Is it Possible to Clear My Illinois Criminal Record?

 Posted on October 15, 2019 in Expungement

Having a criminal record can make impact your life negatively in many ways. It can be much more difficult to rent a house or apartment, pass a background check for potential employment, or even obtain a loan or mortgage. You do not even have to be convicted of a crime to have a criminal record; if you have ever been arrested or charged with a crime, you have a criminal record. These records are public, meaning anyone who wants to see your record can, including friends and family. Fortunately, you have options when it comes to clearing your criminal record in Illinois.

Expungement Versus Sealing

There are two main ways you can clear your criminal record in Illinois: through expungement or sealing. Although both methods are similar to each other, they do not produce the same exact result. Expungement results in your criminal records either being returned to you or being destroyed. This makes it as if you never had a criminal record at all and does not allow the police, government, or the public to view these records. If you seal your record, they are hidden from the public, but they are not erased. This means your records will still be visible to the government and to law enforcement.

Limitations to Expungement

Unfortunately, only certain records can be expunged. The state of Illinois typically does not allow any records involving a conviction to be expunged. However, if you were convicted of a crime, you may be able to have the records sealed, but it depends on the type of charges you are trying to seal.

Records that qualify for expungement include:

• Misdemeanor and felony arrests that did not lead to a conviction

• Sentences that resulted in court supervision

• Certain probation sentences

If you are unable to qualify for expungement, you may be eligible to have your records sealed. If you were arrested and/or charged with a felony or misdemeanor crime, those records can be sealed at any time if they did not result in a conviction. If they did result in a conviction, your records can be sealed three years after you have successfully completed your sentence. However, records for certain types of offenses cannot be sealed, including convictions for domestic battery, violation of an order of protection, and sex crimes that require a person to register as a sex offender.

Contact an Arlington Heights, IL Criminal Record Expungement Attorney 

Having any sort of criminal history can affect your life. If you have negative marks on your record, you should contact a knowledgeable Rolling Meadows, IL expungement lawyer to see about getting your criminal record cleared. Scott F. Anderson, Attorney at Law has years of experience helping clients get a fresh start by expunging or sealing their criminal records. Call our office today at 847-253-3400 to schedule your free consultation.

Sources:

http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=350&ChapterID=5

https://www2.illinois.gov/osad/Expungement/Documents/Adult%20Exp/ExpungementSealing_Instructions_Approved.pdf