A past arrest or charge—even one that didn’t lead to a conviction—can stick with you for years. It can show up in background checks, cost you job opportunities, or affect where you live.

Thousands of people in Illinois live with records that no longer reflect who they are. Expungement offers a chance to clear your name—but the process isn’t automatic or easy. That’s where the Law Offices of Andrew Weisberg, a respected Chicago, IL criminal defense attorney, can step in and fight for your second chance.

What Is Expungement Under Illinois Law?

Expungement means your criminal record is erased—not sealed, not hidden, gone. As if it never happened.

Under the Illinois Criminal Identification Act (20 ILCS 2630/5.2), certain arrests, dismissed charges, and low-level offenses with supervision or special probation may qualify.

However, you need to file a formal petition, notify agencies, and sometimes attend a hearing. Prosecutors can object. That’s why having a knowledgeable Chicago criminal defense lawyer on your team matters.

Which Criminal Records Can Be Expunged in Illinois?

You may be eligible if:

• You were arrested but never charged
• Your case was dismissed or you were found not guilty
• You completed court supervision for certain misdemeanors
• You went through a first-time drug offender program

On the other hand, some records can’t be expunged—DUI, domestic battery, and most violent felonies are usually off-limits. And even if you’re eligible, there might be a waiting period.

It’s not always clear just by looking at your record. That’s why it helps to have a Chicago criminal defense lawyer review it and give you real answers.

Common Reasons Expungement Petitions Are Denied

Even solid cases get denied. Here’s why:

• Filing Too Early: You may not have waited the required time before filing.
• Incorrect or Incomplete Paperwork: Missing forms or errors can get your petition rejected.
• Missing Record Details: Leaving out any arrests or charges can raise red flags.
• Prosecutor Objections: Prosecutors can argue against clearing your record.
• Unpaid Fines or Probation Issues: Outstanding fines or incomplete terms may block approval.

Each of these problems is avoidable with proper guidance. A skilled criminal defense attorney in Chicago can help ensure your petition is complete, timely, and ready to stand up to scrutiny.

How the Expungement Process Works in Illinois

Here’s what the process typically looks like:

• Get your full criminal record from the Illinois State Police
• Identify which parts may be eligible
• File a petition with the court in the county where the arrest occurred
• Notify the prosecutor and relevant law enforcement agencies
• Attend a hearing (if required)

It sounds straightforward, but even small mistakes can stall your case. That’s why legal guidance is key.

New Changes to Illinois Expungement Laws You Should Know

In recent years, Illinois has expanded expungement opportunities—especially for cannabis-related offenses. Under the Cannabis Regulation and Tax Act, certain marijuana offenses are now eligible for automatic expungement. And in some cases, state attorneys or the governor can proactively clear records.

These updates reflect a growing effort to give people a real second chance—but they also add layers of steps and confusion. An experienced Chicago criminal defense lawyer can explain how the newest laws apply to your record.

Why Expungement Can Change Your Life

Once your record is gone, it stops showing up in most background checks. That means better access to jobs, housing, school programs, and even certain professional licenses.

But it’s more than that. Expungement removes a silent weight that you’ve been carrying around—something you might not even realize has been holding you back until it’s gone.

What Happens After Your Record Is Expunged?

Once your expungement is granted, agencies like the police department and clerk’s office are ordered to remove your information from public view. Your fingerprint card, arrest reports, booking photos—gone from official systems.

You can legally answer “no” when asked if you’ve been arrested (except in very limited government situations). That’s a powerful shift.

Still, you’ll want to follow up. Sometimes, agencies are slow to process the court order. A good Chicago criminal defense attorney will help confirm your record has been fully cleared.

Speak With a Chicago Criminal Defense Attorney Today

Expungement is your opportunity to start fresh. But getting there can be confusing and overwhelming. That’s where the Law Offices of Andrew Weisberg comes in. As a Chicago, IL criminal defense lawyer who knows how the system works, he can give you the guidance and advocacy you need.

Call (773) 908-9811, visit 2502 N Clark St. Suite 201, Chicago, IL 60614, or contact us online to start the process. Your record doesn’t have to define the rest of your life. Let’s move forward—together.

Having a criminal record in Chicago can seriously impact your life. It can make finding a job, renting an apartment, or even getting into certain schools harder. But what if you could wipe the slate clean? Have you ever wondered if your criminal record can be erased? Expungement might be the answer.

What is Expungement?

Expungement is a legal process that removes or seals a criminal record, making it inaccessible to most employers, landlords, or educational institutions. When a record is expunged, it’s as if the crime never occurred in the eyes of the public. Having an expunged record can open doors to new opportunities, from better jobs to housing options, and help you leave your past behind for good.

Eligibility Criteria for Expungement in Chicago

Not everyone is eligible for expungement in Chicago, but if your situation qualifies, you could clear your record.

Types of Records Eligible for Expungement:

● Arrest Records: If you were arrested but not charged, you could be eligible to have that arrest removed from your record.

● Cases Resulting in Acquittal, Dismissal, or Supervision: If your case didn’t lead to a conviction, it may qualify for expungement.

● Certain Misdemeanor Convictions: Low-level offenses, such as petty theft or minor drug offenses, may be expunged, depending on the details of the case.

