criminal issues in their past have been attempting to clear their records. Yours is not a "cookie cutter: exoungement; but without a conviction and no further contact with the judicial system you should be eligible for an expungement. I would definitely recommend you contact an experience criminal lawyer to assist you in the process as your circumstances are unusual, but not unique. Good Luck hope you get the job. Dan
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Criminal Defense Attorney
Statute of Limitations on a felony is three years. You have a difficult decision to make. Do you take a chance that, when you file the Petition, the victim/witness office notifies the "victim" and she goes all prosecutorial on your? There are risks in early expungement. I think no job is worth that risk and you might get the job anyway. I would file my petition for expungement 36 months and one day after the alleged incident. Talk to a local criminal defense lawyer in your area. There are many great ones there.
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Your question leaves too many uncertainties, and these are not things to be discussed online in a public internet forum. Mr. Cameron raises some serious considerations. I suggest that you review this situation privately with an attorney familiar with criminal defense and records matters in Illinois. There are some excellent lawyers in your county.
1 lawyer agrees
I strongly recommend expunging the record regardless of your present job to make your record completely free of any blemish for any professional pursuits.
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