If you’re wondering whether you can expunge lawsuits from your record in Illinois, the answer is no. Civil suits are not eligible for expungement or sealing. However, you can take steps to clear your criminal record.
Can You Expunge Lawsuits From Your Record in Illinois?
Civil suits are not eligible for expungement or sealing in Illinois. Expungement and sealing are reserved for criminal records.
This guide explains the following:
- The difference between expungement and sealing
- What records you can expunge
- What records you can seal
- Exceptions for veterans
- How to start the expungement or sealing process
Here’s a closer look at each.
Related: Illinois expungement and sealing information
The Difference Between Expungement and Sealing
Expungement and sealing are two different processes used to clear criminal records. Expungement completely erases your record, which means the record is destroyed or returned to you. When a record is expunged, it is as if the incident never happened, and you can legally say it did not occur. On the other hand, sealing hides your record from most people. When a record is sealed, it is not visible to the general public or most employers. However, certain entities, such as law enforcement agencies and employers conducting fingerprint-based background checks, can still access sealed records.
What Records You Can Expunge
In Illinois, you can expunge several types of criminal records. These include arrests that did not lead to charges, charges that were dropped, findings of not guilty, and convictions that were vacated. Vacated convictions occur when a court overturns a previous guilty verdict. It is important to note that expungement is generally limited to cases that did not result in a conviction or where the conviction was later nullified. Additionally, there are special provisions for veterans. Veterans may be eligible for expungement of certain convictions if they meet specific criteria.
Related: What to wear to an expungement hearing
What Records You Can Seal
Sealing is available for a broader range of records compared to expungement. You can seal many types of convictions, including some misdemeanors and non-violent felonies. However, certain records are not eligible for sealing. Violent crimes, such as assault or robbery, typically cannot be sealed. Similarly, convictions for drunk driving or reckless driving are usually not eligible for sealing. The sealing process makes your record invisible to most background checks, but it is important to understand the limitations, especially if your record involves serious offenses.
Exceptions for Veterans
Veterans have some exceptions when it comes to expungement and sealing. Illinois law provides special considerations for veterans who have been convicted of certain crimes. These exceptions recognize the unique circumstances that veterans may face and aim to support their reintegration into civilian life. For example, veterans may be eligible to expunge certain convictions that would otherwise be ineligible. To qualify for these exceptions, veterans typically need to provide documentation of their service and may need to meet additional criteria, such as completing a treatment program.
How to Start the Expungement or Sealing Process
To start the expungement or sealing process, you should hire a lawyer who focuses on this area of law. An experienced lawyer can guide you through the necessary steps, help you gather the required documentation, and ensure you meet all legal requirements. The process generally begins with filing a petition in the appropriate court. Your lawyer will help you prepare the petition, which includes details about your criminal record and the reasons you are seeking expungement or sealing. After filing the petition, there may be a hearing where you present your case. Having a lawyer by your side can make this process smoother and ensure that you meet all legal requirements.
Related: How far back do criminal records go?
FAQ About Expungement and Sealing in Illinois
Check out these commonly asked questions about expungement and sealing in Illinois. If you don’t see your question here, please call our office and we’ll find you the answers you need.
What Is the Difference Between Expungement and Sealing?
Expungement completely removes your criminal record, destroying it or returning it to you. This process makes it as if the incident never happened, and you can legally state that it did not occur. Sealing, however, does not remove the record. Instead, sealing hides it from most people. While the general public and most employers cannot see sealed records, certain entities, like law enforcement and employers performing fingerprint-based background checks, can still access them.
Can I Expunge a Conviction for Drunk Driving?
No, in Illinois, you usually cannot expunge drunk driving convictions. DUI offenses are considered serious and remain on your record. The law does not allow for the expungement of these types of convictions due to their severity and the public safety concerns associated with them.
Can I Seal a Record If I Have a Violent Conviction?
You usually cannot seal violent convictions in Illinois. Crimes classified as violent, such as assault, robbery, and other similar offenses, are typically excluded from the sealing process. The state considers these offenses too serious to be hidden from public view, even though other types of records may be eligible for sealing.
Are There Exceptions for Veterans?
Yes, veterans have some exceptions for expungement. Illinois law provides special provisions for veterans who have been convicted of certain crimes. These exceptions are designed to help veterans reintegrate into civilian life and acknowledge the unique challenges they may face. Veterans may be eligible to expunge certain convictions that are otherwise ineligible. To take advantage of these exceptions, veterans generally need to provide proof of their service and may need to complete additional requirements, such as participating in a treatment program.
Related: How can I prevent my kids from finding my criminal record online?
How Long Does the Expungement Process Take?
The expungement process can take several months from start to finish. After you file a petition, the court will review your case, which includes checking your eligibility and ensuring all required documentation is in order. There may also be a hearing where you present your case. The timeline can vary based on the complexity of your case and the court’s schedule, so it is important to start the process as soon as possible if you are considering expungement.
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.
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