Non-Eligible Offenses: Some crimes cannot be expunged, including:

• Serious felonies like violent crimes and sexual offenses.
• DUI convictions.
• Multiple convictions may also disqualify you from expungement.

Waiting Periods: If you were under supervision, probation, or had your case dismissed, you may need to wait a specific amount of time before applying for expungement. These waiting periods vary based on the offense and final outcome of the case, so it’s important to check the timeline that applies to your situation.

How to Start the Expungement Process in Chicago

Step 1: Obtain Your Criminal Record

The first step in pursuing expungement is to obtain a copy of your criminal record. You can request this from local law enforcement or find it through online resources. Reviewing your full record for accuracy is crucial—errors could delay or hurt your chances for expungement.

Step 2: Filing a Petition for Expungement

Once you have your criminal record, it’s time to file a petition for expungement with the Circuit Court of Cook County. You’ll need specific documents, including certified dispositions of your case and, in some cases, proof of rehabilitation. This step can be complex, so having a lawyer assist you can make all the difference.

Step 3: Court Hearing

After filing your petition, a court hearing will be scheduled. The State’s Attorney or the arresting agency may object to your request during the hearing. Having a defense attorney on your side can help ensure you are well-prepared for the hearing and maximize your chances of success.

Speak with a Chicago Criminal Defense Attorney Today

Expunging your criminal record can open up new opportunities and help you move forward in life. At the Law Offices of Andrew Weisberg, we are dedicated to helping individuals navigate the expungement process and improve their future prospects. If you’re unsure whether you’re eligible for expungement or need guidance on how to proceed, reach out to us today. Our experienced team can assist you every step of the way. Contact our office at (773) 908-9811 to schedule a consultation and take the first step toward clearing your criminal record.

If you have a criminal record in Illinois, it can negatively impact your entire life. A criminal record can limit your employment opportunities, make it harder to find housing, and even harm your ability to obtain a loan or credit. Fortunately, Illinois law provides for the sealing and expungement of criminal records, allowing eligible individuals to move on from their past mistakes and start anew. The key word in that sentence, however, is “eligible.” You can only have your record sealed or expunged if you qualify. In this post, we’re going to cover what it means to seal or expunge your record, who is eligible, and how the process works.

What Does “Sealing Your Record” Mean in Illinois?

Record sealing is a legal process that allows individuals to seal their criminal records from public view. Sealing a criminal record means that it will no longer be visible to the public, including employers, landlords, and financial institutions. In essence, a sealed record is hidden from view and is only accessible by court order. Sealing is not the same as expungement, which involves the destruction of a criminal record. When a record is expunged, it is as if the arrest or conviction never occurred. Sealing, on the other hand, preserves the record but restricts access to it.

Who Is Eligible for Record Sealing in Chicago?

Not everyone is eligible for record sealing in our state. According to Illinois law, the eligibility criteria for sealing vary depending on the offense. Generally, individuals with a single arrest or conviction for a non-violent misdemeanor or felony offense may be eligible for record sealing. Offenses that are eligible for record sealing here include:

• Minor traffic offenses
• Municipal ordinance violations
• Class 3 and 4 felonies
• Class 2 felonies committed on or after January 1, 2014
• Class 4 drug possession offenses
• Certain prostitution offenses
• Certain battery offenses

Offenses that are not eligible for sealing include:

• Most violent offenses
• Sexual offenses
• DUI offenses
• Domestic battery
• Animal cruelty offenses

It is important to note that even if an offense is eligible for sealing, there are additional criteria that must be met before a record can be sealed. For example, there may be a waiting period between the completion of a sentence and the filing of a sealing petition. Additionally, individuals may need to have completed certain conditions, such as community service or probation, before they can be considered for sealing.

How to Seal Your Illinois Criminal Record

The process of sealing a criminal record involves filing a petition with the court. The petition must be filed in the court where the case was originally heard. Once the petition is filed, the court will review it and make a determination as to whether the record should be sealed. The process of sealing a criminal record can be complex, and it is recommended that individuals seeking sealing consult with an experienced criminal defense attorney. An attorney can help you understand your eligibility for sealing, prepare the necessary documentation, and represent you in court.

What Are Some Benefits of Sealing Your Criminal Record in Illinois?

Sealing your criminal record can have significant benefits, including:

• Increased employment opportunities. A sealed record can make it easier to obtain employment, as employers will not be able to see your criminal history.
• Better housing options. Landlords often conduct background checks on potential tenants. A sealed record can improve your chances of being approved for housing.
• Improved credit options. Financial institutions may consider a criminal record when evaluating loan or credit applications. A sealed record can help improve your creditworthiness.
• Peace of mind. A sealed record can provide a sense of closure and allow individuals to move on from their past mistakes.

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 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.

For this reason, Illinois legislators offer former offenders the chance for a “do-over” through expungement and record sealing.

These laws are especially lenient if you committed crimes before you turned 18. Today’s post covers some of the most common questions we answer about the juvenile expunction process.

Why Should I Expunge or Seal My IL Criminal Record?

A: To Ensure Your Right to Equal Opportunity

Criminal records are public information. Employers, landlords, and college admissions officers can all access this information and make life-changing decisions based on what they find. Expungement and criminal record sealing allow you to present a more professional application.

