I would like to know how can I get court dismissal off my public record. A case was filed and dismissed 3 years ago, but still shows as dismissed. Trying to rent a property but that affects it please any help greatly appreciated.
It appears you qualify for expungement. Hope this helps:
Here are the forms you will need: http://www.illinoiscourts.gov/Forms/approved/expungement/expungement.asp
You can seek expungement without an attorney. If and when you qualify for expungement can be reviewed at the following links.
For Cook County:
http://188.8.131.52/newsite/GI_NEWS/newscontent/Events/2016/2016ExpungementandSealingPacket .pdf (Cut and paste link into browser.)
or for outside Cook but still in Illinois, go to: http://www.illinois.gov/osad/Expungement/Pages/default.aspx
I would suggest you first obtain a certified copy of the disposition of your case because if you succeed in having it sealed, it will never be available to you again and you might need it in the future to explain your background. You can get it from the Clerk of the Circuit Court where your case was heard. Then file for both expungement and sealing.
Although AVVO describes this site as providing free legal advice, it is really a simple Q&A forum. The volunteer attorneys provide general answers. No specific legal advice is given here and no attorney-client relationship is established. For precise direction and legal advice, please consult in person with an attorney in your area. Be sure to bring all relevant paperwork with you.
You may consider expunging your dismissed state criminal case along with its arrest record immediately. Go to the Illinois Appellate Defender site to review the manual on expungement in further details.
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
You qualify for expungement if this was your only case and it was dismissed. The Illinois State Appellate Defender website has an expungement guide to read. Also, contact the clerks office in the jurisdiction the case originated from, and they should be able to assist you with the appropriate forms/fees to navigate the expungement process.
It would be advisable to contact an attorney to review your arrest record and determine your eligibility for expungement. If the case was dismissed, it is very likely you are eligible. You are not required to have an attorney, but many people choose to hire an attorney to ensure the process is handled properly. Best of luck.
The information contained in this answer is offered for informational purposes only. This information does not constitute legal advice, attorney advertising, or establish an attorney-client relationship. Individuals with questions in any area of the law should directly consult a qualified attorney licensed to practice in that individual's jurisdiction. www.illinoislawoffices.com
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