Sealing and expunging are two terms that are often used interchangeably, but the truth is they are two very different things – and they’ll accomplish different things in the state of Illinois as well.

Is it better to have your record expunged or sealed in the state? In some cases, you do have a choice of which one you would like to go through – so which is the best choice? Read on to find out.

Who Can Choose Between Sealing and Expungement?

The most important thing to know about sealing and expungement is eligibility. Some cases are eligible for either, while some don’t qualify for any of this type of relief. However, if you were found not guilty at trial, you were never charged with a crime, but you were arrested for it, or if the case against you was ultimately dismissed, it’s your choice as to whether you want your criminal record to be sealed or expunged.

Cases ineligible for Expungement or Sealing

Some cases can never be expunged or sealed in Illinois. DUIs and reckless driving, for example, cannot be expunged. Also, domestic battery, stalking, no contact orders, protective order violations, reckless driving, DUIs, sex crimes, and crimes against animals cannot be sealed, either.

Sealing or Expungement?

While these two things are similar, they are not the same. Sealing a criminal record means that some people can still view it or see it on a background check that details your criminal history. On the other hand, expungement basically makes it as if your record never existed – and nothing ever happened to you. A background check will not show any blemishes on your record.

The choice of which of these things you want to do is totally up to you. You can make it as if nothing ever happened, or you can make it so that only certain people associated with the court and law enforcement can see it. It is important to note that if you were not found guilty or convicted of a crime, you should work with an attorney to get your criminal record sealed or expunged.

How To Seal or Expunge a Record in Illinois

If you choose sealing or expungement, you must meet with your lawyer and present them with a copy of your complete criminal history. Your attorney can have a thorough criminal background check done on you to help, and once done, you can determine if you are eligible for either sealing or expungement. Your attorney will then file the proper paperwork as you sit back and wait for your petition to work its way through the court system in the state.

Depending on the jurisdiction, you may have to go before the court to complete the process. In some cases, the lawyer for the state of Illinois may object to the judge. If that happens, then your attorney can argue on your behalf.

If you are interested in finding out more about sealing or expungement in Illinois, meet with an attorney who specializes in this area as soon as possible. They can help guide you through the process and get your future back on track.

About the Author: Andrew M. Weisberg is a former felony prosecutor serving as a defense attorney in the greater Chicago area. He has extensive experience handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

In Illinois, it’s possible to have some criminal records sealed or expunged. Of course, pursuing a sealing or expungement can take time, effort, and money, but it’s worth it.

Want to know more about sealing and expungement in Illinois, and why it’s a gift you should consider giving to yourself this holiday season? Read on to find out more, including how you can pursue sealing and expungemen t– and why you should even bother to try.

Sealing and Expungement in Illinois: What’s the Difference?

Record sealing and expungement are two different actions. Both will remove criminal records from public view, but only expungement will essentially erase a record as if it’s never happened. On the other hand, having a record sealed simply means that the public cannot view it – law enforcement still can, as well as employers and other agencies.

Expungement is used to remove court supervision, some types of probation, and arrest from a person’s criminal record. Some convictions aren’t eligible for expungements, like ordinance violations, some types of probation, conditional discharge, prison time, or probations that have not been completed successfully.

Sealing, on the other hand, will simply shield your criminal history from the general public. Any agency or prospective employer who does a background check on you will still be able to see sealed criminal records. However, landlords will not be able to view these records.

Why You Should Have Your Record Sealed or Expunged

While not everything is able to be sealed or expunged in Illinois, there are still really good reasons to take the steps to have your criminal record sealed o expunged. The truth of the matter is that taking the step to erase or shield your criminal history from the public can improve your life in a variety of ways, including:

Opportunities for Employment

Some employers will do a background check on you or ask if you’ve ever been convicted of a crime. In some circumstances, you will not have to tell them about any convictions, nor will they be able to see them on your background check. This is a great way to avoid the bias that can rear its ugly head if you’ve got a criminal history. It may open up more opportunities for your future.

Finding a Place to Live

If you have a criminal history, then it can be difficult to find a place to live, whether that’s through renting or buying. Some landlords and mortgage lenders need to be able to judge your trustworthiness. If they suspect you have a checkered past, they can deny you housing or financing.