Even for offenses slated for automatic expunction, it is important to follow up on whether or not the records were ultimately cleared. Don’t let an admin error affect other areas of life.

IL Criminal Record Sealing or Expungement: What’s the Difference?

A: One Just Hides Your Past, the Other Erases It

When criminal records are sealed, they are hidden from the public view. However, some employers and agencies will still be able to request access to the records.

Expungement erases criminal records to just about everyone, although law enforcement officers may be able to access them if the offender commits crimes in the future.

What Juvenile Crimes Can Be Expunged in Illinois?

A: Nearly All of Them Besides the Worst Violent Offenses

Most juvenile arrests, charges, and convictions can be expunged and hidden from public view. Depending on the nature of the crime, you might have to wait a certain period of time in order to qualify for expungement.

Juveniles who commit murder or serious sex convictions, however, cannot apply for expungement. Additionally, rules differ slightly when the crime was committed by someone who has already turned 18.

Does My Child Have to Wait to Apply for IL Expungement?

A: Yes. Waiting Periods Depend on Factors Like Age and Type of Crime

Depending on your child’s juvenile record, you may have to wait to get their record expunged. If your child has felony or Class A misdemeanor convictions on their record, they will have to wait:

• Until they are 21 years old, or
• Five years after their sentence has ended (if no additional crimes have been committed)

What Are the Waiting Periods for Crimes Automatically Expunged?

A: Typically Between 1 and 2 Years

In some cases, the records are automatically expunged and you won’t have to do a thing. Illinois law states that some records are automatically expunged, but the offender typically has to wait one or two years before this process occurs. Here are three common examples:

Arrests: Arrests are automatically expunged after one year if the juvenile has not been arrested for subsequent crimes.

Charges: If charges are dropped or a case ends in the court finding the juvenile to be not delinquent, records will automatically be expunged.

Class B or C Misdemeanor Convictions: Class B and C misdemeanors, along with petty offenses, include some of the least serious crimes. Courts should automatically expunge these records upon sentence completion.

How Can We Apply for Expungement in Illinois?

A: Reach Out to Your Local Court Clerk or Contact an Experienced Juvenile Defense Attorney to Apply

Expungement requires filing paperwork with the local court, paying fees, and possibly go to a hearing. A criminal defense lawyer can help you through each step of this process to ensure that all paperwork goes to the right place and that the hearing goes smoothly.

The process usually involves completing a Request to Expunge Juvenile Records form and additional paperwork for scenarios involving multiple arrests or various locations.

These forms are submitted to the Circuit Clerk in the county where the arrests or charges took place. Any court documents that are required with the paperwork can be submitted by e-file.

We Received a Notice to Appear; What Happens at This Hearing?

A: The Juvenile Will Answer Questions and Respond to Any Objections

If your records are expunged without a hearing, you will get a notice in the mail. If you have to attend a hearing, it is imperative that you arrive on time and present a case for why these records should be hidden.

During your hearing, you may have to answer questions about your criminal history or respond to objections to your expungement request.

My Request for Expungement Is Approved; How Long Will It Be Until My IL Criminal Record Is Cleared?

A: Generally, 60 Days

At the hearing, a judge will decide whether your request for expungement is approved or denied. You should get paperwork that states the judge’s decision.

Then, the court officially has 60 days to expunge the records after the final decision is made.

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.

Did you know that most colleges require applicants to disclose their criminal history, even for offenses committed as a juvenile?

Having any kind of criminal record, even for offenses committed before the age of 18, can severely hamper college admissions potential in a myriad of ways.

In today’s post, we take a closer look at how an Illinois juvenile conviction could negatively impact college admissions. We also share one solution that often prevent a juvenile record from impacting an applicant: having criminal records sealed or expunged.

Criminal History Questions are Common in College Applications

Between 60 and 80 percent of private colleges and universities (and more than half of public institutions) require prospective students to answer questions about criminal history as a part of the application process.

A full background check is most common at four-year institutions, but nearly 50 percent of all two-year community colleges also have at least some questions about criminal history.

Questions generally include offenses committed as a juvenile. Applicants may be asked to disclose prior arrests, regardless of whether charges were actually ever even pressed, or when the charges were dropped altogether, as well.

Arrest records also show up on criminal background checks, which many colleges run routinely, as well. No matter the case, we do believe honesty is always the best policy.

Share what you know. Inconsistencies between your story and what their records show will flag an application for sure.

Most college and university applications initiate this sort of “investigation” by requiring students to check a box admitting to a criminal record.

“Checking the Box” Could Mean the End of a College Education

While the majority of higher education institutions expect those who’ve “checked the box” to personally disclose pertinent information, others run extensive background checks on their applicants.

On top of this, some offenses will render you and your future college attendee ineligible to apply for federal financial aid. Because of this, checking the box could mean the end of a college education for many.

In fact, paying tuition (among other costs) is simply impossible without some form of financial relief for most Illinois families.

Checking the box is only the first step, however. Regardless of the method, the scope of criminal history screening for a college application these days goes beyond that of most employers.

Criminal History Q&A Is Deeper Than Most Employment Applications

You may be hearing for the first time in this article that the scope of criminal history investigations on college applications generally exceeds that of normal employment applications.

