DGAA bLAWg

Clearing a Criminal Record in Illinois

Web Admin - Tuesday, March 10, 2015

criminal records in Illinois, Arlington Heights criminal defense attorneyPeople who think about the consequences of being caught committing a crime often focus on the penalties that the government imposes after convicting someone, things like prison sentences or fines. Yet, another major consequence is the criminal record that can follow a person through life. Records of arrests, supervisions, or convictions can make it difficult to get a job, a business license, or even an apartment. Fortunately, Illinois law provides a variety of ways for people to clear their criminal records, including expungement, sealing, and other options. However, each of these methods have different effects and different people qualify for them.

Expungements

The most effective method of clearing a person's criminal record is by expunging it. However, it is also the hardest process for which a person can qualify. A person's criminal record is stored in multiple places, such as in the courthouse and at the arresting authority. An expungement instructs these places to physically destroy the copies of the person's criminal record, and to forward clean records to the FBI. This will prevent any background checks from showing the offenses. There are however some limited exceptions to this destruction. For instance, if a person receives supervision for criminal sexual assault, then law enforcement agencies can still access that record for five years after the expungement.

In order to qualify for an expungement, a person must meet several criteria. First, the person can never have been convicted of a criminal offense, the violation of a municipal ordinance, or a serious traffic offense. This means that expungements can only be used to clear things like arrests and supervisions from a record, not convictions. Additionally, depending on the way the case ends, the petitioner may need to wait before filing an expungement. For example, if a person's case is “stricken off with leave to reinstate,” meaning that the prosecution dropped the case but has the option to bring it again, then they must wait three to four months before filing.

Sealing

Sealing a criminal record is a less drastic option for cleaning someone's history. Sealing is different from expungement in that law enforcement agencies can still see the criminal record. However, sealing still hides the record from most employers. Sealing is also easier to qualify for.

Unlike expungement, people can have their records sealed if they were convicted of a crime. However, not all convictions qualify for sealing. A person may only have their record sealed if they were convicted of a misdemeanor. Additionally, there is a waiting period of four years after the conviction before the record may be sealed.

People who do not qualify for sealing may also have other options, such as executive clemency or Certificates of Good Conduct. If you have questions about any of these options, contact an experienced Illinois criminal defense attorney today. Our office serves clients in many different northwest suburbs, such as Rolling Meadows, Arlington Heights, and Barrington. Call Drost, Gilbert, Andrew & Apicella, LLC, at 847-934-6000 today.

About the Author: Founding partner of Drost, Gilbert, Andrew & Apicella, LLC, Colin Gilbert, received his J.D. from Chicago-Kent College of law in 2005. Colin argues cases across many practice areas including criminal defense, collections, civil litigation, real estate law, and corporate law. Colin is an active member of the Board of Governors of the Northwest Suburban Bar Association and the Illinois Creditors Bar Association. He is currently Vice President of the Arlington Heights Chamber of Commerce, and is a Commissioner for the Village of Arlington Heights. Colin has a 10.0 Attorney rating on Avvo, and was named one of the 2014 “Top 40 Under 40” Trial Lawyers in Illinois by the National Trial Lawyers Association.


