Do Arrests Create a Criminal Record?

If the police arrest you, do you have a criminal record? And if you do, will anyone ever see it? What can you do about it? Here’s what you need to know about arrests creating a criminal record.

Do Arrests Create a Criminal Record?

When the police arrest you, you get a criminal record. For many people, the arrest is the end of it – but for others, it’s just the beginning.

An arrest creates a criminal record. What happens after the arrest determines whether your criminal record gets longer. 

  • If you’re released without being charged, the arrest still remains on your record. However, you’re eligible to immediately ask the court to expunge or seal the arrest so nobody can ever see it.
  • If you’re charged with a crime, the charges will also appear on your criminal record. Unless the charges are dropped, you’ll go to court. If the charges are dropped, they will still appear on your criminal record, but you are eligible to immediately ask the court to expunge or seal your record.
  • If you go to court and you’re found not guilty of the crime, the arrest, charges and verdict will appear on your criminal record. You’re eligible to immediately ask the court to expunge or seal your record.
  • If you go to court and you’re found guilty of the crime, the arrest, charges and guilty verdict will appear on your criminal record. Depending on the crime and the punishment for it, you may be eligible to ask the court to expunge or seal your record after your sentence is complete. 

Note: Most convictions are not eligible for expungement. There are some exceptions, such as juvenile crimes and some crimes committed by honorably discharged veterans of the United States armed forces, but generally, you can only seal convictions. 

Related: Sealing a reckless driving conviction in Illinois

Do You Need to Talk to a Lawyer About Expunging or Sealing Your Criminal Record?

If you need to speak with an attorney about clearing your criminal record, we may be able to help you. Call us at 847-920-4540 now or fill out the form below for a free consultation.

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