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

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

Archive