Illinois How to Expunge or Seal Criminal Record (SCA) is a law that allows individuals in the state of Illinois to have their criminal records erased or sealed. This law applies to convictions, arrests, and criminal charges that have been dismissed, acquitted or otherwise resolved in the individual's favor. This law allows individuals to have their criminal record expunged or sealed in order to protect their privacy and improve their chances for employment, housing, and other opportunities. There are two types of Illinois How to Expunge or Seal Criminal Record (SCA): Expungement and Sealing. Expungement is the process of completely deleting a criminal record from a person’s record while Sealing is the process of limiting access to a criminal record, preventing it from being seen by most people. To qualify for either process, the individual must meet certain criteria and must file a petition with the court. The court will then review the petition and decide whether to grant the expungement or sealing. In addition, individuals must pay a filing fee and submit other documents such as fingerprints, court documents, and a certificate of eligibility. Once the expungement or sealing is approved, the individual's criminal record is erased or sealed from the public record.
Illinois How to Expunge or Seal Criminal Record (SCa)
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FAQ
year waiting period to expunge a misdemeanor record applies following a supervision sentence. There is a fiveyear waiting period to expunge a felony charge following a special probation sentence. In both cases, the waiting period runs from the date the sentence is satisfactorily terminated.
1. How much does it cost? Getting your record expunged or sealed will cost you a filing fee at the courthouse plus $60 for the Illinois State Police. Some local law enforcement agencies may also charge a processing fee.
You may be immediately statutorily eligible for an expungement if the final disposition of your case was that charges were: dropped, dismissed, acquitted (not guilty) or arrested without charging. This is true regardless of whether you were charged with a felony or a misdemeanor.
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.
The state of Illinois has up to 60 days to object to your Petition to Expunge or Petition to Seal. The speed of processing within your jurisdiction can also be a factor. Provided there are no objections and the petition is processed within a reasonable amount of time, three to four months is a solid estimate.
Expungement and sealing are two different options that remove records from public view. Expungement erases the record so that it's like it never happened. Sealing means that it is just hidden from most of the public's view, but certain agencies and employers can still see it.
You can usually expunge your record if you successfully completed the diversion program, supervision or your charge was dismissed. DO YOU NEED A LAWYER? You do not have to have a lawyer to seal or expunge your record, but you may decide to hire one to help with the process.
1. How much does it cost? Getting your record expunged or sealed will cost you a filing fee at the courthouse plus $60 for the Illinois State Police. Some local law enforcement agencies may also charge a processing fee.