The Illinois Criminal Identification Act allows certain arrests, convictions and supervisions to be sealed or expunged. If you have never been convicted of a criminal offense or violation of a municipal ordinance, you may be eligible to expunge your records. If you have a conviction for a criminal offense or violation of a municpal ordinance in your past, although you will not be eligible to have your records expunged, you still may be eligible to have your records sealed.
If a record is expunged, it is as if the crime never happened. The law enforcement agency involved destroys their records of the arrrest or removes all reference to your name from the public record. Conversely, if a record is sealed, the file remains intact but under seal. Although law enforcement still will have access to the record, most members of the general public will not. It is illegal for potential employers to inquire as to whether you have ever had any records sealed or expunged.
Only a few Illinois felony convictions qualify for sealing or expungement. Felony convictions that qualify for sealing include class 4 felony convictions for:
Sentences of first offender drug probation under Section 10 of the Illinois Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Illinois Methamphetamine Control and Community Protection Act are not considered to be convictions and may be eligible for sealing or expungement.
In other cases involving an Illinois felony conviction, pursuit of expungement or sealing requires a Pardon from the Governor authorizing expungement. If you have never been convicted of anything, a felony arrest that did not result in a conviction may be expunged.
Unlike felony cases, many misdemeanor offenses do qualify to be either expunged or sealed. Whether you are eligible to seek expungement or sealing depends on a number of factors, such as the type of offense, the disposition of the charge (court supervision, conditional discharge, probation, acquittal, nolle prosequi, dismissal, or stricken with leave), whether any charges are pending against you currently, whether there are any other cases on your record that resulted in convictions, and how much time has passed since the completion of any sentence that was imposed.
Matt Hoffman assists people in reviewing and preparing their cases for expungement or sealing of records. As a former Lake County Assistant State's Attorney who prosecuted individuals in criminal cases for over six years, he knows first-hand the ramifications criminal convictions and criminal dispositions can have on a person's record. He is also aware of the many situations in which information contained in criminal background checks can surface later in a person's life and have a detrimental impact on their ability to obtain employment, or enter and remain in the United States.
Yet, Section 5 of the Illinois Criminal Identification Act is written in such a way that it allows the pursuit of the expungement or sealing of records in many different circumstances. If you have a Lake County, Illinois expungement or sealing issue you would like to discuss, this office offers a free consultation. You may reach Matt directly at (877) 360-1880, or at (847) 360-1880.