Tamara Holder Talk: Tamara Holder, Esquire
General Information

Tamara N. Holder is an Illinois defense attorney and TV/radio legal analyst. She has no shortage of opinions, many of which she shares with you here.

Criminal Defense * Criminal Record Clearing * Governor's Pardons * Discrimination * Police Brutality * Public Policy

www.xpunged.com

 



Entries in record (4)

Tuesday
15Sep2009

RE-LAUNCH OF WWW.XPUNGED.COM - CLEARING YOUR ILLINOIS CRIMINAL RECORD

I just want to remind you that I re-launched my website www.xpunged.com last week.  We are really trying to get the word out that IF YOU HAVE EVER BEEN FINGERPRINTED BY THE POLICE, YOU HAVE A RECORD THAT IS ACCESSIBLE TO THE PUBLIC! There is no such thing as your record disappearing if your case was dismissed, or if a certain period of time has passed. No matter what someone has told you, even if that someone was a judge or a lawyer, you have a record unless it has been expunged, sealed or pardoned.

I have a page with tons of info on expungement here and pardons here. Please visit our new page and allow us to pull your record and identify how we can clear it!

www.xpunged.com and www.tamaraholder.com

Sunday
22Mar2009

DON'T BELIEVE ALL YOU READ: THIS BLOG IS FACTUALLY INCORRECT - "California Gunman Kills Four Cops While Violating Parole - Save All the Expungement Hypocrisy!"

Anonymous "pathickey" has written another hate-filled blog about me. I don't care what he/she thinks of me per se; however, I'm bothered by the fact that the content of the blog is factually misleading. So, I'll use my blog to correct the record.

1) An expungement in IL is only for those who have arrests or non-convictions, i.e. NO convictions. You cannot expunge a felony or even a misdemeanor conviction. You cannot expunge the record of any person who served time in prison, who was on parole, who was on probation, or even someone who did county jail time. Any person who has a conviction must receive a Governor's pardon if he/she wants to expunge that conviction. So, "Pat" is wrong in saying that expunging a record puts cops in danger and protects career criminals. 

2) The IL State Police has refused to follow the chief judges' (Judge Paul Biebal & others) orders to expunge and seal records. Those granted the order are eligible for expungement or sealing per the law. If "Pat" disagrees with the law, I am not the correct person to write about. "Pat" should be upset with the legislators who wrote the expungement and sealing law. Maybe "Pat" has a better idea; maybe "Pat" should write his legislators with his/her suggestions. Question: why should not a person be able to expunge their record if they were never convicted of a crime? What is the harm?

3) I would never support the killing of any person, including the police. What "Pat" does not know is that I have met with Superintendent Weis numerous times regarding the killing of slain Chicago Police officer Jose Vazquez. Officer Vazquez was killed outside of his home a little over 2 years ago. Single gunshot to the chest. No witnesses, no suspects. This was a dispicable crime and whomever killed Officer Vazquez ought to be found. Officer Vazquez was a husband/brother/son and friend to many. My prayers go out to the families of the four police officers killed. My prayers also go out to the families of the TWENTY-NINE Chicago Public School students who have been killed this year. Gun violence must stop.

4) I welcome "Pat" and anyone else out there to meet me to discuss the various issues he/she has with me. Here's his/her blog: http://hickeysite.blogspot.com. Funny that he/she write blogs about "dangerous" people when the very subject matter of the blog itself is hate-filled and makes me wonder if this person has their own anger-management issues.  If you have something to say about me, say it to my face or at least get the facts straight; don't hide behind an anonymous blog. Come out, come out Mr. Anonymous.

Below is the FACTUALLY INCORRECT & ASSUMPTION-FILLED BLOG:

"California Gunman Kills Four Cops While Violating Parole - Save All the Expungement Hypocrisy!"

Dear God - more cops killed. The idiots in Illinois are getting all Progressive to put money in Expungment Attorney Tamara Holder's purse. She is a rising star in the scum-bag legal community - watch out G. Flint Taylor and Jon Loevy! Holder trolls for Criminals in violence racked housing projects and in the Sun Times. Holder was part of Jesse Jackson's Sleepover resulting from the drug-pinch riots at the Harold Ickes Homes a while back.

Now Tamara has Lefty journalists and Chicago's leading race-baiter at the Sun Times panning for gold on her Expungement Claim.

In California three cops were murdered by a parole violater and another officer clings to life.


Man violates parole, kills three cops in California


AP, OAKLAND, CALIFORNIA
Monday, Mar 23, 2009, Page 7
A man wanted for violating his parole killed three police officers and gravely wounded another in two shootings on Saturday, the first after a routine traffic stop and the second after a massive manhunt ended in gunfire, authorities said.

The gunman was also killed.

The violence began on Saturday afternoon when two officers stopped a Buick sedan in Oakland, California, police spokesman Jeff Thomason said. The driver opened fire, killing one officer and seriously wounding the second.