Recent Posts


Tags

Des Plaines Traffic Lawyer Palatine traffic lawyer guardianship attorney Inverness civil lawyer Illinois traffic ticket lawyer traffic accidents Chicago trucking accident attorney privacy laws probate claims process Illinois speeding lawyer Affordable Care Act Schaumburg probate attorney Crystal Lake pedestrian accident lawyer employee discrimination Palatine personal injury lawyer insurance denial appeals construction accidents, personal injury, wrongful death, Arlington Heights personal injury attorneys, workers' compensation Illinois personal injury Illinois car accident attorney Illinois employment law attorney digital information child safety texting while driving estate attorney Illinois business law atorneys South Barrington real estate lawyer Arlington Heights estate planning attorney employment law, Illinois employment laws Crystal Lake medical malpractice attorneys TBI Des Plaines insurance attorney wrongful termination insurance denials Illinois personal injury attorney Inverness insurance attorney unpaid assessment Rolling Meadows car accident lawyers Chicago estate planning lawyer Schaumburg corporate attorney home inspection lawyer traffic offenses Illinois insurance attorney Des Plaines drug lawyer Illinois employment law firm Crystal Lake employment lawyer Schaumburg injury lawyer traumatic brain injury Schaumburg Attorney Arlington Heights personal injury lawyer BAC Inverness elder law lawyer minimum wage hiring employees employees auto accidents rollover car crashes Inverness traffic law firm Buffalo Grove traffic attorney workplace sexual harassment Whistleblower Claims work unions cell phone tower data Schaumburg employment law attorneys estate plan Barrington drug crime attorney Fourth of July ObamaCare breach of contract Rolling Meadows traffic law firm Illinois insurance dispute lawyers Crystal Lake medical malpractice lawyer Illinois bicycle safety Schaumburg wrongful death attorney Illinois insurance claim dispute lawyer murder defense mass shooting DUI license suspension Palatine civil litigation lawyer ACA Schaumburg employment attorney Illinois attorney Crystal Lake traffic attorney estate planning, death tax, succession plans, business estate plans, Barrington estate planning lawyers Chicago lawyer Palatine employment law lawyer Palatine Attorney medical malpractice claims Self-Directed IRA Accounts Illinois construction accident attorney Arlington Heights wills and trusts attorney Rolling Meadows insurance lawyer real estate lawyer Illinois estate planning anesthesia errors Buffalo Grove injury lawyer golf accidents Illinois LLC creation Arlington Heights wills and trusts lawyers real estate leasing civil rights violation living trust benefits slip and fall Crystal Lake employment law attorney Deer Park personal injury lawyer Rolling Meadows probate lawyer Deer Park traffic lawyer paid sick leave Barrington boating accident attorney Barrington civil litigation attorney BAIID first degree murder employee misclassification Schaumburg drug defense lawyer deadly crashes gift taxes Illinois employment law attorneys Palatine corporate law attorneys accidental death benefits underfunded trust Chicago car accident lawyer pay when paid contract wrongful death federal crimes Crystal lake insurance dispute attorney brain injury personal injury accidents pet bites independent contractor preventable medical errors Illinois traffic laws DUI penalities Des Plaines injury law firm estate planning for college students Rolling Meadows real estate attorney Chicago traffic lawyer Schaumburg estate attorney Crystal Lake criminal defense attorney Mount Prospect wills and trusts lawyers Schaumburg personal injury lawyer insurance attorney severance agreements real estate attorney DNR Barrington personal injury lawyer homestead rights Des Plaines DUI attorney Illinois tax attorney Illinois traffic attorneys college kids boating DUI natural gas explosion Colin Gilbert Arlington Heights accident attorney medical malpractice compensation new real estate form LLCs POA Illinois estate planning attorney no contest clauses Palatine workers compensation lawyer Forcible Entry Inverness accident lawyer Des Plaines real estate attorney Illinois pedestrian accident attorney Joliet general practice lawyers Arlington Heights employment attorney rest breaks Illinois law Detainer Actions appealing an insurance claim speeding preventing accidents Barrington litigation attorney Arlington Heights lawyer Des Plaines personal injury lawyers contracts medical research caretaker rights Barrington medical malpractice lawyers Buffalo Grove medical malpractice lawyers life insurance claims marijuana swimming pools Illinois insurance claim