How to Expunge a Criminal Record in Illinois
I’ve lost count how many times a new client will say to me: “I’m only interested in expunging my felony case.”
My response is always the same: “If you have a criminal record, misdemeanor or felony, arrest or conviction, you want to expunge (or seal) all your cases.”
Although the process of expunging a criminal record in Illinois is relatively simple, there are still many people who have yet to do it. Sadly, sometimes it takes losing a job or being denied an apartment before someone finally expunges their record.
Not All Criminal Records Can Be Expunged
Once someone realizes s/he should (or can) expunge their criminal record the next step is figuring out what criminal records can be expunged.
The general rule regarding who can expunge their record: If you weren’t found guilty of the crime, the case is eligible to expunge.
There are, however, some exceptions to this rule. In those instances where someone is sentenced to supervision or a special form of probation (710-1410, TASC, Second Chance, Mental Health), these cases are eligible to expunge, provided the sentence is completed successfully. If, however, the sentence is terminated unsuccessfully the individual loses the right to expunge the record.
Even when someone successfully completes their supervision, there are a handful of crimes that aren’t eligible for expungement. For example, a DUI or misdemeanor criminal sexual abuse of a minor aren’t eligible to expunge.
Can’t Expunge? Seal
For criminal cases resulting in a conviction -- someone pleads or is found guilty by a judge or jury -- and is sentenced to “time served”, a fine, conditional discharge, simple probation, jail or prison time, in most cases, the individual can petition to seal their record.
Don’t You Want to Pass a Criminal Background Check?
Whether someone is eligible to expunge or seal their criminal record, the benefits of doing either is often life changing.
The most immediate benefit to expunging or sealing a criminal record is that you will be able to “pass” an employer’s public records criminal record background check. A public records criminal background check involves reviewing criminal record information that is available to the public (e.g., courthouse records).
A public records background check is the way most private employers check someone’s background. The other way of checking is to perform a law enforcement criminal background.
A law enforcement criminal background check involves searching non-public records maintained by a law enforcement agency (Illinois State Police (ISP) or FBI) using a person’s fingerprints. Only someone authorized to conduct a law enforcement criminal background check can ask for your fingerprints.
An additional benefit to expunging or sealing a criminal record is that you can tell a prospective employer you’ve never been convicted of a crime, provided all your convictions are sealed.
I would be remiss if I didn’t mention the one notable difference between expunging and sealing a criminal record.
When a case record is expunged all information pertaining to that case is deleted from law enforcement agency records. Conversely, sealed record information is retained.
The ISP releases some sealed record information but only to those authorized to receive it. The FBI releases all sealed record information but only to those authorized to conduct a law enforcement background check.
Final Thoughts on Expungement and Sealing
Like most court-related matters, the process of expunging or sealing a criminal record does not occur overnight. Due to the language of the expungement/sealing law, the process can take between four-to-six weeks or up to a year or longer to complete.
Any attorney who tells you the process can be completed in less than four months is either misinformed or simply telling you what you want to hear.
If you haven’t gotten your criminal record expunged or sealed yet, I hope you’ll do so before the end of the year. You’ve got nothing to lose but a whole heck of a lot to gain.