With so many employers doing background checks and jobs becoming more and more difficult to get, here are some answers to a question that our Chicago Lawyers are often asked; “How do I expunge my criminal record?”.

Do You Have A Criminal Record?

If you have ever been arrested – you have a criminal record. Even if your case was dismissed or you won.

What Does The Expungement / Sealing Law Allow?

Section 5.2 of the Criminal Identification Act (20 ILCS 2630/5.2) allows qualifying arrests, supervisions and convictions to be either expunged or sealed. Only criminal records prosecuted and maintained by the State of Illinois are affected. Federal and out-of-state convictions do not fall under the Illinois law.
What Is Expungement And Sealing?

Expungement and sealing are ways to limit access to criminal records.

EXPUNGEMENT: Only those individuals who have never been convicted of a criminal offense or municipal ordinance violation are eligible to expunge records. When your record is expunged, it is destroyed.

SEALING: If you have ever been convicted of a criminal offense or a municipal ordinance violation, you cannot expunge any records, regardless of the outcome of the individual case. Your records, however, may still be eligible for sealing. Once sealed, your criminal record is kept confidential and can only be reviewed for limited law enforcement and sentencing purposes. In Illinois, sealed criminal history records are not released to employers.

What Kind Of Records Can Be Expunged?

Under current Illinois law, you can have a court expunge your record if any of the following circumstances apply to you:

1. Your record can be expunged of municipal ordinance, misdemeanor and felony charges IF:

• You were found NOT GUILTY of the charges, OR
• The State dismissed the charges against you.

2. If you were sentenced to supervision for certain misdemeanors, AND

• It has been at least five years since supervision was discharged, AND
• You have not been arrested or criminally charged since the supervision was discharged.

3. If you were sentenced to probation for certain misdemeanors, AND

• It has been five years since successful termination of probation, AND
• You have not been arrested or criminally charged since probation was discharged, and there are no charges pending against you.

4. If you were released without conviction following a sentence of supervision for certain offenses AND it has been two years since successful discharge and dismissal from supervision.

5. If you were convicted or found guilty AND EITHER

• You received a pardon from the governor that specifically authorizes an expungement*, OR
• Your conviction was set aside on direct review or collateral attack, and the court “determines by clear and convincing evidence that the defendant was factually innocent.”

What About Felony Convictions?

The only felony convictions which qualify for sealing are Class 4 Drug Possession under Section 4 of the Cannabis Control Act or Section 402 of the Controlled Substances Act, Class 4 convictions under the Methamphetamine Precursor Control Act and the Steroid Control Act, and Class 4 Prostitution convictions under 720 ILCS 5/11-14. Certain special felony probations, such as TASC probation or First Offender drug probations under Section 10 of the Cannabis Control Act, Section 410 of the Controlled Substances Act and Section 70 of the Methamphetamine Control and Community Protection Act are not considered convictions and may be eligible for expungement or sealing. For all other felony convictions, the only way to clear the record is pursuant to a Pardon from the Governor authorizing expungement of the record.

Our Chicago Lawyers have helped many people expunge criminal records.  Let us help you clear your record too.  Don’t let tomorrow’s job slip away because of a past mistake.

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