If you’re like many people, you’ve heard the popular myth that your criminal record clears after seven years.
But it’s just that: A myth.
Does Your Criminal Record Clear After 7 Years?
When you have a criminal record, it lasts forever unless you take action and work through official channels to clear it. There’s no seven-year “dropoff” period in which a criminal record is erased.
So how can you clear your criminal record yourself?
Here’s what you need to know.
There’s No 7-Year Criminal Record “Dropoff” – So Here’s How to Clear Your Record
There are two ways to clean up a criminal record in the state of Illinois: Expungement and sealing. Both are similar processes with different end results.
Expungement is the process of having your record erased permanently. It’s like your record never existed in the first place.
Sealing prevents most people from accessing your record. Your criminal history won’t come up in a standard background check (although it will come up in a fingerprint-based background check, so government agencies, the police and some employers – such as those in the healthcare field – will still see it).
How Do You Know Whether to Expunge or Seal?
Only some criminal histories are eligible for expungement. Those that aren’t may be eligible for sealing.
For the most part, you cannot expunge convictions. That means if you were found guilty of a crime, you can’t expunge it from your record. You can expunge:
Arrests that didn’t result in charges
Offenses that you were found not guilty for in court
If your record doesn’t qualify for expungement, you may still qualify for criminal record sealing. Remember, your criminal record doesn’t automatically clear itself after seven years – so you will need to take action through expungement or sealing if you don’t want your past hanging over your head any longer.
You can seal arrests and charges for misdemeanors and felonies that never led to a conviction, except minor traffic offenses for which you were released without being charged. You can also seal most misdemeanors and felonies that you were convicted of – but these are the exceptions:
Driving offenses, such as driving under the influence or reckless driving (unless you were under 25 at the time of the offense and you have no other convictions for DUI or reckless driving)
Domestic battery
Violation of an order of protection
Sexual offenses, including soliciting or patronizing a prostitute, public indecency, any offense that requires you to register as a sex offender, or any other misdemeanor listed under Article 11 of the Criminal Code (except prostitution)
Animal offenses, such as dog fighting and Class A misdemeanors under the Humane Care for Animals Act
New felony convictions if you have already had felony convictions sealed
Your Criminal Record Doesn’t Disappear After 7 Years – So Do You Need to Talk to an Expungement Attorney?
Because your criminal record is permanent – it doesn’t disappear after seven years – you may want to talk to an attorney about clearing it yourself.
Call our office at 847-920-4540 for a free case review now. We can let you know whether you qualify for expungement or sealing, and then we can help you make it happen.
If you’re like many people who want to work for the United States government, you may need a security clearance – but can you get one with a criminal record? This guide explains.
Can You Get a Government Security Clearance With a Criminal Record?
The U.S. government grants security clearances based on how trustworthy it believes a person is. investigators working for the government delve into your past as an
In the state of Illinois, there are some crimes that must remain on your criminal record forever. But what about violent crimes? Can they be sealed? This guide explains.
Can Violent Crimes Be Sealed in Illinois?
Many violent crimes must remain on your criminal record forever, which means they will turn up in background checks. However, some types of forcible felonies – a term that includes some violent crimes –
If you’re like many people, you’ve heard of criminal record expungement. But what if your criminal record includes violent crimes? Can they be expunged? This guide explains.
Can Violent Crimes Be Expunged in Illinois?
Usually, violent crimes must remain on your criminal record. The law doesn’t allow them to be expunged. Some examples of violent crimes include domestic battery, crimes against animals, crimes that require you to register as a
You must be logged in to post a comment.