Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.
All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.
A motion for a new trial in Chicago Illinois for the purpose of expunging a criminal record is a legal procedure that aims to overturn a previous conviction and ultimately have the criminal record expunged. This process is typically pursued by individuals who believe they have been wrongfully convicted or have met certain eligibility criteria for expungement. Here are some types of Chicago Illinois motions for new trial for the purpose of expunging a criminal record: 1. Conviction Integrity Unit (CIU) Motion: In Chicago, the Conviction Integrity Unit is responsible for reviewing cases in which defendants claim to be innocent or where there is a strong possibility of wrongful conviction. If new evidence comes to light or if procedural errors occurred during the trial, a CIU motion can be filed to initiate a new trial and potentially expunge the criminal record. 2. Post-Conviction Relief (PCR) Motion: Those who have already exhausted their appeals process may file a PCR motion. This type of motion typically requires presenting newly discovered evidence, showing ineffective assistance of counsel, or highlighting constitutional violations that may have occurred during the trial. If successful, a new trial may be granted, leading to the potential expungement of the criminal record. 3. Certificate of Innocence Motion: If individuals have been previously pardoned, had their convictions overturned, or had charges dismissed due to evidence of actual innocence, they may file a motion for a Certificate of Innocence. Obtaining a Certificate of Innocence from the court is a critical step towards expunging the criminal record and proving that the conviction should never have occurred in the first place. 4. Expungement Motion: Once a new trial has been granted or a Certificate of Innocence has been obtained, an expungement motion can be filed to permanently erase the criminal record. This motion aims to remove all traces of the arrest, charges, and conviction from public records, ensuring a clean slate for the individual. Expunging a criminal record can have significant positive implications for employment, housing, and personal opportunities. It is essential to consult with an experienced criminal defense attorney in Chicago, Illinois, to understand the specific procedures and requirements associated with filing these motions. Each case is unique, and the appropriate motion for a new trial for the purpose of expunging a criminal record will depend on the circumstances of the conviction and subsequent developments.A motion for a new trial in Chicago Illinois for the purpose of expunging a criminal record is a legal procedure that aims to overturn a previous conviction and ultimately have the criminal record expunged. This process is typically pursued by individuals who believe they have been wrongfully convicted or have met certain eligibility criteria for expungement. Here are some types of Chicago Illinois motions for new trial for the purpose of expunging a criminal record: 1. Conviction Integrity Unit (CIU) Motion: In Chicago, the Conviction Integrity Unit is responsible for reviewing cases in which defendants claim to be innocent or where there is a strong possibility of wrongful conviction. If new evidence comes to light or if procedural errors occurred during the trial, a CIU motion can be filed to initiate a new trial and potentially expunge the criminal record. 2. Post-Conviction Relief (PCR) Motion: Those who have already exhausted their appeals process may file a PCR motion. This type of motion typically requires presenting newly discovered evidence, showing ineffective assistance of counsel, or highlighting constitutional violations that may have occurred during the trial. If successful, a new trial may be granted, leading to the potential expungement of the criminal record. 3. Certificate of Innocence Motion: If individuals have been previously pardoned, had their convictions overturned, or had charges dismissed due to evidence of actual innocence, they may file a motion for a Certificate of Innocence. Obtaining a Certificate of Innocence from the court is a critical step towards expunging the criminal record and proving that the conviction should never have occurred in the first place. 4. Expungement Motion: Once a new trial has been granted or a Certificate of Innocence has been obtained, an expungement motion can be filed to permanently erase the criminal record. This motion aims to remove all traces of the arrest, charges, and conviction from public records, ensuring a clean slate for the individual. Expunging a criminal record can have significant positive implications for employment, housing, and personal opportunities. It is essential to consult with an experienced criminal defense attorney in Chicago, Illinois, to understand the specific procedures and requirements associated with filing these motions. Each case is unique, and the appropriate motion for a new trial for the purpose of expunging a criminal record will depend on the circumstances of the conviction and subsequent developments.
