Skip to main content

Accused of rape, she did not pursue, had fingerprints taken. How can I ensure I get a governmental job? Expungement?

Rock Island, IL |

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.

+ Read More

Attorney answers 5

Posted

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

Content intended as educational information only and not particularized legal advice or solicitation. Attorney-Client relationship is not formed by the content of posts or use thereof. Outcomes may vary based on facts, legal issues and other variables. Consultation with an experience attorney is recommended.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

I agree wholeheartedly.

Posted

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.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

I agree wholeheartedly.

Posted

different states have different rules on expungements

Posted

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.

Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

I agree wholeheartedly.

Posted

I strongly recommend expunging the record regardless of your present job to make your record completely free of any blemish for any professional pursuits.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and 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 professionally competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide a competent professional opinion, however, the law and its applications change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions expressed are general in nature, and may not apply to specific, factual or legal circumstances related to one's present legal issues. Contact an experienced lawyer admitted to practice in that State under an attorney-client privilege to further receive comprehensive legal assistance before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer