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.

Not so much.

Even if you are only arrested, or if you are charged but acquitted on those charges, it creates a criminal record. A record that will follow you if you don’t take action.

Having a conviction on your record is especially hard because state and federal laws automatically ban you from holding certain positions, getting certain jobs, and even exercising basic rights.

These restrictions are costly in both a literal and figurative sense. Learn about these costs and what you can do to save yourself money through criminal record sealing.

How Having an Illinois Criminal Record Costs You Money

Loss of Income

Until your criminal record is sealed, it is visible to the public. This includes potential employers, landlords, and recruiting agencies. Trying to move up the pay scale with a new job title? Just trying to get any job? A criminal record is likely holding you back.

Additionally, there are some hard restrictions on felons regarding what industries they can work in and what positions they can hold. Even if you just have misdemeanor offenses on your record, a background check will reveal these mistakes to employers. When that happens, they’re far more likely to give the job to someone with a clean record.

Think of how much you could save if you had a job that paid more and offered more benefits. Keep your criminal record public, though, and that job – and money – will probably remain out of reach.

Inability to Get a Loan

There are other avenues to moving up in the world beyond employment. Pursuing higher education and starting your own business are just two examples of next steps many offenders try to take after serving time. But offenders with felony records encounter a massive roadblock at the bank.

A criminal record, especially one that contains drug crimes, severely limits your eligibility for getting a student or business loan.

It’s not easy to get a degree or start a business without financial assistance. The longer you keep your criminal record public, the longer it will take for you to find a lender who is willing to give you a chance.

Bad Credit

There’s another reason why you might not be able to get a loan approved with your criminal record. Criminal and civil proceedings can send your credit score down the drain.

Unfortunately, everything is connected. As debts pile up because you can’t get a good job and you lose the ability to build up credit, your score will remain low.

Other Costs of Having a Criminal Record in Illinois

Of course, the costs of having a criminal record don’t just come down to dollars and cents.

Limited Housing Options

Bad credit, inability to get a loan, and a criminal record can make buying a house feel impossible. Even getting approved to rent an apartment can be hard with a criminal record. Landlords may decide to choose someone else who has a cleaner record, or they might outright bar you from signing a lease based on your past.

Reputations and Relationships

A lot of trust goes out the window when someone you know is arrested or charged with a crime. Your former colleagues, friends, and business partners may keep their distance.

While there are no laws or policies for who a felon can or can’t be friends with, your record may loom over you. Taking the steps to get your record expunged may show the people in your life that you are actively trying to recover from your mistakes and move on.

Inability to Travel

Depending on your record and where you live, you might also face travel restrictions. Your opportunities aren’t just limited within your county or state, either – they will follow you pretty much wherever you go.

Can You Get Your Illinois Record Expunged?

Eligibility for expunction and criminal record sealing depends on whether or not you were convicted of a crime, how much time has passed, and whether or not you have committed subsequent crimes. A knowledgeable expungement attorney can guide you on whether or not you qualify to clean your record.

A clean (or hidden) record is crucial to moving past the mistakes you have made in the past and building a successful life for yourself. Talk to an Illinois criminal defense attorney about how you can seal your record and stop paying the cost of your past.

The sooner you can get your criminal record sealed or expunged, the sooner you can move on with your life.

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.

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.