Erasing your criminal record could be the only way for you to get your life back – but is it possible? In many cases, it is. Check out this guide to sealing and expungement in Evanston to learn more.
Expungement in Evanston, IL
You may be eligible to completely clear your criminal record through expungement. Expungement is the process of asking the court to erase or destroy your criminal records, and if a judge agrees to your request, you can get the fresh start you deserve. Your criminal record will disappear; it’s like nothing ever happened.
Expungement in Evanston, IL
You may be eligible to completely clear your criminal record through expungement. Expungement is the process of asking the court to erase or destroy your criminal records, and if a judge agrees to your request, you can get the fresh start you deserve. Your criminal record will disappear; it’s like nothing ever happened.
What Criminal Records Qualify for Expungement in Evanston?
Evanston falls under Illinois state law when it comes to expunging criminal records. Not all offenses can be erased from your record; only some qualify. But don’t panic if your record can’t be expunged; it may still be eligible for sealing, which we cover later on this page.
Here’s a quick list of records that are generally eligible for expungement in Evanston (and elsewhere in Illinois):
Arrests that never resulted in a conviction, whether the charge was a misdemeanor or a felony
Convictions that a court has reversed or vacated, or that the governor has pardoned
Convictions that the Prisoner Review Board has approved for expungement
Cases that resulted in a sentence of qualified probation
Cases that resulted in a sentence of supervision
A few nonviolent Class 3 and Class 4 felonies, but only if you’re an honorably discharged veteran of the U.S. Armed Forces
If you have other cases on your record that aren’t eligible for expungement, that’s okay; they may still be eligible for criminal record sealing.
Waiting Periods for Expungement
The following table outlines how long you have to wait to expunge eligible cases from your criminal record.
Charges That the Court Dismissed or Dropped
Acquittal (Finding of Not Guilty)
Sentence of Special Probation
Sentence of Supervision
No waiting period. You don’t have to wait – as soon as your case is dismissed or charges are dropped, you can ask the court to expunge your record.
No waiting period. If you’re found not guilty of a crime, you don’t have to wait – you can ask the court to expunge your record immediately.
5 years. If you were sentenced to special probation, Illinois law generally requires you to wait at least five years from the completion of your sentence to ask for expungement.
2 years. If you were sentenced to supervision, Illinois law generally requires you to wait at least two years from the completion of your sentence to ask for expungement.
How to Expunge a Criminal Record in Evanston
The state of Illinois has specific rules you must follow when you want to expunge your criminal record. The whole process may take several months, though sometimes petitions work their way through the court system faster.
Generally, all expungement petitions follow this step-by-step process.
Evanston Expungement Step 1: Discuss Your Case With an Attorney
Meet with an Evanston expungement attorney to discuss your case. Your lawyer will ask you what’s on your criminal record and how you think you can best convince the judge that you deserve a clean slate.
Evanston Expungement Step 2: Your Attorney Performs a Background Check
Unless you already have a complete copy of your entire criminal record, your attorney will conduct a background check. The information on your background check is required to fill out and file an expungement petition.
Evanston Expungement Step 3: Criminal History Review
Your lawyer will review your entire criminal history to figure out which cases are eligible for expungement. If only some of your cases are eligible, the others may still be eligible for sealing. Your attorney will let you know which records qualify. Unfortunately, some criminal records are ineligible for expungement or sealing, which means they have to stay on your criminal record forever.
Evanston Expungement Step 4: Provide Supporting Documentation
Your lawyer will ask you for supporting documentation that shows a judge why you deserve a clean slate. Some things may be required with your petition, depending on the cases you’re trying to expunge or seal, such as negative drug test results. Other types of supporting documentation that may be helpful include things like:
High school equivalency certificates
College diplomas
Proof of voluntary community service
Character letters that attest to you being a productive member of society
Evanston Expungement Step 5: Complete the Petition
Your attorney will put together a packet of documents to ask the court to clear your record. The packet will include a formal petition to ask the judge to review your situation, as well as all the supporting documentation you provide. You don’t have to do anything for this step – your attorney handles it all.
Evanston Expungement Step 6: Filing the Petition
Your lawyer will let you know that your packet is complete and file it with the court. You pay the filing fee for your petition at this stage; the money goes directly to the court system for reviewing your case.
Evanston Expungement Step 7: Review by Interested Parties
Your packet doesn’t go directly to a judge (which is why it can take several months to complete). Instead, it goes to all interested parties, such as the state’s attorney and the head of the agency that arrested you. If you have multiple arrests to expunge, your petition will make a stop at each agency that arrested you. Everyone who looks at your petition has the chance to file an objection to it or pass it along without an objection. If one party objects, you may be entitled to a hearing. Your attorney can represent you at your hearing.
Evanston Expungement Step 8: Judicial Review
The judge in your case will review your whole petition. That includes the recommendations from the state’s attorney, the police and other interested parties. The judge will then decide whether to expunge your record.
Evanston Expungement Step 9: Criminal Record Clearing
If the judge approves your petition, an order goes out to the County Clerk, the agency that arrested you, the Illinois State Police and the FBI. The order directs each of these agencies to clear your record, so each will either destroy the files or return them to you. In the case of expungement, the agencies do not keep copies of the files – you truly do get a fresh start.
Who Can See Expunged Records?
Nobody can see expunged records because they no longer exist. If your records are expunged in Evanston, it’s like nothing ever happened.
What if Your Record Doesn’t Qualify for Expungement in Evanston?
If your criminal record doesn’t qualify for expungement, you may have another option: criminal record sealing. Sealing is nearly identical to expungement; the difference is that your records still exist. However, the general public won’t see them, and they won’t come up on standard background checks (like the ones landlords and most employers conduct). That means most people will never see your records; in fact, it’s likely that nobody will ever look at them again unless you get into trouble with the law in the future.
Who Can See Sealed Records?
Because your records are still on file but are sealed from public view, only a few entities and agencies are able to see them. They won’t come up on standard background checks, but they will be available to people who conduct fingerprint-based background checks (such as the FBI, the police, the military, and some employers – like those in the healthcare and home care industries). Judges and people who work in the court system (who are working in an official capacity) can still see your records, and so can state’s attorneys, the Department of Corrections, and prosecutors will still see them, too.
What Records Can You Seal in Evanston?
The good news is that most nonviolent misdemeanor and felony convictions are eligible for criminal record sealing in Evanston. If you’re not sure whether your record qualifies, call us at 847-920-4540 to ask – we’ll be happy to give you a free case review.
Records You Can’t Seal
Some cases have to stay on your criminal record forever. You can’t expunge them or seal them, no matter how much time has gone by or how clean your record has been since the offense. The records you can never seal in Evanston (and elsewhere in Illinois) include convictions of:
Misdemeanors listed under Article 11 of the Criminal Code
Reckless driving (unless you received court supervision, were under 25 at the time of the offense, are over the age of 25 now, and have no other convictions for DUI or reckless driving on your record)
Violation of a civil no-contact order, a stalking no-contact order, or an order of protection
Are You Considering Sealing or Expunging Your Record in Evanston?
If you’re thinking about expunging your record in Evanston, or in any other city in Cook County, we may be able to help you. Call our office right now at 847-920-4540 or fill out the form below to get a completely free case review. We’ll tell you about all your options and get you moving in the right direction.
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