Finances

Loans and other financial opportunities may simply be easier to obtain if you’ve had your criminal record sealed or expunged. You may even get a better rate on your credit cards or loans in certain situations.

Higher Education

If you have a dream of bettering your life through education, a record sealing or expungement can help. Sometimes you may get rejected for student loans or even admission to a college if you have a criminal record.

How Can You Get Your Record Sealed or Expunged?

The first thing you need to figure out is if you are eligible for record sealing or expungement. You often have to wait a certain amount of time to begin the process, so speak with an experienced attorney to help you figure out if your record is eligible and when you can begin to take advantage of it.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

Anyone who has been charged with a misdemeanor or felony in Illinois knows that the court process can be complicated. What many people don’t realize is that simply being arrested for a crime can impact your future, even if you’re never found guilty.

How is this possible? Because arrests go on your criminal record.

Criminal records are often inspected when applying for loans, places to live, and even a job. That’s why if you have a criminal record, it’s important to look into whether your record can be sealed or expunged in the state of Illinois.

Here are some of the most frequently asked questions about sealing and expunging records in Illinois to help you get started.

What is the Difference Between Record Sealing and Record Expungement?

The first aspect that’s important to understand is that sealing your record and expunging it are two very different things.

Expungement of a record means that the Clerk’s Office will take your name out of their docket systems and essentially impound the court files. Background checks available to the public will not see your criminal history. However, law enforcement agencies will still be able to see the records.

When a record is sealed, it cannot be unsealed by anyone without a court order. It is not accessible to the general public, either.

Your name is still erased from the Clerk’s Office system and your file impounded, but sealing takes this further. The process asks law enforcement agencies to also seal your criminal record with their agencies.

Is It Better to Expunge or Seal Your Record?

The qualifications for expungement and record sealing are different as well.

In order to be eligible for expungement, your case must have been dismissed, or you must have been acquitted of the charges against you. Any court supervision you may have been subjected to must be completed to the satisfaction of the court, as well as any probation.

To have your records sealed, the penalties of any convictions against you must be completed. This includes any conditional discharges, jail or prison sentences, probation, and boot camp.

A judge will not allow you to have a record expunged if it involves a DUI or reckless driving. Likewise, you cannot have a record sealed that involves convictions for stalking, domestic battery, DUI, order of protection violations, sex crimes, crimes against animals, or reckless driving.

How Long Do You Have to Wait To Have Your Record Expunged or Sealed?

You must wait in Illinois for a certain amount of time before you can petition the court to expunge or seal your record.

For expungement, anyone found not guilty or acquitted of a crime can petition for expungement immediately after the ruling, as long as there are no pending cases against you.

If a case is Stricken with Leave, then you must wait 160 days. If a case shows as Non-Suit, then the waiting period is 120 days.

Anyone placed under the supervision of the court can usually have their record expunged two years after they successfully complete supervision. Some offenses will require a 5-year waiting period.

To have your case sealed, you can petition the court three years after you complete your sentence. If you were simply under court supervision, then you only must wait two years after successful completion.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

If you’ve got a criminal record, then you know what a big impact it can have on your life. Criminal records can affect everything from employment to housing — they can even make it difficult to secure loans for schooling.

Luckily, for anyone who has been convicted of certain crimes involving marijuana in Illinois, there may be a beacon of hope. Now that recreational use is legal in the state, nearly 800,000 previous offenders will be eligible to clear their records.

You may have heard the terms expungement and sealing in relation to clearing your criminal record. It’s important to note that these are two very different concepts under the law. Different groups of offenders are eligible for each as well.

Here’s what you need to know about record sealing and expungement and the process you must go through to keep your criminal record from following you.

Expungement and Sealing: Knowing the Difference

While both expungement and sealing remove criminal records from the view of the public, expungement essentially erases your record while sealing simply hides it from public view.

The reason for this difference is that expungement is meant to be exercised in cases where a person was found not guilty or the case against them was dismissed, taking court supervision, probation, and arrests off their record.

Sealing is meant to hide your record from the general public after a certain amount of time has passed after a criminal conviction. Your record will still be visible to law enforcement agencies as well as any job where you are fingerprinted.

What Crimes Are Eligible for Sealing?

