How Do I Expunge or Seal My Criminal Record in Illinois

If you have a criminal record in Illinois, you may be wondering if there's a way to clear your record and start fresh. Fortunately, Illinois law provides two options for clearing criminal records: expungement and sealing. In this blog, we'll explore the process of expungement and sealing in Illinois, and the key differences between these two options.

Expungement in Illinois Expungement is a legal process that allows individuals to clear their criminal records entirely. When a record is expunged, it is destroyed, and any evidence of the arrest or conviction is removed from public records, court records, and law enforcement databases.

Eligibility for Expungement Not all criminal records are eligible for expungement in Illinois. Generally, only records that resulted in an arrest but no conviction, or records that resulted in a conviction for certain low-level offenses, are eligible for expungement.

The specific offenses that are eligible for expungement in Illinois are outlined in 20 ILCS 2630/5.2. Some examples of offenses that are eligible for expungement include:

• Certain misdemeanors, such as disorderly conduct, trespassing, or possession of cannabis

• Certain drug offenses, such as possession of a controlled substance

• Certain juvenile offenses

The expungement process in Illinois can be complex, and it's important to work with an experienced criminal defense attorney who can help guide you through the process. Generally, the expungement process involves filing a petition with the court that handled the original case, along with any supporting documentation.

Once the petition is filed, the court will schedule a hearing to consider the petition and any evidence presented by the parties. If the court grants the petition, the record will be expunged, and any evidence of the arrest or conviction will be destroyed.

Sealing in Illinois Sealing is a legal process that allows individuals to restrict access to their criminal records, rather than completely removing them. When a record is sealed, it is still retained by law enforcement and the courts, but access to the record is restricted, and it is not visible to the public or most employers.

Eligibility for Sealing Not all criminal records are eligible for sealing in Illinois. Generally, only records that resulted in a conviction for certain low-level offenses, or records that resulted in a dismissal or acquittal, are eligible for sealing.

The specific offenses that are eligible for sealing in Illinois are outlined in 20 ILCS 2630/5.2. Some examples of offenses that are eligible for sealing include:

• Certain misdemeanors, such as retail theft or possession of a controlled substance

• Certain felony offenses, such as theft or drug possession

• Certain juvenile offenses

The sealing process in Illinois is similar to the expungement process, and it's important to work with an experienced criminal defense attorney who can help guide you through the process. Generally, the sealing process involves filing a petition with the court that handled the original case, along with any supporting documentation.

Once the petition is filed, the court will schedule a hearing to consider the petition and any evidence presented by the parties. If the court grants the petition, the record will be sealed, and access to the record will be restricted.

Key Differences Between Expungement and Sealing There are several key differences between expungement and sealing in Illinois, including:

1.    The Effect on the Record: With expungement, the record is completely destroyed, and any evidence of the arrest or conviction is removed from public records, court records, and law enforcement databases. With sealing, the record is retained, but access to the record is restricted, and it is not visible to the public or most employers.

2.    Eligibility: The offenses that are eligible for expungement and sealing in Illinois are different, with some offenses only eligible for expungement, and others only eligible for sealing. It's important to understand the eligibility requirements for each option before pursuing either process.

3.    Disclosure: With expungement, individuals are generally not required to disclose the expunged record to most employers, educational institutions, or other entities. With sealing, individuals may be required to disclose the sealed record in certain circumstances, such as when applying for certain professional licenses or government positions.

4.    Availability: Expungement is generally only available for a narrow range of offenses, while sealing is available for a broader range of offenses, including some felonies. However, the process for sealing a record is more complex than the process for expungement, and not all petitions for sealing are granted.

In conclusion, if you have a criminal record in Illinois, you may be eligible for expungement or sealing, depending on the specific offense and circumstances. Working with an experienced criminal defense attorney can help ensure that your rights are protected and increase your chances of success in pursuing expungement or sealing. Expungement and sealing can both offer a fresh start and a new lease on life, free from the burden of a criminal record.