Although all employers have different hiring procedures, most employment applications do not ask about arrests, and many employers only require applicants to disclose felony convictions.

Contrastingly, most colleges and universities require applicants to disclose all criminal history, including arrests, juvenile offenses, and misdemeanors.

How a Juvenile Criminal History Affects Admissions Decisions

So, we know that most colleges either require students to disclose criminal history or they run background checks on applicants. But how does this actually factor into admissions decisions?

For elite schools with a highly competitive admissions process, a criminal history could severely hamper your chance of being accepted, even if you’re otherwise a highly competitive applicant.

For other schools, it may come down to individual institutional preferences and policies surrounding safety concerns.

Campus sexual assaults and student violence are two highly scrutinized crimes by the public, so many universities hesitate to admit students with a history of violent or sexual offenses.

Other low-level crimes such as petty vandalism and low-level cannabis offenses are more likely to be overlooked.

Still, should any criminal history questions or criminal background checks yield a record, it will likely compromise your child’s acceptance to that particular school. Therefore, you may need to cast a wider net for college applications.

That being said, there is still an option for many college hopefuls with blemishes on their records.

Can Illinois College Applicants Get Their Records Expunged?

Fortunately, many Illinois college applicants are eligible to petition for criminal record expunction or sealing, especially for offenses committed as a juvenile. This process allows many young adults to pursue a college education and a bright future, by leaving past transgressions where they belong — in the past.

Taking the time to learn more about the Illinois criminal record sealing and expunction process could mean the difference in your child becoming the success they dream.

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.

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.

There are many reasons why you should get your Illinois criminal record sealed or expunged, even for misdemeanor convictions. In this post, we’ll detail why this will benefit you and how a knowledgeable attorney can help.

Benefits to Sealing or Expunging Criminal Records in Illinois

You may not think that a prior misdemeanor conviction will have much impact on your life. Also, you may not know if record sealing will make a difference – but it really does.

Here are just a few reasons why you should consider having your record sealed or expunged.

Allows you to find better housing

If you’re planning to rent, landlords typically run a background check. Unfortunately, they may turn you down if a criminal record shows up. Alternatively, they may accept you as a renter but charge exorbitant rates or require a larger deposit than normal.

If you’re planning to buy a home, a criminal record can even prevent you from acquiring a loan at a rate you can afford.

When you opt to seal or expunge your criminal record, you have a better chance of getting the housing you desire.

Enables you to apply for licenses

Some jobs or positions require special licensing which is not available for people with prior convictions. Record sealing or expungement can allow you to pursue application for the licenses you need to move forward with your life.

Improves your ability to apply for credit

Whether you are opening a credit line, financing an education, or taking out a car loan, a criminal record can prevent you from getting what you want.

By sealing or expunging your criminal record, your credit will no longer be negatively affected by a prior conviction.

Restores your rights

You may have lost certain rights due to a conviction, such as the right to vote or the right to own firearms. In certain situations, you may be eligible for sealing or expungement to get those rights restored.

For example, if you’ve considered adopting a child, that won’t be possible with a criminal record. However, with a sealed or expunged record, your right to adoption can be given back to you.

Gives you peace of mind

Being able to officially put the past behind you takes a weight off your shoulders. You will feel like your freedom has been restored when your criminal record has been sealed or expunged.

Gives you a better chance at securing employment

The great majority of potential employers do a background check on you, which will bring up any criminal activity from the past. For many employers, this will be a red flag that instantly disqualifies you from the job you want.

Also, if new management comes into a job you already have and decides to run background checks on current employees, your employment could be at risk.

By sealing or expunging your criminal record, you eliminate the chance that you won’t pass a background check. This can help secure employment for you and may even help you qualify for a higher-paying job.

How a Skilled Chicago Criminal Attorney Can Help

When you work with an experienced Illinois defense lawyer, you can explore your options for sealing or expunging your criminal record. Your attorney will know if the conviction qualifies and what the legal process involves.

Additionally, a trusted lawyer will put forth the necessary time and effort to wipe misdemeanors or certain felonies from your record. Call today for a free consultation.

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.

Having a criminal record is a difficult burden to bear. Even if you were not convicted, any arrests made or charges brought against you remain on that record for everyone to see. It is a suspicious and embarrassing “black mark” on your record that can’t help but make people look at you in a different light.

Unfortunately, background checks are common for employment, housing, college, and loan applications, and any sign of a criminal record severely compromises these prospects. A criminal record may even compromise your dating life, as many individuals now run background checks on prospective dates.

The bottom line is that anyone with a computer can access past transgressions that you’d rather put behind you – often to devastating effect.

Fortunately, in many cases it may be possible to get rid of your criminal record or seal it from public knowledge through record expungement or sealing, respectively. In order to successfully seal or expunge your record, it is important to fully understand how each process works in Illinois. You also need to be aware of which crimes are eligible for sealing or expungement, and what conditions must be met to have them removed from your criminal record.

Defining Record Expungement and Record Sealing

In the process of expungement, your record is either physically destroyed or returned to you, and your name is removed from all official indexes and state records. In this case, your record is not accessible by any form of background check, and you can legally deny or fail to acknowledge having been arrested or charged for the expunged crime.

In record sealing, your records are physically and/or electronically maintained, but are unavailable to the public without a court order. Further, your name is removed from any official index or public record. However, law enforcement, the court system, and a few prospective employers will still have access to the records.

