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

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

Archive