Criminal Record Expungement in Illinois

 

No one wants a criminal record following them around for the rest of their lives, but if you are charged with a crime in the state of Illinois, that’s exactly what will happen. The purpose, of course, is twofold: to punish people for committing crimes in the first place, and for society at large, to serve as a warning to other people that the person they are dealing with is a criminal.

 

Unfortunately, criminal records don’t discriminate between serious, career criminals and people who’ve just made one mistake and are trying to turn their lives around. Either way, it still appears on your record, and can greatly hurt your chances at landing the job you want, getting an apartment or credit cards, and even obtaining certain professional licenses. People will see your crime every time a background check is done on you, which could cause them to go with another candidate or outright refuse your application.

 

But there is a way to combat this in some instances. A legal process called expungement is allowed by the federal government as a way to have the record of past crimes removed from your record so that it appears as if you have never been charged. Different states have different views on this process, with some outlawing it altogether, but in Illinois, it is legal.

 

What does Illinois’ law allow to be expunged?

 

The state of Illinois has deemed that the only cases eligible for expungement from a criminal record are those that did not receive convictions – either in Illinois or in other states. The exception to this rule is driving under the influence arrests. Under Illinois law, DUI arrests are not eligible for expungement, regardless of whether there was supervision, probation, conditional discharge, or a plea of guilty. Only a pardon from the Governor can erase DUI records.

 

In contrast, it is possible to have Class 4 Felony cases expunged if they fall under specific circumstances outlined by Illinois law, but even above and beyond this, a number of cases that don’t count as eligible for expungement fall under the purview of another helpful procedure – record sealing – which will be outlined below.

 

If your crime is expunged, there are a wide variety of documents and pieces of information that can be erased or sealed away. These include but are not limited to:

 

• Mug shots
• Arrest records
• Fingerprints
• Internal computer records

 

What do you have to do in Illinois to get your crime expunged?

 

A person seeking expungement must send a petition to the county judge where there arrest occurred. Because expungement is a privilege and not a guaranteed right, the judge does not have to grant expungement for your crime, even if it falls into the category of expungeable cases. There are a number of reasons why a judge might decide not to go ahead with your expungement, such as there being a number of arrests on your record that you were never convicted for. He or she may see this as a sign that you will likely commit more crimes in the future and that the “warning” of your criminal record should stay intact. In an instance like this, a judge can decide that erasing your record isn’t in favor of the court and deny the petition. That being said, it is not a common practice for expungement petitions to be denied in Illinois. In fact, they are granted a majority of the time after petitions are filed.

 

After you receive approval for your expungement, any agencies involved have to turn over your records. This includes the city police that arrested you, the State Police of Illinolis, and even the FBI if any information was sent to them. Computer records in public accessing systems are also removed. Everything will go to the county courthouse, where the files will be sealed away so that no one in the public is able to access them.

 

What is the difference between expungement and record sealing in Illinois?

 

The main difference between the two processes in Illinois is that expungement only works for cases where there was no conviction, but record sealing can include some of those cases as well. Also, while in expungement cases the records are sealed to the public, government services, and arresting agencies except under specific circumstances, record sealing allows everyone but the general public to retain their access to the records.

 

Record sealing is broken into two different categories: partial sealing and complete sealing. As the name would indicate, partial sealing removes some criminal offenses on a person’s record from the view of the public, but allows others to remain. Complete sealing, in contrast, removes all cases from the record, including cases that have been dismissed or thrown out, and can include some charges for misdemeanors.

 

That majority of misdemeanor convictions, as well as certain Class 4 Felonies, are eligible to be sealed in the state of Illinois. Most felony convictions, however, are not eligible, and even misdemeanors that are seen as violent crimes can be removed from eligibility.