Functional Differences of Record Expungement vs. Sealing

Both record expungement and sealing make your criminal record inaccessible to the general public and to most background checks, eliminating many of the devastating consequences of having a criminal record.

However, there are a few important differences to be aware of. It is also important to know what you are required to disclose on employment applications if your record has been sealed or expunged.

An expunged record is completely eliminated, and is not detectable by any means. A sealed record is not available to the public and will not show up on most background checks, but may still be visible to certain employers.

In most cases, you are not required to disclose expunged or sealed crimes on employment applications. However, you are required to disclose your prior criminal record if applying to a hospital or care facility, a school or government agency, or to the military.

Generally we advise speaking to an attorney before applying for employment with a sealed or expunged record, as he or she can give you a rundown of how to answer these questions legally.

Who Qualifies for Sealing or Expungement?

Sealing or expungement may be possible for many different crimes, although several years of good behavior are often required before you are eligible.

Expungement of Charges that Were Not Convicted

If your charges ended in any of these results, your record can be expunged:

• Acquittal
• Stricken with leave
• Finding of no probable cause
• Charges dismissed

Misdemeanor Convictions That Can Be Expunged

The following misdemeanors can be expunged five years after the crime was committed:

• Criminal sexual abuse
• Domestic battery
• Failure of scrap dealer to keep records
• Displaying false insurance
• Suspended registration for non-insurance
• Operating an uninsured motor vehicle

Felony Convictions That Can Be Expunged

The following felonies can be expunged five years after completing second chance probation:

• Class 3 theft or retail theft
• Class 4 criminal damage to property
• Class 4 theft
• Class 4 possession of methamphetamine
• Class 4 possession of a controlled substance

Felony Convictions That Can Be Sealed

The following felonies can be sealed three years after completing your probation, parole or sentence:

• Class 3 burglary tools
• Class 3 forgery
• Class 3 deceptive practice
• Class 3 theft or retail theft
• Class 4 possession of cannabis or controlled substance
• Class 4 prostitution

Crimes that Cannot Be Expunged or Sealed

There are a few crimes that cannot be expunged or sealed under any condition. These include:

• Distribution of harmful material
• Obscenity
• Pimping or solicitation of prostitution
• Public indecency
• Indecent solicitation of an adult
• Dog fighting
• Sex crimes committed against a minor
• DUIs

How to Get Your Record Sealed or Expunged

The State of Illinois offers a number of resources to help the accused or convicted determine if they are eligible for record expungement or sealing. However, this can often be a lengthy and deceptively complex process.

To maximize your chance of getting rid of your criminal record for good, we recommend getting in touch with a reputable Chicago defense attorney with a solid track record of successful record expungements and sealings. He or she will be familiar with the system, and can leverage this knowledge and experience to maximize your chance of a favorable outcome and make the process faster and less painful.

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.

Having a criminal record is not an easy burden to bear. Even if you received a not guilty verdict or had your charges dropped or dismissed, charges and arrests remain on your record.

Unfortunately, explaining the black marks on your record can erect a serious barrier between you and the job, education, or housing that you want. Worse, criminal records are completely public. All anyone needs to learn all about your past transgressions is an internet connection.

Luckily, Illinois allows offenders who have been accused or charged with crimes to clear their criminal records. In some cases, individuals who have been convicted can clear their records as well, as long as they have proven they have been able to live without violating the law for a number of years.

If you would like a second chance at a clean criminal record, you may want to pursue expungement or record sealing. When the state of Illinois expunges an individual’s record, they completely destroy it and remove their name from the public record. Criminal record sealing is simply the means of making the records unavailable to the public. Employers, lenders, and potential landlords won’t have access to the criminal record, but law enforcement officials will still be able to access the records at a traffic stop or during an investigation.

Many misdemeanors, and some Class 4 and 3 felonies, are eligible for this second change through expungement or criminal record sealing. To see if you are eligible to have your record expunged or sealed, call a lawyer to start the expungement process.

If You Have Been Arrested or Charged

If you have been arrested, but were not charged with a crime, you can get your record expunged.

If your charges ended in any of the following results, you can get your record expunged:

• Acquittal (Finding of Not Guilty)
• Stricken With Leave
• Finding of No Probable Cause
• Charges Dismissed

If You Have Been Convicted

Those who have been convicted do not always qualify for expungement. Your eligibility depends on the specific crime that you committed. For certain crimes, only individuals of a certain age, or who committed the crime before a certain date, can get their record expunged.

