People make mistakes every day — it is human nature. Legal mistakes, however, can follow you for the rest of your life and affect the way you interact with the world. Depending on the nature of the crime that was committed and the age of the offender, some people with a criminal record may be eligible to expunge or seal their criminal records. This process removes or conceals any wrongdoings, but there are some cases where an old record can still be reached.

How Do I Conceal or Expunge My Record?

Many people who have committed a crime wish to remove the crime off of their record in an effort to distance themselves from a past mistake. If you are looking to remove a record, it is important to understand the difference between expunging a record and sealing a record. When a record is expunged, it is destroyed and your name is removed from public records and official files. If a record is sealed, it still exists, but it is not available to the general public. To determine if a criminal record can be sealed or expunged, a few factors have to be taken into consideration. 

• The nature of the crime — An important factor that is considered when determining if a crime is eligible to be expunged is the crime’s classification. You can expunge your arrest record, court provisions, and sometimes probation orders. However, if you were convicted of a crime and sentenced, you may be eligible to seal the crime, but not expunge your record.  

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Having any criminal record at all can have a serious impact on your life. Even if your conviction was relatively minor and happened a long time ago, you may feel as if it is still following you. Every time you apply for a job, or a lease, or a school, you may have to answer uncomfortable questions or face outright rejection. You served your sentence and have stayed out of trouble sense - but it probably feels like you are still being punished. Fortunately, Illinois courts may allow what is called “expungement,” meaning they essentially erase the charge from your public record. If you are interested in getting your life back through expungement, you will want to speak to an experienced attorney who can help determine if you are eligible. 

Is My Conviction Eligible for Expungement?

Not every conviction can be expunged. The goal of expungement is to allow non-dangerous offenders who made a one-time mistake a second chance at a clean slate. Because courts must balance the goals of protecting the public by keeping records of individuals who may be dangerous open and helping minor offenders avoid lifelong punishment, only certain types of charges can be dismissed. Expungement may be an option in the following cases: 

• Misdemeanor - If you were found guilty of a misdemeanor and given probation or another type of court-supervised release, you are probably eligible for expungement. Domestic violence and order of protection violations, DUI, and any sex offense are exceptions and cannot be expunged. 

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Going through the criminal process can be a life-changing experience. Not only do you face penalties for whatever conviction you received, but you also face lasting effects when you begin to reintroduce yourself into society. Many people who have been convicted of a crime have difficulty finding employment or even a place to live. Fortunately, Illinois allows certain offenses to be sealed or expunged from a person’s record under certain circumstances, preventing the general public from viewing these documents. There are differences to the expungement and sealing process, so you should be aware of those before you decide which process to proceed with.

Record Expungement

For your criminal record to be eligible for expungement, there are certain requirements that it must meet. In Illinois, arrests for any felony or misdemeanor charge can be expunged if those arrests did not lead to a conviction. If you were convicted of a felony or misdemeanor, that record can only be expunged if your conviction was reversed or vacated, or you were pardoned by the governor of the state. You may also be able to have sentences of court supervision expunged from your record, as long as it has been at least two years since the completion of the sentence. If the sentence of court supervision was imposed for domestic battery, criminal sexual abuse, operating an uninsured vehicle, operating a vehicle with a revoked registration, or displaying a false insurance card, it must be at least five years after the sentence is completed to expunge the record.

Sealing Your Record

If your record is not eligible for expungement, it may be eligible to be sealed, which can still help. Arrests for misdemeanor and felony convictions can be sealed at any time. Most convictions for most felonies and misdemeanor crimes are eligible to be sealed if at least three years have passed since the sentence was completed. It is important to note that not all convictions can be sealed. For example, you cannot seal a conviction for DUI, reckless driving, domestic battery, violating an order of protection, or any sexual offense.

Beginning in early 2020, the state of Illinois legalized the sale, purchase, and use of recreational marijuana, effectively decriminalizing the substance in most situations. The Cannabis Regulation and Tax Act (CRTA) made it legal for most adults over the age of 21 to consume, sell, or purchase cannabis. The Act also contained important legislation detailing the process and timeframe for expungement, sealing, or pardoning of eligible marijuana-related criminal records. Now more than one year later, nearly 500,000 non-felony marijuana-related arrest records have been expunged. Expungement of your prior cannabis-related arrest records can have a very positive effect on your life. 

Expungements and Pardons

In Illinois, there is usually a pretty strict process with fairly tough requirements when it comes to getting a criminal record expunged or pardoned by the governor. However, with the passing of the CRTA, hundreds of thousands of criminal records became eligible for expungement or pardoning across the state.

Each and every time you come into contact with the criminal justice system, that interaction is noted and saved on your criminal record. This is true even if you are not convicted of the crime. If your criminal offense did not result in a conviction, your record will still exist and will still be following you around; however, you may be able to have your records expunged or erased. There are many situations and possibilities in which a case may end without a conviction, such as cases in which you were only arrested but were never charged or charges were eventually dropped. If you have a criminal record that you would like to conceal, you should speak with an Illinois criminal record expungement lawyer.

Does My Offense Qualify?

Not all criminal records are able to be expunged in Illinois. One of the first steps you need to take is to determine if your specific offense and sentence qualify to be expunged. Entries on your criminal record that will typically qualify for expungement include: