In 2017, The New York Times published a story detailing accounts of sexual harassment allegations against Hollywood mogul Harvey Weinstein. The case has been closely followed for the past three years as numerous charges were brought against Weinstein for various instances of alleged rape, sexual assault, and sexual harassment. In January of 2020, the trial against Weinstein began in New York, and it came to a close in late February, with the jury delivering a guilty verdict. Those who are familiar with this case may wonder how Illinois’ laws address accusations of sex crimes.

Weinstein Convicted of Criminal Sexual Assault and Rape

After the initial accusations brought against Weinstein by actresses Ashley Judd and Rose McGowan, more women came forth to make claims that they had also suffered sexual assaults by Weinstein. While dozens of women have accused Weinstein of sexual misconduct, he faced two counts of predatory sexual assault, one count of first-degree rape, one count of third-degree rape, and one count of a criminal sexual act in the first degree. After five days of deliberation, Weinstein was convicted of third-degree rape and a criminal sexual act in the first degree. He was subsequently sentenced to 23 years in prison.

Being convicted of any criminal offense is taken seriously in the state of Illinois. Felonies are the most serious types of crimes, and they come with many stipulations that can impact your life after your conviction. Even if you are convicted of a misdemeanor crime, you will have a criminal record, and you will face a certain stigma from those around you. If you are convicted of an offense that is sexual in nature, the penalties are often even more harsh and unforgiving. If you are found guilty of a sex crime, you can expect your life to be forever changed. Here are a few consequences of a sex crime conviction in Illinois:

• You will be subject to registration requirements for at least 10 years. The state of Illinois requires those who are convicted of certain sex crimes to register as a sex offender every year for a period of 10 years. If you are deemed to be a “sexually dangerous” or “sexually violent” person, you will have to register every 90 days for the duration of your life. If you are deemed to be a “sexual predator,” you must register once a year for the duration of your life. Registration requires you to disclose your name, address, a current photo, place of employment, and all of your online identities, including usernames and email addresses.

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If you have been convicted of a crime in Illinois, your life can change in many ways. Even if your offense was a non-violent or minor act, you will still have a criminal record that will appear on background checks. This can make it difficult to secure housing or even obtain employment. Unfortunately, an arrest or a criminal charge can also create a criminal record, even if you were not convicted or charges were not pursued. Because of this, the state of Illinois has created the process of expungement to have your criminal record cleared, essentially giving you a fresh start in the eyes of the law. Another option is sealing a record, which hides it from certain people, although it still exists. Read on to learn more about the difference between these two legal actions. 

Options For Clearing Your Record

In Illinois, there are two ways you can clear your record -- expungement or sealing. The process that you go through typically depends on the type of record you are trying to clear and its eligibility. Certain offenses and dispositions are not eligible for expungement but are eligible for sealing. The process of pursuing an expungement or sealing your criminal records is nearly identical, although the outcome is different.

Driving while under the influence of drugs or alcohol (DUI) is a serious criminal offense that not only puts yourself in danger but risks the lives of others as well. This is why law enforcement puts so much effort into reducing the number of drivers who commit DUI. One of the techniques police officers have found that is effective in catching DUI offenders is by using sobriety checkpoints. Although the constitutionality of sobriety checkpoints has been debated, they have repeatedly been deemed legal and not in violation of the Fourth Amendment by the U.S. Supreme Court. If you are facing DUI charges as a result of being stopped at a sobriety checkpoint, it is crucial that you understand your rights.

How DUI Checkpoints Work

Law enforcement personnel are permitted to conduct sobriety checkpoints at any time or place of their choosing, but there are a few rules that they must follow in order for a checkpoint to be legal. If police plan to establish a checkpoint, they are required to inform the public of the time and place of the checkpoint. They are not allowed to conduct a checkpoint at a location where it would cause a traffic jam or put drivers in danger. They must also use signs or lights to signal to motorists that they are entering a DUI checkpoint. In addition, all police officers and vehicles must be clearly marked.

There are many different types of traffic tickets that a driver can receive in the state of Illinois. Some traffic citations are considered “fix it” tickets, or correctable offenses, such as a broken headlight. Other traffic offenses are more serious and can result in criminal charges, costly fines, and in some cases, jail time. Some people may think that just paying the fine for the ticket will make it go away, but every time you pay a traffic ticket, you are basically pleading guilty to that offense. Because certain consequences can come from pleading guilty to traffic citations, it could be more beneficial for you to fight your traffic ticket. If you have been cited for any type of traffic offense in Illinois, a traffic violations defense attorney can help you clear your record.

To Fight or Not to Fight?

For some traffic offenses, such as running a red light, it may just be better to pay the ticket, accept the guilty charge, and move on. For other traffic violations, such as aggravated speeding or DUI, it may be better to take the case to court. With this option, evidence can be presented, and in certain situations, law enforcement may have made a procedural error when issuing the ticket.