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Sealing Criminal Records in Illinois under 20 ILCS 2630/5.2
Having a criminal record can profoundly impact your life in many ways. From job opportunities to housing applications, the shadow of a past conviction can follow you everywhere. In Illinois, there is hope for those seeking a fresh start: the ability to seal criminal records under 20 ILCS 2630/5.2. As an experienced Chicago criminal defense attorney, I have guided many clients through this complex process, helping them move forward with their lives. I will now provide a comprehensive overview of what sealing entails, who is eligible, and why it’s essential to have a knowledgeable attorney by your side.
Understanding the Statute and Relevant Laws
20 ILCS 2630/5.2 is the Illinois statute that governs the sealing of criminal records. Sealing a record means that it is hidden from the public and most background checks, although it remains accessible to law enforcement and certain government agencies. This process differs from expungement, which completely erases the record.
Eligibility for sealing under this statute depends on several factors, including the type of offense, the amount of time that has passed since the conviction, and the individual’s behavior since the conviction. Generally, most misdemeanors and some felonies can be sealed, while more serious offenses such as violent crimes, sex offenses, and DUIs are typically not eligible.
In addition to 20 ILCS 2630/5.2, other relevant laws include the Juvenile Court Act (705 ILCS 405/5-915), which covers the expungement of juvenile records, and the Drug Treatment Act (730 ILCS 5/5-6-3.4), which allows for the sealing of certain offenses after successful completion of a drug treatment program.
Penalties and Consequences of a Criminal Record
A criminal conviction can lead to immediate penalties like fines, probation, and imprisonment. However, the long-term consequences of having a criminal record can be far more severe. Employment is often the most affected area. Many employers conduct background checks, and a criminal record can be a significant barrier to obtaining a job, especially in fields that require a high level of trust or security clearance.
Housing opportunities can also be limited. Landlords frequently check the criminal histories of prospective tenants, and a conviction can result in denial of housing applications. This can make it challenging to find stable housing, particularly in competitive rental markets.
Educational opportunities are another area of concern. Many colleges and universities ask about criminal history during the admissions process. Certain convictions can disqualify you from receiving financial aid, making it difficult to further your education and improve your job prospects.
A criminal record can also affect your personal relationships. The stigma associated with a criminal conviction can strain relationships with family and friends and impact your reputation in the community.
Sealing your criminal record can mitigate many of these consequences. Once a record is sealed, it is no longer accessible to most employers, landlords, and educational institutions, allowing you to move forward without the burden of a visible criminal history.
FAQs about Sealing Criminal Records in Illinois
What is the difference between sealing and expunging a criminal record? Sealing a criminal record makes it inaccessible to the public, while expunging a record completely erases it as if the arrest or conviction never occurred. Sealed records can still be accessed by law enforcement and certain government agencies, whereas expunged records are not accessible at all.
What types of convictions can be sealed in Illinois? Many misdemeanors and some felonies can be sealed in Illinois, provided the individual meets the eligibility criteria outlined in 20 ILCS 2630/5.2. However, certain convictions, such as violent offenses, sex offenses, and DUIs, are generally not eligible for sealing.
How long do I have to wait before I can petition to seal my record? The waiting period before you can petition to seal your record depends on the nature of the offense. For most eligible misdemeanors, you must wait at least three years after the completion of your sentence. For eligible felonies, the waiting period is typically five years.
Can a sealed record be reopened or unsealed? In certain circumstances, a sealed record can be reopened or unsealed. This may occur if you are subsequently charged with a new offense, if a court order mandates the unsealing, or if a licensing agency requires access to the sealed record for professional licensing purposes.
How does sealing a record affect my employment prospects? Sealing a record can significantly improve your employment prospects by making the record inaccessible to most employers. Once a record is sealed, it does not appear in standard background checks conducted by employers, allowing you to apply for jobs without the burden of a visible criminal history.
What is the process for sealing a criminal record in Illinois? The process for sealing a criminal record in Illinois involves filing a petition with the court, notifying the relevant law enforcement agencies, and attending a court hearing. During the hearing, the judge will consider your petition, any objections from law enforcement, and your behavior since the conviction before deciding whether to grant the petition.
Can I seal multiple convictions at once? Yes, you can petition to seal multiple convictions at once, provided they meet the eligibility criteria outlined in 20 ILCS 2630/5.2. The court will consider each conviction separately and determine whether to grant the petition for each one.
Do I need an attorney to petition to seal my record? While it is possible to petition to seal your record without an attorney, having legal representation can significantly increase your chances of success. An experienced attorney can help ensure that your petition is properly prepared, navigate the legal process, and advocate on your behalf during the court hearing.
Why You Need an Attorney
Sealing a criminal record is a complex legal process that requires a thorough understanding of the relevant laws and procedures. An experienced attorney can provide invaluable assistance in navigating this process and maximizing your chances of success. Here’s why you need an attorney and why you should choose The Law Offices of David L. Freidberg:
Legal Knowledge: An attorney with experience in criminal defense and record sealing can provide expert guidance and ensure that your petition is properly prepared and filed.
Protection of Rights: An attorney will ensure that your rights are protected throughout the legal process, from the initial preparation of your petition to the court hearing.
Strategic Advocacy: Developing an effective strategy for sealing your record is crucial for achieving a favorable outcome. An experienced attorney can present a compelling case on your behalf and advocate for your interests in court.
Navigating Legal Complexities: The legal process for sealing a record can be complex and involves multiple steps, including notifying law enforcement agencies and attending a court hearing. An attorney can help navigate these complexities and ensure that all requirements are met.
Increased Chances of Success: Having an experienced attorney by your side can significantly increase your chances of successfully sealing your record. An attorney can address any objections from law enforcement, provide evidence of your rehabilitation, and present a strong case for sealing your record.
Call The Law Offices of David L. Freidberg
If you are seeking to seal your criminal record in Illinois, don’t face the process alone. Contact The Law Offices of David L. Freidberg for skilled legal assistance. With decades of experience and a commitment to protecting your rights, we offer a free consultation 24/7 at (312) 560-7100 or toll-free at (800) 803-1442. We serve clients throughout Chicago, Cook County, DuPage County, Will County, and Lake County in Illinois. Let us help you navigate the legal system and take the necessary steps to secure your future.