Richards 53 W. Toll Free Home Articles Using expungement and sealing to clear your criminal record in Illinois. View Our Practice Areas Using expungement and sealing to clear your criminal record in Illinois Having a criminal record can significantly affect your life, as it can make it significantly harder to be hired, obtain housing or obtain a loan.
Expungement in Illinois Under Illinois law, if criminal record is expunged, the record of it is destroyed by law enforcement. Although the expungement law does not typically consider supervision as a conviction, expungement is not available if you received supervision for the following offenses: Dog fighting Driving under the influence of alcohol or drugs Criminal sexual abuse of someone under 18 Once you have completed supervision or probation, there is a waiting period of years before you may seek expungement.
Record sealing If you have been convicted of a crime, or do not qualify for expungement, it may be possible to have your criminal record sealed. However, record sealing is not available to those convicted of the following misdemeanors: Driving under the influence Certain sex crimes Assault, battery or aggravated assault Violations of the Humane Care for Animals Act Reckless conduct Speak to an attorney Record sealing and expungement allows those with otherwise clean criminal records to escape the negative consequences an arrest or conviction can bring.
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Email us for response Contact Us Bold labels are required. Contact Information Name. I have read the disclaimer. To get answers to your legal questions, call our firm at or send us an email. Review Us. Illinois governor Bruce Rauner released his eleventh batch of clemency decisions ahead of Labor Day weekend.
Included were eight clemency petitions granted and denied. All eight clemency actions came in the form of a pardon with authorization to expunge the criminal record. The pardoned convictions included burglary, domestic battery, deceptive practice, criminal damage to property, attempted armed robbery, and aggravated battery. According to the Governor's Office, there are fewer than petitions remaining from the backlog that had built up under prior administrations. As always, a warm congratulations goes out to all those receiving their pardons!
President Barack Obama recently issued an executive order requiring federal agencies to "delay inquiries into criminal history until later in the hiring process. Many employers use this question as one of the initial filters to sift through applications. As a result, many talented applicants are dropped because of a blemish on their criminal record, no matter how old. By banning the box, those individuals would at least have the chance to get their foot in the door.
Background checks would still be performed on the candidates, but not until after they have already made an impression on those hiring. In Rex Huppke's column in the Chicago Tribune , he does a great job laying out why banning the box is good, but more is needed. By taking more pro-active steps to help rehabilitated people get employment, we can reduce recidivism and get talented people into positions which need them.
Society is helped twice over. Illinois lawmakers have recognized this fact, and have begun implementing some steps.
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President Obama's executive order will hopefully serve to extend this understanding to the national stage. Just as the Governor has the power to grant executive clemency for individuals convicted at the state level, the President can offer clemency to those convicted at the federal level. Today, President Obama exercised that power by commuting the sentences of 46 federal prisoners.
The individuals receiving the commutations were non-violent drug offenders sentenced under the old and absurdly harsh drug laws. According to video released by the President, nearly all of those receiving clemency would have completed their sentences already, had they been convicted under today's laws. Last year, President Obama announced an initiative to offer clemency to the non-violent drug offenders convicted under the old laws.
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With today's batch, Obama has now commuted the sentences for 89 prisoners, the vast majority of whom applied under that initiative. Commutation of sentence is a form of executive clemency which reduces or terminates a sentence that an individual is currently serving. This differs from a pardon, which is granted after the sentence is completed and serves as forgiveness from the state or country.
He also authorized 21 people who had previously received pardons to seek expungement of their convictions, and granted seven sentence commutations. Governor Blagojevich granted only 65 pardons during his six years in office, most of them during his first two years, and left more than PRB recommendations unacted upon when he left office. Since April , the PRB has sent forward more than additional recommendations. About one third of all applications are filed by misdemeanants.
Source: Illinois Prisoner Review Board. Springfield, IL Phone: Fax: ktupy prb.
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A prior conviction of any sort makes a person ineligible for expungement. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual.
Ineligible offenses include DUI, sex crimes, animal care crimes, and domestic battery. However, any felony offense committed after the date of the sealing may not be sealed. In addition, the court may, upon conviction for a subsequent felony offense, order the unsealing of prior felony conviction records previously ordered sealed by the court. The same procedure applies to expungement and sealing. There is no waiting period for cases involving dismissal without charge or acquittal, and a waiting period of two or five years in cases involving a deferred disposition.
Procedure includes notice to DA, and a hearing upon objection filed. Restitution to victims is not included, unless it has been converted to a civil judgment.shadifactory.com/components
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Effective January , sealing of records of arrests and charges resulting in acquittal or dismissal may be sought by petition at the dispositional hearing. This authority is distinct from the non-conviction expungement authority discussed above and is not subject to the same limitations on eligibility or the procedures that apply either to expungement or to the general sealing authority.
Only minor traffic offenses are ineligible unless the petitioner was arrested and released without charges. If the police are unable to determine disposition, they must expunge the arrest.
Rap Sheet Day helps Chicagoans clear past offenses from their criminal records
When the governor has granted a pardon authorizing expungement, the PRB files with the court asking for expungement. The court is responsible for notifying the individual at his or her last known address. For more serious marijuana offenses, individuals may file with the court, and expungement may be granted after a hearing where the court applies a balancing test. Civil legal aid organizations may file petitions including more than one name. This includes hospitals, schools, and other agencies dealing with vulnerable populations, and many other licensing entities.
Since expungement results in destruction of the record, provisions limiting their use seem redundant. Effective January 1, , a new provision Ill. Both the individual and the prosecutor must agree. Under Ill. Upon successful completion of probation, the person is discharged and the proceedings dismissed. People v. Goetz , N. Most other adjudications are automatically expunged 2 years after closure of the case so long as no criminal charges or delinquency petitions are pending. Records for particularly serious offenses are not expunged automatically, but expungement may be sought by petition after 2 years for offenses except first degree murder and those resulting in sex offender registration.
Courts must provide information on the right to have records expunged at the time of sentencing or dismissal. Law enforcement may also retain records, but only for use in pending felony investigations, and only for up to one year. The report shall be updated as appropriate to notify the principal of developments and the disposition of the matter. The purpose of the CRD is to facilitate licensing in 27 specified areas. Persons with out-of-state or federal convictions are eligible for relief from licensing restrictions through a CRD, but are not eligible for a CGC.
For CRDs, see Ill. The court may issue order at time of sentence, or at any time thereafter. The court may also request investigation by probation or court services, and may hold a hearing. The Department of Professional Regulation is required to report to the General Assembly each year the number of people with criminal records who applied for licenses, both with certificate of relief from disabilities and without, and the numbers of licenses granted and rejected.
In lifting occupational bars, the law gives felony offenders access to licenses in fields which current legislation presumes denial of licensure, including those related to animal welfare, athletic training, cosmetology, boxing, interior design, land surveying, marriage and family therapy, professional counseling, real estate, and roofing.
The certificate may be limited to one or more disabilities or bars or may relieve the individual of all disabilities and bars. See infra. A CGC does not prevent any court or administrative body from considering the conviction, does not preclude use of the conviction for impeachment, and does not expunge or seal the record. This bill also provided that a CGC does not preclude a landlord or licensing board from denying an application for housing or licensure.
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- Illinois Expungement Explained: How to Expunge Your Criminal Record in Illinois;
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