Crimes That Cannot Be Expunged or Sealed:

• Driving Under the Influence
• Sexual Offenses (if committed against minors)
• Dog Fighting
• Indecent Solicitation of an Adult
• Public Indecency
• Solicitation of a Sexual Act
• Soliciting for a Prostitute
• Keeping a Place of Prostitution
• Pimping
• Obscenity
• Distribution of Harmful Material

Crimes That Can Be Expunged, With Exceptions:

• Reckless Driving: can be expunged if committed before January 1, 2013, before an individual’s 25^th birthday, and if the individual has turned 26 and not been convicted of DUI or reckless driving since

Misdemeanors That Can Be Expunged, Five Years After the Crime Was Committed:

• Operating an Uninsured Motor Vehicle
• Suspended Registration for Noninsurance
• Displaying of False Insurance
• Failure of Scrap Dealer to Keep Records
• Domestic Battery
• Criminal Sexual Abuse

Felonies That Can Be Expunged, Five Years After Completing “2^nd Chance Probation:”

• Class 4 Possession of a Controlled Substance
• Class 4 Possession of Methamphetamine
• Class 4 Theft (at school, place of worship, government property)
• Class 4 Criminal Damage to Property (or Government Supported Property)
• Class 3 Theft or Retail Theft

Felonies That Can Be Sealed, Three Years After Completing Your Probation, Parole, or Sentence:

• Class 4 Prostitution
• Class 4 Possession of Cannabis or Controlled Substance
• Class 3 Theft or Retail Theft
• Class 3 Deceptive Practice
• Class 3 Forgery
• Class 3 Burglary Tools

What’s Next?

Before these records can be expunged or sealed, you will have to submit a Request of Consideration. The Illinois Prisoner Review Board will look at the crime(s) that you are looking to get expunged or sealed, how long it has been since you were released or finished your sentence, and your behavior since that time.

Just because your criminal record is eligible for expungement does not mean that you will automatically be granted a clean slate.

More serious offenses (including Class 2, 1, or X felonies) may not be sealed, but may qualify for executive clemency and expungement through a pardon. In order to apply for this pardon, you will have to submit a Petition for Executive Clemency.

You may have to appear in court, although there are options for offenders in small towns to fill out the appropriate petition and get their record expunged through the mail.

This process has been simplified over the years in order to take the burden off of ex-offenders, but there are still roadblocks present for those who are trying to get their records expunged or sealed. Before you submit the appropriate petition, consult with an Illinois criminal defense lawyer about the best steps to take in order to get a clean state and a second chance.

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.

In early July, the Chicago City Council’s Committee on Public Safety passed a resolution encouraging Springfield lawmakers to expand criminal record sealing and allow more offenders to have their records sealed sooner. The resolution does not make any legislative changes, but it does indicate that more reforms are on the way.

What might this mean for you if you have a criminal record? First let’s take a look at what criminal record sealing is and how it works in Illinois.

What Is Criminal Record Sealing?

After serving your time, the crimes you committed still follow you as you apply for jobs, housing, and more. This is because criminal records are public information, and can be accessed by anyone who does a quick internet search.

People with criminal records tend to have a harder time getting good jobs, successfully applying for apartments, and more – even if the listed crime or crimes were committed years ago and proper reparations have been made.

That’s where criminal record sealing comes in. It allows eligible records to be hidden from the general public. Law enforcement officials and employers in specific industries (i.e. school administrators) will still be able to access these records, but a landlord or businessman will not.

The Benefits of Record Sealing

In a nutshell, record sealing helps ex-offenders get a fresh start, improve their quality of life, and become a contributing member of society. But let’s break that down a little bit.

Jobs. A study from Northwestern University shows that having a criminal record drastically decreases your likelihood of being called back for a job. To put it in stark numbers, while 34% of white ex-offenders and 14% of black ex-offenders without criminal records are called back, only 17% of white ex-offenders and 5% of black ex-offenders with criminal records are called back. That’s a huge drop.

Finding a job is a necessary part of moving on from being convicted of a crime, and lowers the overall recidivism rate (the rate at which people who have been convicted of a crime in the past return to prison). Statistics gathered by a Safer Foundation program revealed that ex-offenders who held a job for at least 30 days have a recidivism rate of only 16% – far lower than the state average of 50%.

Community. Record sealing is a pretty good deal for ex-offenders, but the community as a whole also benefits from record sealing. How so?

A community with more employment sees higher revenue and lower crime. Record sealing allows more people to be employed regardless of the mistakes they made in the past. Therefore, record sealing can make an area better for everyone.

The Impact of Recent Changes in Policy

Lawmakers in Illinois and throughout the United States have begun to really listen to the facts about record sealing and make legislative reforms to allow more people to have their record sealed. On January 1, 2016, two reforms went into effect in our state. These reforms are designed both to allow more offenders to have their records sealed sooner and to help them have a better chance at finding jobs.

Senate Bill 844 shortened the waiting period to have records sealed by one year for offenders of all eligible crimes. Now, the average waiting period is three years instead of four.

Eligible offenders who have earned a degree or diploma during their time in jail (high-school diploma, GED, associate’s degree, bachelor’s degree, and so on) can get their records sealed even faster thanks to another change – House Bill 3419. Anyone who falls under this category can petition to have their records sealed immediately upon release.

HB 3419 gives offenders a higher chance of being hired in general and of finding better jobs because it not only removes the impediment of a criminal record faster, but provides motivation for individuals to progress in their education.

These changes are likely just the beginning. Lawmakers are shifting their attitudes to allow more ex-offenders get jobs and live without the stigmas of the past. But that doesn’t mean the process is simple or easy.

A knowledgeable record sealing lawyer can help you understand the process, learn whether or not you are eligible, and make sure that you avoid any bumps in the road. Begin your new life with a sealed criminal record. Learn more now.

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.