attorney Crystal Lake medical malpractice law firm Mt Prospect Attorney DGAA compensatory time medical marijuana Deer Park medical malpractice attorney Schaumburg car accident attorney drugs Rolling Meadows employment law attorney unfunded trust Rolling Meadows accident lawyer controlled substance Schaumburg personal injury lawyers Palatine law firm Palatine estate planning lawyer car accident lawyers bicycle dooring accidents federal regulations for LLCs Des Plaines personal injury lawyer foreclosed rental property eluding a police officer Inverness injury lawyer probate fees in terrorem provision IRA benefits attorney fees denied insurance claims Inverness personal injury attorney insurance disputes, Illinois insurance disputes, Illinois insurance dispute attorneys, denied insurance claims, Arlington Heights insurance dispute attorneys medication errors Palatine injury attorney Rolling Meadows drug defense attorney Kenilworth estate planning attorneys Attorney Ken Apicella overtime pay drunk driving statistics Illinois injury lawyer Rolling Meadows insurance dispute lawyers, insurance dispute personal injury law firm Buffalo Grove traffic lawyers startup company Liquor Control Act icy parking lots estate tax Arlington Heights injury attorney Rolling Meadows litigation lawyer Crystal Lake estate planning lawyer FSLA Illinois wills and trusts attorneys Rolling Meadows criminal attorney income distribution deducation estate planning attorney Arlington Heights traffic attorney manufacturing Crystal Lake tax lawyer Rolling Meadows personal injury lawyer probate claims Crystal Lake traffic lawyer probate Schaumburg traffic lawyer holiday statistics capital gains tax Illinois Smoke Detector Act pregnant women Buffalo Grove employment lawyer Illinois real estate Des Plaines tax law firm Illinois medical malpractice claim Illinois medical malpractice case gift tax exemption, estate planning, estate planning strategies, Illinois estate planning, South Barrington estate planning attorneys digital evidence Palatine elder law attorney traffic laws employment lawyer Crystal Lake business law attorneys spinal cord injuries Illinois civil litigation lawyer investment property employment law, meal breaks, rest breaks, hotel employees, Des Plaines employment law attorneys personal injury attorney vacation home Arlington Heights wills and trusts lawyer Crystal Lake personal injury lawyer license internet insurance dispute, insurance dispute lawyers, insurance claim denial, insurance claim delays, Rolling Meadows insurance dispute attorneys Long Grove estate planning attorneys privacy Schaumburg criminal attorney special needs trust traffic violations Fair Labor Standards Act financial advisors Inverness real estate lawyer Des Plaines criminal attorney School Visitation Rights Act small business uninsured motorist employment law truck collisions Arlington Heights medical malpractice lawyer business litigation agent civil litigation right to work personal injury distracted driving accident victims landlord employment attorney Arlington Heights car accident lawyer Illinois real estate lawyer insurance claim denial Do Not Resuscitate BUI Buffalo Grove car accident lawyer criminal record Kenilworth estate planning lawyer insurance claim delay Retaliatory Discharge Schaumburg medical malpractice lawyer Chicago biking tips Crystal Lake civil litigation lawyer Barrington injury attorney South Barrington real estate attorney irrevocable trust Illinois home inspection loss of consortium suspended license Des Plaines personal injury attorney commercial real estate filing a medical malpractice claim Illinois Workers’ Compensation Commission caregiver Illinois insurance claims lawyers drug crimes lawyer Palatine traffic accidents Rolling Meadows DUI lawyer insurance adjusters Chicago estate planning drug crimes Illinois small business Long Grove estate planning attorney Buffalo Grove insurance claim dispute lawyers subcontractor Arlington Heights trucking lawyer Deer Park criminal attorney Illinois defective products attorney coronavirus DUI attorney Legal Info Barrington real estate lawyer Illinois Trust Code comparative negligence Arlington Heights pedestrian accidents Illinois boating accident lawyer Illinois trusts attorney traffic tickets texting and driving sexual images IRA trust transfer Home Sale Contingencies healthcare dynasty trusts Policy Cancellation Schaumburg estate planning lawyer construction contracts GM ignition switches digital assets, digital fiduciary, estate planning, digital content, Long Grove estate planning lawyers estate planning lawyer Illinois employment attorneys workers comp Palatine construction attorney spinal cord injury Crystal Lake injury