Navigating the complexities of criminal records can be challenging, especially when it comes to understanding the differences between expungements and sealing of records. In Illinois, both options offer ways to mitigate the impact of a criminal record, but they serve different purposes and come with distinct legal implications.
Expungement Of Criminal Records In Illinois
Expungement Of Criminal Records In Illinois
Expungement refers to the complete destruction of a criminal record, effectively making it as though the arrest or conviction never occurred. According to Illinois law, specifically under the Illinois Criminal Identification Act (20 ILCS 2630/5.2), expungement is available for certain types of records. If a record is expunged, all physical and digital records, including fingerprints, mug shots, and official court records, are erased.
Eligibility for expungement in Illinois is specific. Typically, only those who were arrested but not charged, acquitted, or had their charges dismissed qualify. Additionally, some misdemeanor and felony convictions may be eligible if they resulted in court supervision or certain types of probation, and the person has successfully completed their sentence and remained conviction-free for a specified period.
However, not all offenses are eligible for expungement. For instance, convictions for DUI, sexual offenses, and violent crimes cannot be expunged. It’s crucial to consult the detailed list provided in the Illinois statutes to determine eligibility.
Sealing Of Criminal Records In Illinois
Sealing a record, on the other hand, means that the record is hidden from most of the public but still exists. Under 20 ILCS 2630/5.2, sealed records are not accessible to most employers, landlords, or the general public, but they remain available to law enforcement and certain licensing agencies.
Sealing is an option for a broader range of offenses compared to expungement. This includes many misdemeanor and felony convictions, provided specific conditions are met. For example, individuals must typically complete their sentence and remain conviction-free for a period of time before applying for sealing.
While sealing does not erase a record completely, it provides significant relief by limiting who can view the record. This can be particularly beneficial for those seeking employment, housing, or professional licenses, as the sealed record is largely hidden from private entities, giving you hope for a fresh start.
Key Differences And Legal Implications
The primary difference between expungement and sealing lies in the extent to which the record is concealed or destroyed. Expungement completely removes the record, offering the highest level of relief. Sealing, while still beneficial, retains the record but restricts access to it.
Another crucial difference is eligibility. Expungement is available for a narrower set of cases, typically involving arrests without charges or certain supervised sentences. Sealing is available for a wider range of offenses, including many convictions that are not eligible for expungement.
Why Understanding These Differences Matters
Understanding the distinction between expungement and sealing is not just important, it’s empowering. It’s crucial for making informed decisions about your future. Both options provide pathways to mitigating the impact of a criminal record, but choosing the right path depends on your specific circumstances and the nature of your record. This knowledge puts you in control of your future.
FAQs About Expungement And Sealing In Illinois
Who is eligible for expungement in Illinois?
Generally, individuals who were arrested but not charged, acquitted, or had their charges dismissed are eligible for expungement. Some misdemeanor and felony convictions may also be eligible if they are concluded under court supervision or certain types of probation.
What types of records cannot be expunged?
Convictions for DUI, sexual offenses, and violent crimes are not eligible for expungement in Illinois.
How does sealing differ from expungement?
Sealing hides the record from most public access but does not destroy it. Expungement completely removes the record from existence.
Can a sealed record be accessed by employers?
Generally, sealed records are not accessible to most employers, but they remain available to law enforcement and certain licensing agencies.
How long do I need to wait before I can seal my record?
The waiting period varies depending on the nature of the offense and the completion of your sentence. Typically, individuals must remain conviction-free for a specific period before applying for sealing.
What is the process for applying for expungement or sealing?
The process involves filing a petition with the court, providing all necessary documentation, and possibly attending a hearing. It’s advisable to consult an attorney to navigate the process effectively.
Call Our Expungement Attorney In Chicago To Begin Your Fresh Start
If you’re looking to clear your criminal record and improve your future opportunities, understanding the difference between expungement and sealing is the first step. At Edward Johnson & Associates P.C., we are here to help you navigate this complex process. Contact our expungement attorney in Chicago at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Let’s work together to give you a fresh start and the peace of mind you deserve. If you’re unsure about your eligibility or the best course of action, don’t hesitate to reach out. We’re here to help.