Expungement and Sealing of Cases in Illinois
A tarnished background check, even with no convictions, can pose challenges in advancing yourself, including job prospects, college admissions, or rental applications. Fortunately, there is the option to seal or expunge certain types of criminal cases making them invisible to the public. Below is a brief guide on how to proceed with sealing or expunging a case in Illinois.
What does it mean to expunge a criminal case?
Expunging a criminal record begins with petitioning the court to erase or completely remove them from public access. All copies of your criminal record pertaining to the expunged case are physically destroyed. Basically, it will be like nothing happened, and you are not required to tell anyone.
Below are the arrests, charges, and sentences that can be expunged in the state of Illinois:
Misdemeanor or felony charges that did not lead to a conviction
Convictions for misdemeanor and felony cases that were vacated, pardoned, or reversed
The petitioner is an honorably discharged veteran
Completed court supervision after the waiting period passed
Completed sentences of some types of probation
The following arrests, charges, and sentences are NOT eligible for expungement:
Any conviction outside of Illinois
Convictions for most misdemeanors and felonies
Traffic offenses, like DUI or reckless driving
Uncompleted sentences
Sex offenses
What does it mean to seal a criminal case?
If expungement is not an option, you may consider sealing the case. Sealing means the contents of one’s criminal record are legally hidden from the public. The record will not appear on a background check. Depending on your circumstances, the following are eligible for sealing:
Arrests and charges that did not end up in a conviction
Convictions and supervisions for most misdemeanors and felonies, including retail theft
Release without being charged
Convictions that have been vacated or reversed
Drug, alcohol, and theft cases
Some cases are NOT eligible to be sealed. The following are examples of cases that cannot be sealed in the state of Illinois:
Reckless driving if you were over 25 years old at the time of the offense
Sex offenses, except prostitution
Domestic battery and violation of Orders of Protection/No Contact Orders
Violent crimes and murders
Animal welfare crimes
New felony convictions that occur following the sealing of prior felony convictions
How to Expunge or Seal Criminal Records in Illlinois
Obtain and review your criminal records
Review your criminal records to see which records are eligible. It may be helpful to have an attorney assist with this process since he/she will know exclusions and exceptions.
Complete the necessary forms and file within the county
The forms can be found on the county’s clerk website. Be sure to complete them fully and accurately. The legal terminology may make this difficult, so seeking legal assistance may be helpful in completing these correctly. Once the forms are filled in, they will need to be filed with the Lake County Circuit Clerk (or the Circuit Clerk of the county where you were arrested and charged). These usually have to be filed in person and filing fees paid. Fees can change, so it is best to call the Circuit Clerk’s office ahead of time to confirm the current fees.
Court hearing
In some situations, a court hearing may be required. A notice will be mailed ahead of time with the court date noted. This court date will require your attendance. You will want to be prepared with the necessary documents related to your case. An attorney can also be hired to represent you for this hearing.
Court approval
If a court hearing is not required, you will receive notice in the mail on whether the case was sealed or expunged. If you are required to attend a court hearing, the judge usually decides at the hearing and you are immediately notified. Follow up paperwork will be mailed from the county and/or the Illinois State Police. Once this letter is received, you will want to file this away safely in case it is needed in the future.
Request denied
If you request to have criminal records sealed or expunged is denied, you can file a Motion of Reconsideration with the Circuit Clerk within 60 days.
Sealing or expunging criminal records can make quite a difference. The average time frame from filing to receiving notice in Lake County is 3-4 months and roughly 6 months if a hearing is required. Given the high level of importance, it is worth consulting an attorney in the process to guide you through the steps. Attorney Alan Lenczycki can assist you with this process to get you the best possible outcome. If you have criminal records in Lake County, McHenry County, or Cook County, give us a call for a complimentary consultation to discuss what may be eligible and the next steps in cleaning up your record.