The gunman then fled on foot, police said, leading to an intense manhunt by dozens of Oakland police, California Highway Patrol officers and Alameda County sheriff deputies. Streets were roped off and an entire area of east Oakland closed to traffic.

About two-and-a-half hours later, officers, acting on an anonymous tip, found the suspect barricaded inside an apartment building, police said.

Police said the gunman fired an assault rifle at officers who came into the building to arrest him. Two members of the SWAT team were killed and a third was grazed by a bullet, police said.

Acting Oakland police chief Howard Jordan said police returned fire, killing a man they identified as 26-year-old Lovelle Mixon of Oakland.

The slain officers were identified as Sergeant Mark Dunakin, 40, who was killed at the first shooting, and sergeants Ervin Romans, 43, and Daniel Sakai, 35, who were killed at the second location.

Officer John Hege, 41, was in serious condition.

Somber officers at the police station consoled each other.

“This is probably one of the worst incidents that has ever taken place in this history of the Oakland police department,” Thomason said.

“[Mixon] was on parole and he had a warrant out for his arrest for violating that parole. And he was on parole for assault with a deadly weapon,” Oakland police Deputy Chief Jeffery Israel said.

People lingered at the scene of the first shooting. About 20 bystanders taunted police.

Tension between police and the community has risen since the fatal shooting of unarmed 22-year-old Oscar Grant by a transit police officer at an Oakland train station on Jan. 1.

This past week Pop Eyed Racist and unoriginal thinker, Mary Mitchell reacting to other persons' journalism and reports( Chicago Reporter and Leftist STNG Barista Angela Caputo) shouted out this:

Because African Americans account for about 61 percent of Illinois parolees, it is the group most impacted by the arrogance of this state agency.

So, it is quite ironic that it was black community leaders who publicly supported Blagojevich during the corruption scandal that jettisoned him from office.

The failure of the Illinois State Police to expunge and seal criminal records when ordered to do so by a judge also has likely resulted in people who honestly thought they had complied with the law losing their jobs after a background check.

Also, since applying for an expungement costs $60 -- a fee that many applicants are hard-pressed to come by -- the state agency has effectively scammed these applicants when it refused to obey the judge's orders to seal or expunge the records.

Like I said, this is a mess.

One way to start unraveling it is to bring Trent before the legislative body to explain himself.

Maybe his department has been too tainted by Blagojevich's disdain for ex-offenders.

Or maybe, given an environment where no one seemed to have been in charge, Trent mistakenly thought he could play by his own rules.

Whatever the case, the agency is guilty of abusing its vast power to determine what is right from what is wrong.

The rush to expunge Criminal Records puts money in Expungment Tamara Holder's pockets, but it gets cops killed and endangers society. Tamara Holder pops up wherever Criminals in our community need more camouflage and cover. Expungment is a big help to career criminals. That must be the agenda of Angela Caputo and the writers at Chicago Reporter.

God Bless all the families of the slain officers in California and here in Illinois as well.

www.xpunged.com and www.tamaraholder.com

Monday
16Mar2009

IL ATTORNEY GENERAL LISA MADIGAN TO FILE SUIT AGAINST IL STATE POLICE?

IL Attorney General Lisa Madigan

 

 

 

 

 

 

 

 

 A few moments ago, I spoke to the IL Attorney General Lisa Madigan's office and the Attorney General is pretty upset.

Apparently, 7000 orders to expunge and seal in Cook County alone have been ignored by the IL State Police. And, approximately 10,000 orders to expunge and seal have been ignored by ILSP within the entire state.

At the end of 2008, Cook County Circuit Court Chief Judge (6th District) Ronald Riley found ILSP in contempt for ignoring his orders to expunge and seal records because ILSP had a different interpretation of the law. Article here.  The Judge dropped the contempt order after ILSP agreed to comply with his orders. But that was just for less than 200 orders.  As I stated above, almost 10,000 are still left in limbo.

Finally, AG Madigan decided to step in when last week, Chief Judge Evans alerted her to the numerous refusals. 

Here's the problem: The Chief Judges of the Circuit Courts have the authority to grant a petition to expunge or seal if the person is eligible.  The Order then goes to the arresting agency (Chicago Poilce, for example) and then to the ILSP.  Chicago sends back all original records to the individual if an order to expunge was entered or they send a letter of compliance if the order was to seal.  ILSP must also comply with the orders and then send a letter of compliance to the individual petitioner.  What's happening is that ILSP is, in many cases, sending a letter to the individual saying, "We are denying the order to expunge/seal because it is contrary to the law."  

There are two problems with the ILSP denial: 1) A court order must be complied with.  If ILSP wants to ignore a court order, they should file the proper appeal in the court.  They cannot unilaterally decide to ignore a court order.  2) Upon a person filing a petition, the law requires a 30-day waiting period for expungement and a 90-day waiting period for sealing before a judge can enter the order.  This waiting period was created so that any agency can object to the entry of the order.  ILSP is not using this waiting period to object.  Instead, they are simply refusing to comply with the order after it has been granted.  This behavior is illegal.

