Jump to content

Objections and Expungment


quesofat

Recommended Posts

Hello,

 

 

I have a slightly unorthodox past from when I was a teen. Mainly stupid things like violating a electronic harassment ordinance (expungable, disposition supervision), a mental health past, and a something slightly more serious in regards to a attempted resisting a peace officer and other charges that weren't pursued including domestic battery...

 

(of all the things I had done in my teen years, the police were at fault for this one. Hangup 911 call by accident from iPhone lock screen, police show up 45 mins later, tell them to get the f out, they tackle me and charge.)

 

 

I have a FOID card. I was approved last week and received it this week so mental health was taken care of. Everything else is expungeable, (yes not sealable, EXPUNGEABLE).

 

When I expunge my record which I am working on now and I go to apply for the CCW permit, will there be a lack of record so the police have nothing to lodge an objection against or will the police carry an attitude similar to "we know this guy" and lodge an objection (they shouldn't know me. Went from bad teenager to church volunteer / software engineer)

 

Realistically, in the past 4ish years, I haven't really even been pulled over much. How does all this work? Am I wasting my time and money?

 

Any insight would be appreciated.

 

Thanks,

 

Quesofat

Link to comment
Share on other sites

I am not a legal authority, but I think you definitely need to expunge. When you expunge, the Court will order all of your paper records pulled and either destroyed or returned to you. All electronic records for the local and state police will be deleted. It's certainly not foolproof, but people who have had their records expunged have been told their record is clean, or they have been told things like, we see there was something there, but we cannot consider it, because it is subject to an expungement order. Even at the Federal level, which is not subject to the expungement order, FBI and DHS background checks at lower levels (think Pre-Check, Global Entry, NEXUS) do not consider anything that has been expunged.

 

tl;dr: If you expunge, you greatly decrease the likelihood of having problems in the CCL process. If you do not expunge, you are almost guaranteed to have issues. In both cases, you might get your CCL, but the time difference could be measured in many months.

Link to comment
Share on other sites

I just completed the sealing and expungement process and just received my letter from the ISP complying with the order but when I did a public records search on my name, two charges were never even filed! And one of those charges is why I initially started the long process of trying to clear my record in the first place! Just my luck! Was really looking forward to applying for my foid! Looks like it's on hold at the moment.
Link to comment
Share on other sites

Expungement petitions are insanely easy to complete pro se. I had a roommate with zilch legal knowledge expunge a ton of stuff up in Kendall County. SA didn't object to the petition so the judge entered the order.

 

You may have not been charged, but I'm guessing you were arrested. Well, there's a record of that which needs to be wiped. Arrests, any charges that were nol prossed, stricken without leave to refile, a finding of not guilty, etc. You need to expunge the arrest record, the charges, even the conviction (unless it's DUI or a sexual misdemeanor like public indecency, etc.).

 

That's my advice to everyone applying for a CCL. Make sure that you cover your posterior so they have nothing to object to. Although I have heard that Dart objects using expunged arrests as his basis, which is just beyond the pale as it defeats the purpose of expungenents...and it's unconstitutional.

 

Sent from my VS987 using Tapatalk

 

 

Link to comment
Share on other sites

I believe that expungement would be a great thing for your entire future.

 

Realistically, unless you live in a major urban, liberal utopia like Cook county...I really doubt that most local law enforcement even bothers checking applicants or would even know how to go about filing an objection...

 

Sent from my SM-N900P using Tapatalk

 

 

Link to comment
Share on other sites

I'm in Lake. I hear Dart is kinda a jerk in regards to that, but I also know the Lake County Sheriff operates like a unit of urban cowboys. Maybe they are more forgiving for CCWs? I was in Waukegan this afternoon ordering my case file to try and pull a RAP sheet from to expunge...

 

I was arrested and charged. I also have an arrest from when I was 15 that my parents talked the police out of pursuing. I was told by an attorney yesterday (that tried to charge me 1k per case) that arrests that didn't wind up in court aren't worth expunging because "Nobody can really find them anyway". I feel like he's full of crap because he's lazy and feels 1k is a fair price for sending some certified mail. Any ideas?

Link to comment
Share on other sites

I'm in Lake. I hear Dart is kinda a jerk in regards to that, but I also know the Lake County Sheriff operates like a unit of urban cowboys. Maybe they are more forgiving for CCWs? I was in Waukegan this afternoon ordering my case file to try and pull a RAP sheet from to expunge...

 

I was arrested and charged. I also have an arrest from when I was 15 that my parents talked the police out of pursuing. I was told by an attorney yesterday (that tried to charge me 1k per case) that arrests that didn't wind up in court aren't worth expunging because "Nobody can really find them anyway". I feel like he's full of crap because he's lazy and feels 1k is a fair price for sending some certified mail. Any ideas?

There is always paperwork. I had an interaction with local law enforcement at 16 that did not result in an arrest, but an objection was filed against me for a CCL

 

Sent from my SM-G930P using Tapatalk

 

 

Link to comment
Share on other sites

With all due respect, your lawyer's "advice" is...wrong. They will use that arrest against you. I've even seen a finding of not guilty being used against someone. So...expunge it. Sooner rather than later. Arrests generate paperwork as the police have to file the paperwork with the SA's office to make a charging decision. So there's always a paper trail. Clean it up.

 

Sent from my VS987 using Tapatalk

 

 

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

  • Recently Browsing   0 members

    • No registered users viewing this page.
×
×
  • Create New...