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

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

Archive