Sealing a Criminal Record in Illinois

If you’ve been charged with and convicted of a crime in Illinois and don’t want that information to appear on a criminal background check for a job, an apartment, or an occupational license, you need to get your record sealed.

In Illinois, a criminal record of a conviction is not eligible to expunge. Expungement only applies to criminal cases where the charges against the defendant are dismissed.

While expunging and sealing are similar in that both measures remove the information from public sight, expungement goes one step further by erasing the information from both the Illinois State Police’s and FBI’s criminal record databases.   

What Criminal Records can be Sealed?

Currently, Illinois has the most generous laws for sealing a conviction record or a criminal record in the United States. Ten years ago, few crimes could be sealed. Today, the list of sealable offenses far exceeds the list of ineligible offenses.

The list of offenses that remain unsealable include: DUI, reckless driving, sex crimes mandating registration as a sex offender, domestic violence crimes, and animal cruelty crimes. If convicted of any of these crimes, petitioning for clemency is the only way to remove the information from public sight.

The Process of Sealing a Criminal or Conviction Record

Only a judge has the authority to seal a criminal record. Paperwork seeking to seal must be filed at the same courthouse where your case was heard. There is a filing fee set by each county (usually between $120 and $220). The filing fee may be waived by a judge if you are unemployed or a low-wage earner.

The right to seal a criminal record is not guaranteed. Local prosecutors can object to the petition. A judge then decides whether the record should be sealed. Even when a petition to seal is denied, the individual retains the right to refile for sealing.

Sealing a record takes anywhere from five months to a year to complete. There is no way to shorten or short circuit the process. If an attorney tells you he can get it done faster, call another attorney.

In most cases, once a criminal record is sealed you can say “No” if asked whether you’ve ever been convicted of a crime in a job or license situation.

Many of my clients described feeling as if a heavy weight lifted off them when their petition to seal was granted.

Don’t carry the weight of your criminal record on your shoulders. Seal it.            

Call us now for assist on sealing a criminal record in Illinois.