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.

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.

Having your criminal record sealed in Illinois greatly benefits those with a criminal history. While not every conviction can be sealed or expunged, those eligible to have their criminal records sealed can get a boost from going through the process and getting it done.

What is criminal record sealing, how is it different from expungement, who qualifies, and how can it benefit you? Read on to find out the answers to these questions!

What Is Criminal Record Sealing in Illinois?

You often hear the terms “record sealing” and “expungement” used interchangeably, but they are two very different things under the law.

While both of these processes will take criminal records out of public view, an expungement means that the record is erased as if it never occurred. Sealing, however, means that the record is hidden from public view but will still come up when searched by certain employers and law enforcement agencies.

Sealed records cannot be accessed by the general public. However, background checks will still identify some convictions. If you hope to work someplace that will complete a background check for employment, such as a hospital, daycare, police department, or government job, they will be able to see your criminal record. Other employers will not – and neither can a potential landlord.

What Criminal Records Can Be Sealed in Illinois?

Only certain things can be sealed when it comes to criminal records. You can have an arrest or a charge for misdemeanors or felonies sealed if you were never convicted.

You might also encounter these situations:

• The charges against you were dismissed
• You were acquitted
• You were released without ever being charged
• You had a conviction reversed or vacated

In most cases, convictions can be sealed, whether misdemeanors or felonies. However, if you were convicted of one of these offenses, then it cannot be sealed:

• DUIs
• Domestic battery
• Reckless driving
• Felony public indecency
• Violation of a no-contact order
• Minor traffic violations
• Sex offenses except for prostitution
• Dog fighting
• Any conviction that required you to register as a sex offender

Why Should You Seal Your Criminal Record?

If you are eligible, there are many reasons why you should do what you can to have your criminal record sealed. Some of the benefits of sealing a criminal record in Illinois include the following:

Better Housing

Those who rent know that finding a great place to live can be a real challenge. It can be made even more challenging with a criminal record due to background checks.

By having your criminal record sealed, you will have a better chance of securing desirable housing for you at a price you can afford. And even if you’re looking to buy a home, record sealing can help you get the loan you need at a rate you can afford.

Professional Licenses

Some jobs will require you to get special licensing to perform them, but that is not an option for people who have a criminal history in many cases. With record sealing, you may still be able to get the licensure you need for your dream job.

Better Credit

Credit is important to get ahead, and a criminal history can also impact that. Sealing your record means your credit history won’t be negatively impacted by your criminal history anymore.

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.

The legalization of marijuana in Illinois has led to some amazing things for residents of the state. Chief among them? Thousands of cannabis offenders who have had their records expunged due to marijuana’s legalization in the state.

WGN has reported that Governor Pritzker recently announced that almost 500,000 criminal cannabis cases are now eligible for expungement and forgiveness.

Illinois’ governor issued a pardon for nearly 10,000 cannabis convictions while the State Police wiped the records clean of 492,000 non-felony cannabis cases.

If you are looking to have your case expunged in Illinois, now may be the time. There are a few things you need to know about the process before you begin, though, as well as the eligibility requirements. Read on to find out more.

Minor Cannabis Offenses in Illinois

If you have an arrest record as an adult in Illinois for a minor cannabis offense, then you may be eligible for expungement of those records. A minor cannabis offense is considered the dealing or possession of 30 grams or less of marijuana before June 25, 2019.

In order to be eligible, the arrest must have taken place at least one year ago and you cannot have had any charges filed against you in court. If you were acquitted of the charges or they were vacated or dismissed, then you are eligible for expungement.

It’s also important to note that your charges cannot have involved giving marijuana to someone who was under 18 and at least three years younger than you or being arrested for a violent crime at the same time as the marijuana charges.

Police are automatically expunging records that meet the qualifications for expungement if you were arrested after 01/01/13. In that case, your record will be expunged by 01/01/21. For anyone arrested between 01/01/00 and 12/31/12, your record will be expunged by 01/01/23. If you were arrested before 01/01/00, then you can expect an automatic expungement by 01/01/25.

Please be aware that the automatic expungements being done by law enforcement will not expunge court records. You must seek expungement on your own of these records if you want that to happen.

Guilty Verdicts in Illinois on Minor Cannabis Offenses

For anyone who was found guilty of a minor cannabis offense, there is still hope of an automatic expungement. However, the process is a bit different.

