Expunging or sealing a criminal record in Illinois.
When you are arrested or charged with an offense, a criminal record is created, even if you are released without being charged or found not guilty. These criminal records can be viewed by the public, including potential employers.
You can hide some of these charges from being seen by the general public. This is called sealing. You might even be able to have these records destroyed. This is called expungement. Whether you qualify depends on a number of factors:
- What type of crime you were arrested or charged with,
- What happened in the case, and
- How long it’s been since it happened.
Expungement Illinois
Expungement remove arrests, court supervisions, and certain probations from your criminal record.
You cannot expunge convictions. A conviction is when you are found guilty and sentenced to:
- Fines for ordinance violations,
- Regular probation (other than “710,” “1410,” “TASC,” or other “qualified” probations),
- Time considered served,
- Jail or prison time,
- Conditional discharge, or
- Supervisions or qualified probations that are not successfully completed.
If your request for expungement is approved, the following happens:
- The arresting authority, State Police Department, and FBI remove your arrest record from their official files,
- The circuit clerk removes your name from the public record, and does not let anyone see it,
- Even though your record is officially clear, the Department of Corrections and law enforcement agencies will still have access to the expunged record for offenses requiring a 5-year waiting period only (710-1410 probation, TASC probation, etc., and supervision for domestic battery or criminal sexual assault), and
- Your criminal record no longer appears on background checks.
Sealing Records in Illinois
When a record is sealed, it cannot be seen by the general public.
However, employers required by law to do background checks can still see sealed felony convictions. Usually, these employers will require you to be fingerprinted. Examples of these employers are:
- A hospital,
- An organization that requires you to work with or around children, like a school or daycare,
- Fire departments,
- Police departments, or
- Other public or government jobs.
No other employer can see any cases that are sealed. Landlords also cannot see any record that has been sealed.
Law enforcement agencies, on the other hand, can still see sealed records. Law enforcement agencies include police departments, the courts, and State’s Attorneys.
Records that are expunged or sealed cannot be accessed by anyone without a court order, including you.
Records that are expunged or sealed cannot be accessed by anyone without a court order, including you.
Citizenship status
A word of caution. Anyone applying for immigration benefits must reveal any arrests, including arrests while a juvenile when questioned on an immigration application or by a USCIS officer. If you expunge or seal are record before you complete the immigration process, you may be asked to undo the expungement or sealing to get a copy of the file. Speak with an immigration attorney before filing for an expungement.