Under the Criminal Identification Act in Illinois, the expungement or sealing process allows qualifying individuals to erase their criminal record. It is important to note that expungement or sealing is only available to certain individuals under certain conditions. Furthermore, this process is only available for Illinois convictions. An out-of-state or federal conviction is not eligible for expungement or sealing in Illinois.
In order to fully grasp the conditions under which a conviction may be expunged or sealed, the following sections will examine five threshold questions.
Do You Have Any Pending Criminal Charges or Cases?
If the answer to the question above is yes, then expungement or sealing is not available to you. You will have to wait until conclusion of the existing criminal charges or cases to apply for expungement or sealing.
If the answer to the question above is no, then you can proceed to the next question in the expungement and sealing process.
Are You an Honorably Discharged Veteran?
If the answer to the question above is yes, then you may be eligible for expungement or sealing. Honorably discharged veterans convicted of a Class 3 or Class 4 felony – non-violent, non-sexual and non-firearm in nature – can apply for expungement or sealing of their crimes.
If the answer to the question above is no, then you can proceed to the next question in the expungement and sealing process.
Are You on a Second Chance Probation?
If the answer to the question above is yes, then you may be eligible for expungement or sealing. A second-chance probation does not qualify as a conviction and opens the door for record expungement or sealing.
If the answer to the question above is no, then you can proceed to the next question in the expungement and sealing process.
Was Your Charge Dismissed or Similarly Disposed?
For clarification, dismissed or similarly disposed refers to a number of situations, including:
- Acquittal (not guilty verdict);
- Stricken with Leave (SOL);
- Finding of No Probable Cause (FNPC);
- Nolle Prosequi (NP);
- Completed Supervision; or
- Completed Probation.
If your circumstances correspond to any of the situations described above, then you may be eligible for expungement or sealing.
If the answer to the question above is no, then you can proceed to the next question in the expungement and sealing process.
Do You Have Certain Final Dispositions on Your Record?
For clarification, certain final dispositions may impact your ability to seek expungement or sealing, including:
- Probation;
- Conditional Discharge;
- Fine (without supervision);
- Time Served;
- Jail or Prison Time; or
- Guilty Verdict (without supervision).
If your circumstances correspond to any of the situations described above, then you are NOT eligible for expungement. But you may be eligible for record sealing.
If the answer to the question above is no, then your circumstances may require additional review to determine eligibility for expungement or sealing.
Do You Need Legal Help?
No matter what the offense, all criminal charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.
(image courtesy of Andrew Kambel)