In Illinois, people seeking to clear their criminal history often hear two terms: expungement and sealing. While both provide relief, they work in very different ways. Unfortunately, confusion between them is common. Some assume sealing is the same as expungement, while others believe that once a case is sealed, it disappears completely. These misunderstandings can create false expectations and lead to costly mistakes in the petition process.

This guide clears up the most common misconceptions about expungement versus sealing in Illinois, explains how each works, and highlights why choosing the right path—and working with a lawyer—matters.

Misconception 1: Sealing And Expungement Are The Same Thing

Reality: Expungement and sealing are not the same.

• Expungement erases the record entirely. Courts, clerks, and law enforcement agencies must destroy or remove the arrest, charges, and outcomes from their systems. Once expunged, the record is treated as though it never existed, except in very rare circumstances.

• Sealing hides the record from the public but does not destroy it. Law enforcement agencies, prosecutors, and some licensing boards still have access.

This difference is crucial: employers or landlords won’t see sealed records in background checks, but a court or agency may.

Misconception 2: Sealed Records Are Completely Hidden

Reality: Sealed records are not invisible to everyone.

While members of the public cannot view sealed records, they remain accessible to:

• Law enforcement agencies and courts

• Prosecutors

• Certain professional licensing boards (healthcare, law, financial services, etc.)

That means sealed records may still influence professional licensing decisions, sentencing in new cases, or child custody disputes in family court.

Misconception 3: Expunged Records Can Still Be Used Against You

Reality: Once expunged, records should not be used against you in Illinois courts.

If an arrest or charge is expunged, it no longer exists legally. Judges in future cases should not see or consider it, and employers cannot lawfully hold it against you. However, digital footprints—like old news articles or mugshots—may remain online. These are not part of the official record but can still create practical challenges if not addressed.

Misconception 4: Any Conviction Can Be Expunged

Reality: Most convictions in Illinois cannot be expunged.

Expungement is typically available for:

• Arrests that never led to charges

• Cases that were dismissed, acquitted, or resulted in no conviction

• Certain supervision or probation outcomes after waiting periods

Convictions are almost never eligible for expungement. Instead, many convictions may be sealed if they meet statutory requirements. This is why understanding the distinction matters so much.

Misconception 5: Sealing Is Pointless If Expungement Isn’t Available

Reality: Sealing offers significant benefits, even if it isn’t expungement.

A sealed record is hidden from public view and cannot be accessed by most employers or landlords. For job seekers, students applying for loans, or tenants applying for housing, sealing can dramatically improve opportunities. While it doesn’t provide the “clean slate” of expungement, it still reduces stigma and removes many barriers.

Misconception 6: Both Processes Are Automatic

Reality: Neither sealing nor expungement happens automatically (except in very limited circumstances, such as some juvenile cases or cannabis-related offenses after legalization). For most people, you must file a petition with the court, notify law enforcement and prosecutors, and possibly attend a hearing. Without filing, your record remains public.

Misconception 7: A Lawyer Can Guarantee Success

Reality: No lawyer can promise a successful outcome.

Judges have final discretion, and petitions can be denied if eligibility requirements aren’t met, paperwork is incomplete, or agencies raise valid objections. What a lawyer can do is improve your chances by:

• Reviewing eligibility and choosing the correct process

• Ensuring petitions are properly filed

• Gathering documentation and evidence of rehabilitation

• Representing you in hearings and responding to objections

A strong petition prepared with legal help is far more likely to succeed than one filed without guidance, but success is never guaranteed.

Choosing The Right Path

The decision between expungement and sealing depends on the specifics of your case. If you qualify for expungement, it is usually the best option because it erases the record. If not, sealing remains an important alternative that removes records from most background checks.

In both situations, legal advice helps ensure you understand what relief is possible, how the law applies to your case, and how to present the strongest petition.

Expungement and sealing both open doors to employment, housing, and education opportunities. But knowing the difference—and clearing up common myths—can make all the difference between moving forward with confidence or running into unexpected obstacles.

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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