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Criminal Courts expungement hearing .. should be easy ? can i go by myself ?

Chicago, IL |

I recently got a notice of my upcoming expungement hearing. I applied for expungement about five months ago. It is for a misdemeanor charge and were dismissed ..do i need to saying something ?? do i need to hire an attorney ???

Attorney Answers 6

Posted

If this was your only arrest, it was for sure dismissed, and neither the State's Attorney or the Illinois State Police has filed an objection, you might get lucky and find the prosecutor handing you a signed expungement order when you walk in the door so you won't even have to go in front of the judge. If something goes wrong you might wish you had a lawyer with you.. Your call.

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Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

I completely agree with Counsel Sachs' admonishion that at this statge of the Petition it is crucial to complete it without any problems.

Asker

Posted

that is my first time arrest and was dismissed .before few months ago i received IL state police's letter the result is no objection -petition if like this Situation,do i need to speak something ???

Joshua Sachs

Joshua Sachs

Posted

What was the charge against you?

Asker

Posted

retail theft 。。It is for a misdemeanor charge 。。what happen will be in the court ?

Joshua Sachs

Joshua Sachs

Posted

If you are worried about the expense of retaining a lawyer where it might not be necessary you could go in yourself and ask for a continuance to get an attorney if things happen to get sticky. I can't tell you what the judge would do in that situation.

Asker

Posted

thank you so much

Posted

this is one of those situations where it is really your call. Mr.Sachs as indicated, you might encounter a sympathetic ASA and the matter will run smoothly with or without an attorney. On the other hand, things may not go as you had hoped. In the words of Dirty Harry, "Do you feel lucky?"

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Posted

Without knowing the specifics of your particular Petition to Expunge it is impossible to advice you what you say if there will be any objection to expungement.
Usually, however, in my recent professional experience, the hearings did not produce any opposition to the Petitions and were effectively granted.
Finally, if you have any concerns that your particular Petition may be opposed, please discuss your thoughts with a criminal defense attorney. Usually, most of us will briefly advise you at no charge.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Asker

Posted

do you know what happen will be in the court ?that is first time arrest for retail theft charge,case was dismissed and.before few months ago i received IL state police's letter the result is no objection -petition

Posted

Always better to go in with an attorney who knows your background. You have come this far, don't stop now.

Sal Sheikh practices law in Illinois.This answer is provided solely for informational purposes only. You should always speak directly with a lawyer in your State. It is difficult to evaluate your legal problem without a consultation and review of all the facts and documents at issue. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.

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Posted

As most of the above advised, you will probably be OK just going by yourself. In Chicago the order granting the petition for expungement is usually even signed before you get there, HOWEVER, even as a first arrest that ended in dismissal I have come across several occasions where a routine expungement required a hearing because of the nature of the alleged offense. I have come across this situation on 1st arrest and dismissal charges of indecent exposure, soliciting a prostitute, and other similar offenses. If you go it alone, and it turns out to not go in your favor, you can ask the judge for a continuance to bring in a lawyer.
Good luck.

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Asker

Posted

do you know what happen will be in the court ?that is first time arrest for retail theft charge,case was dismissed and.before few months ago i received IL state police's letter the result is no objection -petition

David Scott Olshansky

David Scott Olshansky

Posted

It looks as though there were not objections filed against petition, therefore, it most likely will just get the "rubber stamp" of approval without a hearing.

Asker

Posted

what is " rubber stamp " ??

Posted

What are you trying to expunge?
Cookcountynotguilty.com

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