Sealing of Criminal Records

Chicago Sealing of Criminal Records Lawyer

Sealing of Criminal Records under (20 ILCS 2630/5.2)

As an experienced criminal defense attorney in Chicago, I understand the profound impact a criminal record can have on your life. From employment opportunities to housing and social relationships, a criminal record can significantly limit your future prospects. Fortunately, Illinois law provides a mechanism for individuals to seal their criminal records under 20 ILCS 2630/5.2. This statute allows eligible individuals to petition the court to seal their records, effectively making them inaccessible to the public. In this article, I will provide a detailed explanation of the statute, the penalties and consequences of a criminal conviction, the process for sealing records, relevant legal defenses, and why you need an experienced attorney to guide you through this process.

Understanding the Statute and Relevant Laws

The statute governing the sealing of criminal records in Illinois is 20 ILCS 2630/5.2. According to this statute, eligible individuals can petition the court to have their criminal records sealed, which means the records will not be available to the public, although they can still be accessed by law enforcement and certain government agencies. Sealing differs from expungement, which completely erases the record as if the arrest or conviction never occurred. Sealing makes the record invisible to most employers, landlords, and the general public but retains it for use by law enforcement and certain licensing agencies.

To qualify for record sealing under 20 ILCS 2630/5.2, you must meet specific criteria. These criteria include the nature of the offense, the time that has passed since the conviction, and your behavior since the conviction. Certain convictions, such as violent offenses, sex offenses, and DUIs, are generally not eligible for sealing. However, many misdemeanors and some felonies can be sealed if you meet the statutory requirements.

Other relevant statutes include 705 ILCS 405/5-915, which covers the expungement of juvenile records, and 730 ILCS 5/5-6-3.4, which provides additional provisions for sealing records of certain offenses after completion of a specific drug treatment program.

Actual Penalties and Consequences of a Criminal Record

A criminal conviction carries immediate legal penalties such as fines, jail time, probation, and community service. However, the long-term consequences of having a criminal record can be far more debilitating. These consequences can affect nearly every aspect of your life.

Employment is one of the most significantly impacted areas. Many employers conduct background checks as part of the hiring process, and a criminal record can be a major red flag. Even if you are otherwise qualified, a criminal conviction can make it difficult to secure employment, especially in fields that require a high level of trust or security clearance.

Housing is another area where a criminal record can pose challenges. Landlords frequently perform background checks on prospective tenants, and a criminal record can lead to denial of rental applications. This can make it difficult to find stable housing, particularly in competitive rental markets.

Educational opportunities can also be affected. Many colleges and universities ask about criminal history during the application process, and certain convictions can disqualify you from receiving financial aid. This can limit your ability 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. Additionally, certain convictions can result in restrictions on your ability to travel, own firearms, or hold certain professional licenses.

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 with your life without the burden of a visible criminal history.

FAQs about Sealing of 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 criminal records.

Call The Law Offices of David L. Freidberg For A Free Consultation

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.