A criminal record can have long-lasting effects on your life, limiting your job prospects, housing opportunities, and even your ability to secure loans. However, Illinois law provides avenues for individuals to expunge or seal their criminal records, giving them a second chance to move forward without the burden of a past conviction. Understanding the process and eligibility requirements for expungement or sealing is crucial for anyone seeking to clear their record.
What Is Expungement and Sealing?
Expungement refers to the complete removal of a criminal record from public view. When a record is expunged, it’s as if the arrest or conviction never occurred. This can significantly improve your chances of obtaining employment, housing, and other opportunities.
Sealing, on the other hand, does not completely erase a record, but it restricts who can view it. While the general public and most employers won’t be able to access sealed records, law enforcement and certain government agencies may still see them.
Eligibility for Expungement in Illinois
Expungement eligibility depends on the nature of the offense and whether you were convicted. Generally, the following individuals may be eligible for expungement:
- Individuals who were arrested but not convicted of a crime.
- Individuals whose case was dismissed or who were acquitted at trial.
- Individuals who completed court supervision or qualified probation and did not receive a conviction.
Some convictions are ineligible for expungement, including:
- DUI convictions.
- Domestic battery.
- Sex crimes.
Eligibility for Sealing in Illinois
For those who do not qualify for expungement, record sealing may still be an option. Illinois allows for the sealing of most misdemeanor and some felony convictions. However, certain offenses, such as DUI and domestic battery, cannot be sealed.
To qualify for sealing, you must complete your sentence, including any probation, community service, or fines, and wait a specified period (usually three years) before applying. During this time, you must not have any additional convictions.
The Process of Expungement or Sealing
- Determine Eligibility: The first step in expunging or sealing your record is to determine whether you are eligible based on the type of offense and the outcome of your case.
- File a Petition: Once eligibility is confirmed, you must file a petition for expungement or sealing with the court in the county where the offense occurred. This petition will include detailed information about your case and why you believe expungement or sealing is appropriate.
- Serve Notice: After filing, you must serve notice to the Illinois State Police, the prosecutor’s office, and other relevant agencies. These parties will have an opportunity to object to your petition.
- Attend a Hearing: In some cases, the court may schedule a hearing to review your petition. During this hearing, the judge will consider any objections and decide whether to grant the petition.
- Receive the Court’s Decision: If the judge approves your petition, your record will be expunged or sealed, and the relevant law enforcement agencies will be notified to update their records.
Benefits of Expunging or Sealing Your Record
Expunging or sealing your record can open doors to new opportunities that would otherwise be closed. You will be able to truthfully answer “no” when asked about criminal convictions on job applications, and potential landlords and creditors will not be able to see your criminal history. This fresh start can help you rebuild your life without the stigma of a past conviction.
Why You Need an Attorney for Expungement or Sealing
The process of expunging or sealing a criminal record can be complex, with strict eligibility requirements and deadlines. A criminal defense attorney can help you navigate this process, ensuring that your petition is filed correctly and on time. Your attorney will also represent you in court, if necessary, and can address any objections that arise during the process.
Call Us 24/7 For Your Free Consultation
If you are seeking to expunge or seal your criminal record in Chicago, the Law Offices of David L. Freidberg can guide you through the process. Contact The Law Offices of David L. Freidberg who offers a free consultation 24/7 to discuss your case and help you understand your legal options. Call us today at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients across Cook County, and throughout the Chicago area, including DuPage, Will, and Lake counties. Let us fight for your rights and work towards the best possible outcome for your case.