Tampa, FL asked in Traffic Tickets for Illinois

Q: How can I clean my record of a 12 year old misdemeanor warrant on very limited funds

Related Topics:
1 Lawyer Answer

A: First, the proper procedure is to file a motion to quash a warrant. This is a document that very often the circuit court clerk has a form for in the office. You should visit the clerk of the county in which you have the warrant. Fill out the form and set a court date for the motion to quash. Most of the time, warrants for arrest are the product of failing to appear at a court date and this will resolve it because you are remedying the issue. If your warrant is unrelated to a failure to appear, I would suggest visiting another attorney and asking them as I cannot guarantee this will resolve it. The clerk MAY require an additional motion to vacate a failure to appear or bond forfeiture judgment. Confirm this with them when you file the motion. As for cost, each motion costs approximately $30-55.

In order to file the motion, you will need to know about the warrant. You can call the sheriff's office in the county and they will inform you of any warrants and give you information on them.

Lastly, if your warrant was for failing to appear, appearing in court on it will treat the case as if you appeared on the day you show up. You should have a good reason for the failure to appear to give to the judge when you appear. Also, you should have, in your back pocket, enough cash to pay the bond on the warrant JUST IN CASE. Most times when you come for a warrant on a case this old, it won't be a problem quashing the warrant.

If any of this is unclear, remember that attorneys often offer free consultations so this is a way to probe for more information. Additionally, you may choose to hire one as the cost may be as low as a few hundred dollars to resolve a warrant.

Hope that helps!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.