If you have successfully expunged your criminal record, you might wonder if you need to tell your boss about it. The answer is no. In Illinois, you are not legally required to disclose an expunged record to your employer.
Do I Have to Tell My Boss I Have an Expunged Record?
In Illinois, once your record is expunged, it is as if the incident never happened. You are not legally obligated to inform your current or potential employer about an expunged record. Here’s what you need to know about how expungement affects your employment and your rights regarding disclosure.
This guide explains the following:
- Understanding expungement and its effects
- Legal protections for employees with expunged records
- How to answer job application questions about your criminal history
- The role of an attorney in the expungement process
Here’s a closer look at each.
Understanding Expungement and Its Effects
Expungement removes your criminal record from public view, effectively erasing it. Once a record is expunged, it is destroyed or returned to you, and you can legally state that the incident never occurred. Employers, landlords, and others conducting background checks will not see an expunged record. This legal process gives you a fresh start.
Related: Illinois expungement and sealing
Legal Protections for Employees With Expunged Records
Illinois law provides legal protections for individuals with expunged records. Employers are not allowed to ask about expunged records or consider them in hiring decisions. If an employer asks about your criminal history, you are not obligated to disclose expunged records. You can answer as if the expunged incident never occurred. This protection helps ensure that your expunged record does not negatively impact your employment opportunities.
How to Answer Job Application Questions About Your Criminal History
When completing job applications, you may encounter questions about your criminal history. If your record has been expunged, you can legally answer “no” to questions about past convictions or criminal charges. Expungement means that, for legal purposes, the incident did not happen. It is important to answer truthfully based on your current legal status, which does not include the expunged record.
The Role of an Attorney in the Expungement Process
An attorney can play a crucial role in the expungement process. They can help determine your eligibility for expungement, prepare and file the necessary paperwork, and represent you in court if needed. The attorney will review your case, gather all necessary documents, and ensure that all legal requirements are met. This professional guidance can help you navigate the complexities of the expungement process more effectively.
FAQ About Telling Your Boss About an Expunged Record
Check out these commonly asked questions about disclosing an expunged record to your boss. If you don’t see your question here, please call our office and we’ll find you the answers you need.
Do I Have to Tell My Boss About an Expunged Record?
No, you do not have to tell your boss about an expunged record. Illinois law treats expunged records as if they never existed, so you are not obligated to disclose them to your employer.
Related: Why you can’t expunge violent crimes
Can My Employer Ask About Expunged Records?
No, employers cannot ask about expunged records. They are prohibited from considering expunged records in hiring decisions or during employment.
How Should I Answer Job Application Questions About Criminal History?
If your record has been expunged, you can legally answer “no” to questions about past convictions or criminal charges. Expungement allows you to state that the incident did not occur.
What If My Employer Finds Out About My Expunged Record?
If your employer somehow discovers your expunged record, they cannot legally use this information against you. Illinois law protects you from discrimination based on expunged records.
Related: Clearing your child’s criminal record in Illinois
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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