If you are facing criminal charges, the last thing you’re probably thinking about is your criminal record. After all, the idea of spending time in prison, paying exorbitant fines, or even having to deal with something like community service or a driver’s license suspension seems like a far bigger deal.

But what you may not realize is that having a criminal record dramatically decreases the odds that you can find a job, rent an apartment in a good neighborhood, qualify for a loan, and more. Worse, it sticks around for life – even if you are not convicted of your charge!

If you are still lugging around a criminal record years after being charged, you may feel like you’re continually being punished for mistakes you made many years ago. In these cases, many people seek expungement, which means your criminal record is destroyed or sealed against public access. There are a couple of ways to get your record expunged, but it is not easy to get an expungement or record sealing granted.

Talk to a Knowledgeable Lawyer about Your Odds for Expungement

How does expungement work in Illinois?

In most cases of recurring criminal activity, you will have a hard time earning an expungement or even a sealed criminal record – especially if you attempt to represent yourself.

For first-time offenders, or for those who were minors at the time of the conviction, the odds are much higher. Also, if you were only arrested or earned a misdemeanor conviction, you are more likely to earn an expungement than someone who has one or more felony convictions. If you’ve served your time for the offense, and have had a clean record for an extended period of time, sometimes you can also be granted an expungement.

In some cases, part of your criminal record can be expunged, but not all of it (for example, you may be able to remove a misdemeanor, but felonies stay on your record in most cases). There is also a probation period after serving time in jail before a record can be evaluated for expungement, depending on the crime.

What it comes down to is one simple fact: seeking an expungement or record sealing is not an easy process. Here’s what you need to do.

File a Petition. Expungement starts with petitioning the court that convicted you in the first place. You can either send in your petition by mail or drop it off in person. Filing this petition costs money – $120 plus an additional $9 for each charge or case you want removed from your record. You can ask to have these fees waived if you can’t afford them, but the court doesn’t have to agree.

Hire an Attorney. Much like you need an attorney to defend you in a court of law, you can use an attorney to help plead your expungement case. This can help a lot, especially in the eyes of the judge, as it shows your commitment to the process. The attorney may also be able to help with petitions, court dates, and general proceedings in regard to handling the court.

Expungement Doesn’t Always Mean Gone

Keep in mind that your expunged records may be able to be viewed in cases of specific government jobs or public service jobs (with very high security clearance levels), or with regards to sex offenses. In most cases, the general public cannot view the documents or your criminal history, but some things can’t stay hidden.

Again, the best way to both understand how expungement and record sealing works and succeed in your bid to make it happen is to contact a knowledgeable lawyer who has successfully handled these types of cases before.

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.

For many past offenders who are looking to turn their life around, expunging or sealing their record is an important step towards moving past old mistakes. Through doing so, most people hope to apply confidently for higher paying jobs, colleges, housing, and federal resources. A black mark on your permanent record can close many doors. The hope is that through the process of expungement or sealing, those doors will be opened again.

The unfortunate truth is that many parties have access to your criminal records. The process of obscuring past offenses from the general public can be somewhat confusing, and many of those who undertake it ask the same question: “Do I need an attorney for this?”

Technically speaking, the answer is no. You are not legally required to have an attorney to expunge or seal your record. However, the process of sealing or expunging a record is a lengthy and confusing one. A lawyer can help guide you through the process, saving you headaches while ensuring that you get your record clean as soon as possible.

Clearing your past record is a complex technical legal process. Small mistakes on court documents or other paperwork can delay you weeks or even months—time you may not have when applying for a job, for college, or benefits. Contacting and consulting with a lawyer is often free, and an attorney with a strong background in expunging or sealing criminal records will likely be able to provide an estimate on the cost of the whole process.

Expungement vs. Sealing

“Record sealing” and “record expungement” are two terms that are often used interchangeably by lay people. While the two often have similar results, there are some important differences between the processes.

When you expunge a record, it means that the record is either destroyed or returned to you. The clerk’s office erases your name from the docket system, and impounds the court file. After this happens, no record of your arrest will be available to the general public.

Sealing a record does not involve destroying your record. Instead, you record will be made inaccessible to most of the general public, and can only be accessed by a court order. Prosecutors and law enforcement will still be able to access it.

Expungement is a possibility only if every offense on the record qualifies. In other words, if you have three crimes on your record, and only two have the qualities that qualify to be expunged, then none of your record can be expunged.

Sealing, however, can occur on a case by case basis. So even if you have a criminal record that only partially qualifies for sealing, you can still have specific past criminal offenses sealed.

What Can and Can’t Be Expunged?

Illinois places a few restrictions on offenses that can and cannot be removed from a personal record. In general, convictions do not qualify for expungement. Expunging is a service only available to individuals who were arrested but not convicted.

Under Illinois law, the following case results are not per se convictions and are therefore able to be expunged: Supervision, Nolle Prosequi (or “not prosecuted”, also “NP”) , Stricken Off with Leave to Reinstate (“SOL”), Finding of No Probable Cause (“FNPC”), Dismissed, Not Guilty, or successful completion of first offender drug probation or TASC probation.

But if you were convicted of a criminal offense—i.e. a misdemeanor, certain felonies, or municipal order violations—you still may qualify to have your record completely or partially sealed. For most private background checks, this is effectively the same as removing the crime entirely. The government may still be able access your past records, as will prosecutors in the event of a future crime, but others will not.