Some of Chicago's finest legal aid clinics, like Cabrini Green Legal and and Chicago Legal Aid, and Circuit Court Chief Judge Paul Biebel have teamed up with the AG's office to remedy the situation.  I will be contributing my private-practice experience with the AG's office as well because many of my clients are caught in the same situation. 

Look to AG Lisa Madigan to fight for the thousands of people who are, by law, entitled to have their records expunged or sealed.  Thank you, AG Madigan for stepping up.

www.tamaraholder.com and www.xpunged.com

 

Saturday
30Aug2008

FAQ: XPUNGED

 www.xpunged.com

xpungedlogo.jpg

•    Attorney Tamara N. Holder, Esq., founded www.xpunged.com (1.877.XPUNGED) in Chicago IL.
•    EXPUNGEMENT/SEALING-Expungement is the legal term for clearing one’s criminal record either through its complete destruction or through a formal sealing of its contents from the public.
•    PARDON: Often times, however, a client is not eligible for an expungement or sealing because of the seriousness of the offense committed.  In these cases, a person must seek a Governor’s pardon.  Ms. Holder petitions the “Prisoner Review Board” (regardless if one has been to prison) and seeks their recommendation to the Governor for a pardon.  The pardon is not guaranteed but is one’s only option for removal of a crime from one’s record.  A pardon also seeks expungement; therefore, if the petition is granted, the Governor will have the case formally removed from one’s record, as if it never existed.

Frequently Asked Questions (FAQ)

Q: Why do I need to pay you the $200 for my background check? After you get my records, then what?

A: The record itself isn't why we charge $200.  It's the value in having your record properly reviewed.  We must get ALL of your arrests from every state and county.  ALL ARRESTS MATTER!  Once ordered, your record will be sent to our firm. We will also do a background check in the County in which you were arrested. Then, we will review your record and determine if any of your arrests and/or convictions are expungeable or sealable.

Q: You have determined that my arrest and/or conviction is expungeable and/or sealable. Now what?
A: Our firm will contact you. You then have the option of paying additional attorneys fees (price depends on the county where we file) + court costs for the filing.

Q: You have determined that my arrest and/or conviction is NOT expungeable or sealable. Now what?

A: You now have an answer. Although you may be disappointed, at least you now know that you have a record that cannot be cleared. No more wondering!

Q: What is the difference between expunging and sealing?

A: Expunged: The arresting agency (example: Chicago Police), the Illinois State Police will physically destroy your record, as if it never existed. The Clerk's Office will seal your record and remove it from the electronic index. It's as if it never existed!

Sealed: The arresting agency (example: Chicago Police) will physically destroy your record, as if it never existed. The Illinois State Police and the Clerk's Office will seal your record and remove your name from the electronic index. Only a judge can order for the public to view the record.

It is no longer available to your employer or other members of the public, but it can still be seen by law enforcement agencies.

Q: I was found not guilty. Do I still need to have my record expunged?

A: Yes. Your criminal record contains all your arrests, whether you were found guilty or not.

Q: Once my record is expunged or sealed, do I have to tell employers about it?

A: No, and it is against the law for employers or potential employers (except law enforcement, States Attorneys, the State Police, and the Department of Corrections) to ask you whether you ever had any records expunged or sealed.

Q: After several years, isn’t my record automatically expunged?

A: There is no such thing as an “automatic” expungement. Once you get arrested, you will have an arrest record, even if you were never charged, or if the case was dismissed and even if you were found not guilty.

Q: If my case was dismissed, is there anything to expunge?

A: Once you are arrested, you have a record. If you want the record of your arrest expunged, you must be proactive and take it upon yourself to expunge the record.

Q: I was wrongly arrested to begin with do I still need to get expunged?

A: Unfortunately, the Criminal Identification Act makes no distinction between those who have ”good” arrests and “bad” arrests. There is still an arrest on your record until you have it expunged.

Q: I was told that if I completed my supervision, I wouldn’t have a record. So how come I still have a record?

A: You were likely told that you wouldn’t have a conviction on your record. Supervision is not considered by the courts to be a conviction, so if you completed it, you don’t have a conviction on your record. However, you still have a record–namely, the arrest and the charges.

Q: Now that the petition to expunge/seal is filed, is my record is clear?

A: No. The agencies have 30 days to object to an expungement and 90 days to object to a sealing. Even after that period of time has elapsed, the process is not complete. The petition must make it on the judge's docket, which may take months, depending on the size of the jurisdiction. Be patient!  Then after the judge enters the Order, we still must wait for the arresting agencies and the IL State Police to send confirmation that your record was expunged or sealed. 
 

www.xpunged.com and www.tamaraholder.com