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

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

Archive