Illinois Additional arrests or Cases for Sealing are legal proceedings that allow individuals to have certain criminal arrests or criminal cases sealed from their criminal record. This process is meant to provide individuals with a second chance to gain employment or rent an apartment without being discriminated against due to their criminal history. There are three types of additional arrests or cases for sealing in Illinois: Expungeable Arrests or Cases for Sealing, Misdemeanor Arrests or Cases for Sealing, and Felony Arrests or Cases for Sealing. Expungeable arrests or cases for sealing are arrests or criminal cases that have been dismissed, or the accused was found not guilty, or the accused received a Supervision or Conditional Discharge and completed all the conditions and/or terms of the sentence. Misdemeanor arrests or cases for sealing are arrests or criminal cases in which the accused was found guilty of a misdemeanor offense and successfully completed all court-imposed conditions and/or sentences. Felony arrests or cases for sealing are arrests or criminal cases in which the accused was found guilty of a felony offense and successfully completed all court-imposed conditions and/or sentences. In order to have an arrest or criminal case sealed in Illinois, individuals must submit an application to the court in which the arrest or criminal case was adjudicated. Once the application is approved, the court will issue a Certificate of Eligibility which will allow the individual to petition the court to have the arrest or criminal case sealed. The court will then review the petition and decide whether to grant the request for sealing. For more information about Illinois Additional arrests or Cases for Sealing, individuals should consult an attorney.
Illinois Additional arrests or Cases for Sealing
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Arrest, charges or sentences that cannot be expunged (erased): Any federal conviction outside Illinois. Any sentences you have not yet completed, including parole, probation, or court supervision.
In Illinois, you can seal almost all felonies. Over the last several years, Illinois felony expungement law has expanded to include most criminal cases. When you seal your record, it gets hidden from the general public, employers, licensing agencies, and landlords. Your record will also not appear on background checks.
To file an expungement or sealing petition in person, you must go to the courthouse in the county (or district) that has your records. Hand your petition directly to the circuit court clerk and pay the filing fee.
It doesn't matter who you are or whether your crime was a misdemeanor or felony, but you can never seal: Sex offenses. Violent crimes. Domestic violence crimes (including assault, violation of an order of protection, domestic battery, aggravated battery, aggravated assault and aggravated domestic battery)
Sealed records are not destroyed by the Illinois State Police, they are available to law enforcement. Only sealed felony conviction records are available to specific employers that are authorized by law to conduct fingerprint-based background checks through the Illinois State Police.
Offenses that cannot be sealed (hidden): Reckless Driving (unless under 25 at the time of the offense and no other convictions for DUI or reckless driving) Driving Under the Influence. Domestic Battery. Violation of an Order of Protection. Violation of a Civil No-Contact Order. Violation of a Stalking No-Contact Order.
If you were convicted of a misdemeanor or felony, you can seal 3 years after the end of your last sentence. This also applies if you successfully completed special, qualified probation (like 710-1410 or TASC). Certain convictions may not be sealed until you are no longer required to register.
To have your record expunged and destroyed, you must file and prosecute a Petition to Expunge in the County where your case concluded. Illinois felony expungement law allows certain felonies to be expunged.
In Illinois, you can seal almost all felonies. Over the last several years, Illinois felony expungement law has expanded to include most criminal cases. When you seal your record, it gets hidden from the general public, employers, licensing agencies, and landlords. Your record will also not appear on background checks.