In recent years, many cities and states have initiated the clearing of marijuana-related charges and convictions from the records of thousands of people. For example, San Francisco is currently in the process of clearing all misdemeanor marijuana convictions dating back to 1975 and will also wipe arrest records of all those arrested on related charges. 

Illinois may soon follow suit with a similar law that will clear low-level marijuana convictions with the permission of a judge.

You do not have to be convicted of a crime to have a criminal record - if you have been arrested or charged with a crime, you have a criminal record. Criminal records are public, meaning that anybody can see them, including friends, family, and employers. If you meet certain criteria, you can have your record expunged or sealed, meaning your slate could potentially be cleansed.

Expungement vs. Sealing

Though the processes to get your records expunged or sealed are very similar, they are not the same. Expungement is when your criminal record is either destroyed or returned to you, almost as if the events in the record never happened. The public nor police or the government can see anything on your record. Sealing is the process of hiding your record from the public but does not erase your record completely.

Having a conviction or even an arrest on your record can make it difficult to get a good job, obtain a loan or rent an apartment. However, under the right circumstances and with the right help, it is possible to have your record expunged, which allows a person to live life without having past mistakes hold them back.

Do You Qualify?   

The first thing a person should know is that the state of Illinois does not offer record expungement of all offenses or convictions. Unfortunately, there are some things that will follow you throughout life regardless of how long ago they occurred. So what are some of the details that might impact one’s ability to seek and obtain destruction of past criminal records?

In the state of Illinois, anyone with a prior criminal conviction must live in constant worry that another arrest – no matter how trivial – will go on their record. This is because it does, in fact, go on their record, even if they are released from charges. A bill, set to be voted on by the Illinois Senate, could potentially change all of that.

Arrests in Illinois Always Go on Your Criminal Record

Regardless of whether you have been previously convicted of a crime or are arrested for the first time, an arrest in the state of Illinois automatically goes on your criminal record. First-time offenders can have the arrest expunged from their record, but the process is complex, laborious, and expensive. Those who have any prior convictions (regardless of their nature) cannot have the arrest expunged.

For millions of people, the sting of a criminal conviction lasts far beyond the period of incarceration or probation. A tainted record creates a multitude of hurdles in many situations, such as finding a job, finding a place to live, pursuing certain professional occupations, voting in elections, and carrying a firearm. Fortunately, because of some updates that took effect this year, Illinois has one of the more liberal expungement laws in the country, meaning that more people can put their pasts behind them and move on with their lives.

Eligibility

The Criminal Identification Act is essentially designed to effectively rehabilitate first-time offenders. So, in most cases, persons with prior convictions are ineligible for expungement. That being said, some veterans who were convicted of some Class 3 or Class 4 felonies may be eligible.