If you have been convicted of a crime, then under normal circumstances it cannot be expunged but may qualify to be sealed. In Illinois, most felony and misdemeanor convictions are eligible for sealing except for crimes that involve crimes such as:

• Domestic battery
• Sex offenses
• Driving under the influence
• Animal cruelty

Also, if your conviction requires that you register as a sex offender, that you register under the Murderer and Violent Offender Against Youth Registration Act, or under the Arsonist Registration Act, then you are not eligible for record sealing.

It’s also important to note that once your records are sealed, you cannot petition the court to have any future records sealed. It’s a one-time deal and any future criminal record you accrue will not be eligible.

How to Seal Your Criminal Record

To apply for sealing, you simply need to make sure you are eligible for the sealing and then file the appropriate motion in court to start the process. An experienced attorney can help file these motions for you, and collecting any information needed for them.

It can take several months for the sealing process to be completed. Some cases take longer while others take less time, each case is unique. How busy the courts are, whether or not the state objects or agrees, the availability of records, and how old the case is all have a bearing on a case’s timetable.

Once the sealing is granted, you receive a copy of the order and all criminal record databases and agencies will be notified of the update in their system they need to make.

Having your criminal record sealed can change your life for the better. Find out more about how you can get it done today.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes. His work has been recognized by Avvo, Expertise, National Trial Lawyers, and others, and he has been featured on countless news outlets for his experience and knowledge in criminal law.

If someone gets arrested and then convicted for a crime, they will have a criminal record. Most people understand this innately.What if you beat your charge, though? Will you still have a criminal record? What if you never set foot in a courtroom? At what point is a criminal record created.

In this post, we’re going to tell you specifically how someone get a criminal record, and which misconceptions commonly confuse people. Then we’ll explain how to get your criminal record expunged.

Criminal Records in Illinois: What Are They?

A criminal record is the legal system’s way of documenting that you were involved in a criminal act.

Except not necessarily. Because you can still have a criminal record even if a conviction never occurs.

Here are the reasons a criminal record is created in Illinois:

• You are arrested for a crime
• You are arrested for a crime and you beat your charges
• You are arrested for a crime but charges are not pressed against you

In other words, your criminal record is created as soon as you are arrested. Even if things go no further, there will be a record of the arrest itself.

Now, having a criminal record that stops with arrest is obviously better than having a criminal record that shows you were convicted. However, the record can still have a negative impact on your life, and it usually won’t go away on its own.

A skilled Chicago defense attorney can help you get your criminal record removed – or at least tell you whether or not it is possible for your case. This is called expungement. It’s a legal process that shows that the courts no longer keep details of past run-ins with the law. There are multiple reasons that an expungement can help you, often in ways you probably never realized.

Negative Effects of a Criminal Record in Illinois

Even if you only have a misdemeanor charge that was never prosecuted, such as shoplifting or vandalism, you could be experiencing negative effects without realizing it.

These are the common ways a criminal record can have a negative impact on your life.

You’re not getting hired

During the hiring processes, many potential employers will run a background check on you to determine whether you are eligible for the job. If anything negative shows up, even for an arrest where the charges were dropped, you could be disqualified.

Some employers will hire you if you have a criminal record but they’ll watch you more closely and create a high-pressure working environment.

Even if you already have a job, you aren’t immune to the effects of a criminal record. New management can run a background check and let you go or demote you.

Additionally, certain licenses are required for specific jobs like teaching or nursing. A criminal record can disqualify you from getting licensed for these types of jobs. This could limit your earning potential and make your work life less satisfying.

Your credit is affected

Your employment issues as described above can take a toll on your credit. You may not be able to get loans for school, vehicles, or other important items.

Your housing is affected

If you are looking for a new place to rent, your criminal record may disqualify you from the place you really want. A landlord can also choose to gouge you with a higher deposit or inflated rates. This can put a pinch on the lifestyle you want to have, as well as the neighborhood or school district where you’d like to live.

Your rights are affected

A conviction for certain crimes will result in a loss of basic rights. Your criminal record could have a negative impact on your driving or voting privileges. You may lose your right to bear arms for various convictions. If you have children, you may lose custody of them.

What Should You Do If You Discover You Have an Illinois Criminal Record?

If possible? Get rid of it!