Unfortunately, most felonies do not qualify for sealing. Recent legislation has allowed for some minor (Class 3 and 4), non-violent felonies to be able to be sealed. A record sealing attorney will be able to tell you for certain whether your specific situation qualifies.

Certain misdemeanors do not qualify for sealing. DUIs, for example, cannot be sealed. Violent crimes and sex crimes, even if they are misdemeanor charges, do not qualify for sealing either. To qualify for sealing, general conditions often need to be met. For example, for misdemeanor offenders, it is possible to qualify for sealing if you were sentenced to supervision and have not been convicted of a felony or misdemeanor charge in three years. Again, each situation is unique and legal consultation can quickly determine whether you qualify for expungement or sealing.

Beginning the Process of Sealing or Expunging a Criminal Record

The process of sealing and expunging processes can vary from situation to situation, but most individuals can expect the process to take a few months. In Chicago, the process can take up to a year. The process is lengthy simply because of the sheer amount of government bodies involved. Therefore, you should begin the process as soon as possible instead of waiting until you are applying for a new job.

Prospective sealers or expungers will need to gather all the necessary documents to determine whether they qualify. Perhaps the most important document you will need is a copy of your criminal record. You can obtain this from the police station that arrested you. The police will fingerprint you and print out a copy of your file. If you were arrested in Chicago, the local police have a step by step guide to obtaining a copy of your record online.

Your record will likely provide information necessary to your attorney, including:

• Date of arrest
• Law enforcement agency that arrested you
• Charges
• Outcome
• Date that your case or sentence was completed

If you would like more information or counsel on expunging and sealing your record, an experienced Chicago defense attorney can be an invaluable resource. Don’t wait to turn your life around—contact us immediately.

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.

Whether you were convicted of tax evasion or charged with petty theft, a tarnished criminal record can cause a lot of problems long after the crime was committed. Landlords might refuse to rent an apartment to you. Banks might deny you for a loan. College admissions officers could reject you for university admission or scholarship. Employers might not hire you for a job.

Thanks to the advent of the internet and growth of information technology, employers, landlords, and the like now have easy and instant access to criminal records online. Without legal action from you, charges and arrests will remain on your record for the rest of your life, even if the incident occurred years ago or you were never convicted for the crime.

Fortunately, Illinois law allows you to have your record expunged or sealed in certain cases. When expunged or sealed, the general public will not have access to your record, and you will not typically have to reveal your charge or conviction to others.

When Can You Expunge an Adult Criminal Record?

Under Illinois state law, you are eligible to have your record expunged if you have been arrested or charged, but never convicted of a crime. Supervisions and qualifying probations can also be expunged from your record, as well as completion of special first offender drug probation or TASC probation and juvenile offenses. In addition, if you were a victim of identity theft, any criminal records resulting from the theft are also eligible for expungement. To determine whether your specific situation qualifies you for expungement, review this worksheet provided by the Illinois government.

If you do qualify for expungement, you must petition the State’s Attorney of your county, the state police, the Arresting Authority, and the Chief Legal Officer of the unit of local government affecting the arrest. Once you’ve submitted a petition, these agencies have 60 days to file an objection. For a more in-depth guideline of how to file your petition, see the instructions from the Illinois government.

When your petition for expungement has been accepted, your records—including arrest records, mug shots, and fingerprints— are destroyed or returned to you. The court file is impounded or sealed so the records are unavailable to the public from then on.

When Can You Seal an Adult Criminal Record?

While your record is ineligible for expungement if you were convicted of a crime for a criminal offense or municipal ordinance violation in Illinois, it may still be eligible for sealing. Most misdemeanor cases can be sealed if they do not involve a violent or sexual offense or intoxicated driving. However, felonies—with the exception of special drug or prostitution convictions—usually cannot be sealed. To find out whether your specific case qualifies for sealing, the Illinois government has a separate worksheet that you should consult.

The procedure for petitioning to have your records sealed is very similar to that of having them expunged. As with expungement, the Illinois government provides instructions on how to get your record sealed based on your particular scenario.

However, unlike expungement, your records are not destroyed in the sealing process. Instead, they are placed “under seal” so they cannot be accessed by the general public. After sealing, only law enforcement officials and select government agencies can access the file for special purposes.

The Advantages of Having Your Record Expunged or Sealed

When your record has been expunged or sealed, arrests and convictions are kept private from sensitive parties such as employers and landlords. In most case, you are not legally required to say you have been convicted or charged with a crime when questioned, and Illinois law prohibits employers from asking whether your record has been expunged or sealed in the past. Record expungement and sealing can even raise your credit score and help you qualify for a loan or housing.

So how exactly do you get your adult criminal record expunged or sealed?

Even with the aid of government worksheets and instructions, the process of having your record expunged or sealed is a long, complicated, and oftentimes overwhelming one. After all, the decision will have a huge impact on your professional, educational, and financial future. If you think you or a family member may qualify for expungement or sealing, don’t go through the complicated and stressful process on your own. Your best chance is to enlist the aid of an expert Chicago criminal lawyer with years of experience in the procedure. Your attorney will help you determine whether it’s best to apply for record expungement or sealing, then guide you through the petitioning process step-by-step.

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 and drug crimes.