attorney estate planning living wills personal injury claims Des Plaines accident attorney Rolling Meadows insurance attorney IRS revenge porn insurance claim dispute attorney whistleblower protections insurance claim denials wage theft probate process Illinois trucking safety license revocation Chicago insurance claim attorneys institutional trustee trucking accidents slip and fall accidents owner responsibility condo association commercial leases Crystal Lake bike accident lawyer drunk driving Arlington Heights TBI attorney Illinois living will Colin H. Gilbert product liability living trust crossover accidents traumatic brain injuries insurance claims Arlington Heights insurance attorney Illinois Buffalo Grove personal injury attorney bike accident pet law life insurance Des Plaines motorcycle accident attorney Des Plaines Illinois pet lawyer Palatine criminal defense lawyer Barrington criminal defense lawyer Des Plaines claims law firm Barrington estate planning lawyer cell phone accidents Class A misdemeanor hit and run accident Illinois traffic attorney Illinois mortgages sole proprietorship automated cars sexual harassment employment contract Illinois Transfer on Death Instrument blended families premises liability Deer Park traffic accident attorney Palatine employment attorney liens Palatine insurance lawyer real estate attorneys Illinois red light cameras cell phone Crystal Lake personal injury attorney insurance dispute Barrington employment law attorney Palatine employment lawyer social media after death pedestrian accident construction accidents wills Food and Drug Administration's Food Safety Modernization Act DUI defense Employment Discrimination Law Thanksgiving dram shop law Long Grove wills and trusts attorneys insurance agent negligence Chicago attorney personal injury, auto accident injuries, delayed injuries, serious injuries, Des Plaines personal injury attorneys life insurance lawyer Illinois Wage Payment and Collection Act Arlington Heights Traffic Lawyer elder law Deer Park DUI lawyer Inverness DUI lawyer ken apicella tax attorney Arlington Heights tax lawyer Barrington employment attorney nursing home negligence insurance claim dispute power of attorney Rolling Meadows employment law attorneys Palatine drug lawyer foreclosure corporate law field sobriety test distracted driving accidents Rolling Meadows traffic attorney Riverwoods estate planning lawyer Des Plaines civil attorney employee rights Barrington Illinois estate planning lawyer meal breaks Long Grove real estate attorney Rolling Meadows Traffic Lawyer landlord tenant law head on collisions wills and trusts Deer Park employment law attorney surgical mistakes problem employees clemency pizza emoji unpaid overtime underinsured motorist Barrington personal injury attorney criminal law Des Plaines pet law attorney liability Super Mario living trust vs will mortgage Illinois medical malpractice lawyers Des Plaines collections attorney Illinois workers compensation attorney real estate zoning Des Plaines real estate lawyer drug possession Palatine corporate attorney Inverness probate lawyer Illinois traffic accident lawyer Deer Park real estate law firm overtime violations products liability Arlington Heights criminal lawyer PTSD Illinois probate lawyer car collision motorcycle accident lawyer Palatine probate lawyer pain and suffering power of attorney for healthcare pedestrian injuries, pedestrian fatality Chicago employment lawyer car accidents Palatine business attorney Schaumburg insurance lawyers Schaumburg criminal law attorney condo Illinois wrongful termination lawyer healthcare claims driving blood alcohol content Barrington employment law firm Illinois driving without license FMLA Crystal Lake car accident lawyer wrongful termination, employment law, whistleblower protections, Illinois employment laws, discrimination in the workplace Arlington Heights personal injury attorney Barrington Traffic Lawyer Illinois insurance claim dispute lawyers bicycle accidents Rolling Meadows boating crash lawyer Arlington Heights employment law attorneys Arlington Heights wills and trusts attorneys loopholes Illinois employment lawyer pedestrian-automobile accident fatal car accidents Home Remodeling Repair Act Crystal Lake insurance lawyer Long Grove real estate lawyer liability claims Landlord Tenant Ordinance medical malpractice, missed diagnosis, delayed diagnosis, medical mistake, Deer Creek medical malpractice lawyers Rolling Meadows employment attorney llinois Real Estate Lawyers Association Barrington workers compensation attorney Federal Food Drug and Cosmetic Act Kenilworth estate planning attorney rent to own real estate contracts health insurance dispute real