An experienced attorney will be able to tell you whether your charges or convictions are eligible for expungement. If your criminal record qualifies, he or she can move forward with the expungement process.

To begin expunging your record, your lawyer will file a petition with the court. The judge will then approve a review of your record and decide whether it can be hidden from public view. An expunged record can only be viewed by highly qualified individuals like prosecuting attorneys.

The expungement process is lengthy, taking at least a year in most cases. The sooner you get started on it, the sooner you can enjoy the benefits.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.

Everyone makes mistakes – especially kids and teens. Unfortunately, if those mistakes involved law enforcement, the record of these mistakes can follow them for years after they have served their sentence.

A college degree can turn your child’s life around and put them on a path to success. Criminal records, however, can prevent your child from getting that degree.

Colleges began asking applicants about their criminal history just over 10 years ago. Now, up to 80% of private colleges and 55% of public colleges ask applicants about their previous criminal history.

These statistics are naturally discouraging. Admitting that you have a criminal past can put you behind another applicant with a clean record.

Fortunately, reforms are being made, and there are ways for your child to avoid telling colleges about past mistakes. Don’t let a prior crime discourage them from their dreams. If your kid has a criminal record, take the following steps to increase their chances of attending college next year.

Discuss Expungement or Record Sealing with a Lawyer

Illinois understands that some crimes are a mistake that shouldn’t follow an offender for the rest of their lives. That’s why some offenders, especially former juvenile offenders, have opportunities to get their records expunged or sealed.

This means that the record will not be accessible to the public, including public institutions. Your child will be able to confidently “hide” their criminal past from the college that they want to attend.

There are, however, specific rules regarding who can get their record expunged. If your child meets these criteria, you can get started on the expungement process.

General Rules of Expungement

If your child was arrested and charged with a crime, they will have that accusation follow them on their criminal record. Fortunately, if they were not convicted, they can have the entire matter expunged from their record.

If they were convicted of a crime, they may still be able to have the conviction expunged. Illinois has specific laws about which crimes can and cannot be expunged, and how long the offender will have to wait before the crime can be expunged. For example, domestic battery is a misdemeanor crime that can be expunged five years after it was committed. DUI charges, however, cannot be expunged.

Expunging Juvenile Crimes

Was your child convicted of a crime before their 18th birthday? You’re in luck. Illinois has specific laws regarding juvenile crimes.

Class B and C misdemeanors can be expunged as soon as court proceedings have finished. All other crimes can be expunged five years after court proceedings have finished. The only crimes that your child cannot have expunged for their records are first-degree murder and felony sex offenses.

How to Seal Your Child’s Criminal Record

Expungement is not always a quick or easy process. Before your child’s record is expunged, you will have to file a petition. Not every petition will be accepted and result in expungement, especially if you represent your child (or have your child represent themselves) in court. The court may want you to present a case that shows that sealing your child’s criminal history will not result in further crimes.

Reach out to a criminal defense lawyer for more information on how you can get your child’s record expunged (and their life moving in the right direction) in a timely manner.

Support Rep. Barbara Wheeler and HB3142

Illinois is a “ban the box” state, meaning that employers cannot ask about criminal histories on job applications. Rep. Barbara Wheeler wants to extend that rule to schools.

She is the lawmaker behind HB3142, which would prohibit public colleges in the state from asking about or considering an applicant’s criminal history. The bill is still making its way through state Congress, so call up your representatives and voice your support for the bill.

Finish the Application

When your child lets a college know about a previous criminal history, it will not automatically result in a rejection. If your child doesn’t finish the application, they will never know if they would have gotten accepted.

Unfortunately, having a criminal record can prevent your child from applying in the first place. A recent study conducted by the Center for Community Alternatives showed that two out of three applicants who had to acknowledge a prior felony on their application never ended up finishing the application.

If you haven’t looked into expungement or record sealing, tell them to put on the brakes first while you explore that option. Even if they are not able to expunge their record, though, your child should still apply and put their name in the ring for consideration. Neglecting to apply is an automatic rejection.

About the Author: Andrew M. Weisberg is a former felony prosecutor who now serves as a defense attorney in the greater Chicago area. He has extensive experience in handling all types of criminal cases, from sex offenses and domestic violence to retail theft-related crimes, murder, and drug crimes.