Starting fresh after a run-in (or a few run-ins) with the law can be challenging, especially when it comes to employment. A common concern is whether potential employers can access sealed records. Let’s dive deep into this topic and shed some light on the matter.
Can Potential Employers See Sealed Records?
This guide explains the following:
- The difference between expungement and sealing
- What sealing a record means for job seekers
- The implications of fingerprint-based background checks
- Special considerations for veterans
- How a lawyer can assist in the process
Here’s a closer look at each.
The Difference Between Expungement and Sealing
In Illinois, expungement and sealing are distinct legal processes. Expungement is like hitting the delete button on a file; it’s gone for good. The record is either destroyed or handed back to you. Sealing, however, is more like hiding that file in a secret folder. It’s still there, but most people can’t access it. While expungement generally applies to arrests, dropped charges, and certain convictions, sealing is more about hiding convictions from the public eye. But remember, not all convictions can be sealed. Violent crimes, DUIs, and some reckless driving charges typically remain visible.
What Sealing a Record Means for Job Seekers
When you seal a record, it’s hidden from most of the public. This means that most employers won’t see it when they conduct a standard background check. However, it’s essential to understand that the record isn’t entirely invisible. It’s like putting a curtain over a window; while it blocks the view for most, some can still peek behind it.
The Implications of Fingerprint-Based Background Checks
Here’s where things get a bit tricky. Even if a record is sealed, it can still be seen by those conducting fingerprint-based background checks. This type of check is more in-depth and can uncover details that standard checks might miss. So, if a potential employer uses this method, they might see your sealed record.
Special Considerations for Veterans
For those who’ve served our country, there’s some good news. Honorably discharged veterans may have more options when it comes to expunging records, even certain felony convictions. It’s a way of acknowledging their service and offering a helping hand.
How a Lawyer Can Assist in the Process
Navigating the legal maze of expungement and sealing can be overwhelming. That’s where a lawyer, armed with experience and knowledge, comes in. They can guide you through the eligibility criteria, help with the paperwork, and represent you in court if needed. They can also provide insights into any special considerations or exceptions that might apply to your case.
FAQ About Sealed Records
Check out these commonly asked questions about sealed records. If you don’t see the answers here, please call our office and we’ll get you the information you need.
What’s the Main Benefit of Sealing a Record?
Sealing a record primarily helps in job hunting, housing applications, and other areas where a background check might be conducted. It offers a chance to move forward without past mistakes overshadowing your present.
Can All Records Be Sealed?
No, not all records can be sealed. While many convictions can be hidden, violent crimes, DUIs, and some cases of reckless driving typically remain unsealed.
How Long Does the Sealing Process Take?
The duration varies based on the county and the specifics of the case. Having a lawyer can often expedite the process, ensuring all steps are correctly followed.
Do I Need a Lawyer to Seal My Record?
While it’s not mandatory, having a lawyer can simplify the process. They can guide you, handle paperwork, and represent you if any objections arise.
Do You Need to Talk to an Attorney About Expungement or Sealing?
If you’re tired of your criminal past coming back to bite you, we may be able to help. Call us right now at 847-920-4540 or fill out the form below so we can talk about your case.
Oops! We could not locate your form.
