Back in 2020, I questioned why the Illinois State Police (“ISP”) was providing flawed appeal guidance to individuals denied a FOID card due to a felony conviction. At that time, Illinois law no longer gave those with a felony conviction a right to go into court and ask a judge to order the ISP to issue them a FOID card. It wasn’t until 2021 that a convicted felon could once again ask a judge for such relief.
Read MoreIf you have a DUI on your record, you are likely asking: Can you expunge a DUI in Illinois? We cut through the confusion to give you the definitive answer. Unlike most other misdemeanor and felony convictions, DUI is one of the offenses that is currently ineligible for sealing or expungement. Read our guide to understand why a DUI conviction remains on your public record and learn about the one legal process—Executive Clemency—that can offer relief from its burden.
Read MoreCan someone convicted of a felony vote in the upcoming presidential election?
Most states bar a convicted felon from voting while s/he serves time in prison
Only three jurisdictions, D.C., Maine, and Vermont, do not disenfranchise citizens convicted of a felony
A majority of state automatically restore voting rights to individuals once released from prison or after completing all their sentence terms (e.g., parole, probation, payment of fees/restitution)
Voting rights are not automatically restored in six states; individuals in these states must satisfy additional conditions before their rights are restored
Why would anyone hire an out-of-state attorney to expunge or seal their criminal record? In recent years, a number of out-of-state businesses have sprung up offering bargain rate expungement/sealing services.
When someone hires an out-of-state practitioner/entity instead of a local attorney, there’s no guarantee that outsider will be familiar with the local practices of the court who’ll rule on the petition.
Any Illinois attorney who regularly practices in this area knows all too well that from one court district to the next (in Cook County) or from one county to the next, the state’s expungement/sealing law is not interpreted or applied the same way from one judge to the next.
Read MoreHaving a criminal record can impact your ability to travel internationally. Certain countries may refuse entry to individuals with criminal convictions. Understanding the entry rules of the country you plan to visit is crucial to avoid any travel disruptions. Seek legal advice or information before making any international travel arrangements if you have a criminal background.
Read MoreFew people obtain legal representation when investigated by DCFS. Many parents probably don’t know that DCFS can remove children from their parents’ custody and impose conditions that must be met before the family is reunited. DCFS is the state agency responsible for investigating non-criminal allegations of child abuse and neglect. DCFS need only find credible evidence of abuse or neglect, a significantly lower burden of proof than required to find someone guilty of a crime. Because DCFS investigations lack the due process guarantees afforded to criminal defendants, it is unlikely that immigration authorities would conclude that an indicated finding of abuse/neglect is a CMT
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