As a Convicted Felon, Can I Vote in November?

Can 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

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Ina Silvergleid
What Should a Legal Permanent Resident Do After Being Charged with a Crime?

What steps should a Legal Permanent Resident take after getting arrested?

  • Immediately inform your defense attorney that you are not a U.S. citizen

  • Try to find a defense attorney familiar with the immigration ramifications of being convicted of a crime

  • If financially feasible, hire an immigration attorney to assist defense counsel in obtaining an outcome in the criminal case that will preserve your current and future immigration plans

  • If a plea deal is to be negotiated, the prosecutor should be informed of your legal status, as well as the immigration consequences you are seeking to avoid

  • If your case goes to trial before a judge or jury, the judge should be made aware of your legal status and attendant immigration consequences

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Ina Silvergleid
Think Twice Before Paying an Out-of-State Attorney to Expunge or Seal Your IL Criminal Record

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.

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Ina Silvergleid
Have a Criminal Record and Want to Travel Outside the U.S.? Read This Article Before Making any Travel Arrangements

Having 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.

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Ina Silvergleid
Are DCFS “Indicated” Child Neglect Findings Crimes of Moral Turpitude? Probably Not.

Few 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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Ina Silvergleid