estate closing jet ski accidents Crystal Lake car accident attorney deed transfer trench injuries fiduciary rule delay real estate contract car crash injuries car crash Chicago will attorney, social media platforms, Illinois estate planning lawyer, Illinois workplace lawyer vacation home fines Crystal Lake pet attorney car crashes advance healthcare directive Inverness corporate attorney Illinois wills and trusts jet ski back injuries Rolling Meadows criminal defense personal injury lawyer murder comp time estate planning, digital assets, Revised Uniform Fiduciary Access to Digital Assets Act, Illinois digital assets, Illinois estate planning, Family Medical Leave Act traffic violations defense Crystal Lake accident attorney Illinois estate planning law firm Illinois elder law attorney Illinois workplace discrimination attorney Illinois employment law rumble strips Illinois insurance lawyer unauthorized overtime Illinois Probate Act of 1975 disability benefits Mount Prospect elder law attorney digital media accounts, estate planning, Arlington Heights estate planning attorney, Chicago insurance law firm elder abuse Illinois Sales Representative Act Palatine real estate lawyer senior citizens boating accidents defective products Illinois corporate lawyer Arlington Heights car crash attorneys Illinois DUI attorney probate lawyer Transfer on Death Instrument expungement Chicago corporate attorney IRELA personal injury claim Illinois Human Rights Act car accident life insurance policy Schaumburg construction accident lawyer underage DUI dog bites Exclusions Crystal Lake employment attorney Deer Park workers compensation lawyer real estate Buffalo Grove corporate attorney denial of life insurance Rolling Meadows personal injury lawyers Long Grove estate planning hands free device Illinois lawyer traffic deaths Schaumburg estate planning attorney Arlington Heights real estate lawyer Deer Park motorcycle accident lawyer traffic crimes operating agreements Illinois rollover accident lawyers dealing with problem employees Buffalo Grove personal injury lawyer trust payments Buffalo Grove law firm Barrington estate planning attorney CAM defective products lawyer Chicago employment attorney Illinois personal injury lawyer Rolling Meadows medical malpractice lawyers Buffalo Grove probate lawyer Illinois employment laws Rolling Meadows insurance dispute lawyers Illinois personal injury lawyers Barrington attorney Rolling Meadows business lawyer Des Plaines medical malpractice attorney workers compensation benefits Illinois insurance disputes Deer Park accident attorney involuntary manslaughter commercial leasing criminal Des Plaines drug crimes lawyer Illinois criminal defense attorney Illinois jet ski accident lawyer Schaumburg elder law lawyer boating under the influence Barrington business law firm Palatine civil attorney Inverness estate planning lawyer rollover accidents insurance claim Schaumburg personal injury attorney changes to mortgage law Illinois motorcycle accident lawyer insurance agents medical malpractice Mount Prospect real estate lawyer Crystal Lake will lawyer consent to a search Rolling Meadows corporate lawyer Arlington Heights Attorney insurance disputes trustee employment contract, employment law, employment at-will, Deer Park employment law attorneys, contract, fault based insurance Schaumburg real estate lawyer drug crime creditors Rolling Meadows marijuana attorney pedestrian accidents Palatine punch death Schaumburg civil litigation attorney breathalyzer test DMV Illinois workers compensation lawyer Rolling Meadows Attorney installment contracts Buffalo Grove real estate attorney denied insurance claim marijuana crimes attorney Illinois medical malpractice attorney murder charges residential real estate Illinois registered agent taxes trauma after an accident Illinois will lawyer Illinois business lawyer Crystal Lake law firm Schaumburg Illinois employee rights attorney. trusts insurance dispute attorney trucking accident lawyers bad faith insurance claims Illinois job attorney car accident lawyer license reinstatement low-ball insurance settlement Barrington criminal lawyer Rolling Meadows estate planning attorney motorcycle accident Illinois collections attorney Inverness real estate attorney Rolling Meadows criminal lawyer Palatine trusts lawyer Rolling Meadows tax attorney Chicago will attorney digital assets Jay Andrew civil litigation attorney food poisoning modern family estate planning fiduciary rule estate planning trusts insurance negligence Buffalo Grove criminal defense lawyer natural gas reckless homicide workers compensation forming a corporation in Illinois job lawyers Rolling Meadows personal injury attorney

Archive