In cases of conviction, the record must go before the Prison Review Board. They will advise that the Governor grant an expungement.

If he does, then it goes to the Attorney General who files a petition in the county you were convicted in to expunge your record. If this is granted, then you will be identified by the county clerk.

Expungement of Other Illinois Offenses

Even if you don’t meet any of the criteria mentioned, your case may still be eligible for expungement. Any misdemeanor where court supervision was received is eligible for an expungement two years after its successful completion except the following crimes:

• DUI
• Domestic violence such as stalking and violation of orders of protection
• Sex crimes that qualify you for the sex offender registry

Also remember that if you were never convicted you can seek expungement or if your conviction for a felony or misdemeanor was pardoned, vacated, or reversed.

How to Get Your Records Expunged

To have your records expunged if you qualify, you must first file a petition and pay a fee to the circuit court in the county where your charges were brought. Arrests or charges in multiple counties will require you to file a separate petition in each county.

The circuit clerk will then serve notice to the State’s Attorney’s office or the prosecutor that handled your case, as well as the arresting agency and legal officer of the local government that made your arrest. Any agency that receives notice can object to the petition within 60 days.

A hearing is then scheduled by a judge or, if no one objects, the judge may simply grant your petition. Even if you qualify, you should understand that the court has the right to either deny or grant your petition.

Expungement can do great things for you and your life but you have only one shot to do it right. That’s why it’s essential to understand the process if you qualify, and what is at stake when you apply for the expungement.

An experienced attorney can help answer your questions and guide you through the process to make sure everything is done right.

It’s a great thing that Illinois is expunging so many records due to its legalization of marijuana. Don’t miss out if you qualify for an expungement of your record for minor cannabis offenses.

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.

Being arrested for your alleged involvement in a crime can be an upsetting experience in itself. Even if you manage to get the charges dropped or the case dismissed, you still have to go through lengthy, and often emotionally taxing legal procedures. And if you are unfortunate enough to be convicted of a crime, there may be prison sentences, jail time, or hefty fines to deal with.

Sadly, these consequences are just the beginning of how an arrest, charge, or conviction can impact your life. These criminal activities leave a stain on your permanent record, which can negatively impact your professional and personal life now and into the future. Below, I’ve listed some of the ways a blemished criminal record can impact you for the rest of your life.

Limited employment and volunteer opportunities. Employers and volunteer agencies have the right to conduct criminal background checks before and after hiring you. With a background check, they’ll be able to see any felonies or misdemeanors, current and past arrests, current and past court warrants, and federal and state bankruptcies. A private employer can legally fire you or refuse to hire you because of your criminal record, citing workplace safety or security as their reasoning.

Limited housing opportunities. Many landlords and property owners will screen prospective tenants before allowing them to rent property. In addition, many public housing authorities and agencies that offer subsidized housing will exclude applicants or evict current tenants with past arrests and convictions on their records.

Limited education opportunities. The majority of universities and colleges collect criminal justice information on prospective students and consider the information in the acceptance process. In many cases, schools will deny entrance to a student with a criminal record for campus safety reasons. In addition, you may not be eligible for financial aid or grants from the government.

Limited loan opportunities. In some cases, certain crimes will prevent you from obtaining loans, such as a mortgage, small business loan, or a college tuition loan. Banks and credit unions also often have specific rules in place for determining who is eligible for a loan, and may require successful loan applicants to have a clean criminal history.

Many people mistakenly believe that an arrest will have no lingering effect on their life if they were never convicted or if their charge was dismissed. But the reality of the situation is, any criminal arrest, charge, or conviction may appear on a criminal background check, barring you from jobs, housing, colleges, and loans.

Happily, there are two ways to clean a criminal record in Illinois—record expunging and record sealing. Though both have notable differences, record sealing and expunging both share the common purpose of having your record destroyed or made inaccessible to the general public. If you have your record successfully expunged or sealed, it cannot be accessed by prospective employers, landlords, college admission boards, and the like.

If you are worried about your criminal record limiting your future prospects and opportunities, having your record sealed or expunged may be your best solution. The multi-step process of petitioning to have your record sealed or expunged is lengthy and often complex, so it’s best to approach it with the aid of an experienced criminal lawyer. A criminal defense lawyer who has successfully navigated the expunging and sealing processes many times before can help you determine your eligibility and properly file a petition, ensuring more favorable odds for success.

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.