Expungement FAQs

Expungement FAQs

Xpunge Your Past & Xpand Your Future

Expunge Your Past & Expand Your Future

Expungement Frequently Asked Questions2024-09-06T13:26:03-05:00

An arrest record or criminal conviction can be difficult to overcome. There is the stigma of being labeled a criminal and finding housing and employment can be difficult because most employers and landlords conduct background checks. You may also be denied entrance into university or trade schools.

The numerous benefits to expungement means that you want to ensure it is done right. XpungeChicago is here for you. Our attorneys will make sure that your past is put behind you and that you can move on with your life. Contact us today for a free consultation. Answers to commonly asked questions regarding Criminal Record Expungement, sealing, background checks, and more below.

What is an expungement or sealing?2024-09-06T13:27:24-05:00

Expungement is the legal process that erases a person’s criminal record entirely. Sealing is the legal process that hides a person’s criminal record from public access.

Which cases qualify for expungement or sealing?2024-09-06T13:27:24-05:00

Did your case result in a finding or a plea of guilty?

If YES, did it result in:

  • A Conviction (prison, jail, probation, or conditional discharge)?

    – You are not eligible for an expungement unless you were sentenced to a “Qualified Probation” – Section 10, 410 (710 or , 1410), 70 TASC Probation
    OR you were convicted (Prison, Jail, Probation or Conditional Discharge) of a misdemeanor, class 4 felony of Possession or Distribution of Cannabis.
    – If you were sentenced to a qualified probation and you completed it successfully OR if you were convicted of a misdemeanor, class 4 felony of Possession or Distribution of Cannabis.
    – If you were convicted of an offense but were NOT sentenced to a “Qualified Probation” you may be eligible to Seal your record instead.
    – You may be eligible for a Certificate of Expungement if you were convicted of a Class 3 or 4 felony and served in the United States Armed Forces.

  • Supervision
    – If you were found guilty or pled guilty and received court Supervision as your sentence, you may be eligible for an expungement depending on the type of offense.

    Contact Xpunge Chicago to begin your expungement.

If NO and your arrest or case resulted in a dismissal (SOL, Nolle Prosequi, FNPC) you are eligible for an Expungement.

Contact Xpunge Chicago to begin your expungement.

How long do I need to wait to begin the expungement and sealing process?2024-09-06T13:27:24-05:00

In Illinois, the process of expungement and sealing come with specific waiting periods which vary based on factors such as the nature of the offense and its final resolution.

  • Expungements
    – Eligibility is immediate after a Finding of Not Guilty/Acquittal, Nolle Pros, or Finding of No Probable Cause, provided there are no pending cases.
    – Cases with a disposition of Stricken with Leave (SOL) require a 160-day waiting period, while those with a Non-Suit disposition have a 120-day wait.
    – If placed on court supervision, most offenses qualify for expungement after 2 years following successful completion. However, offenses like domestic battery or criminal sexual abuse require a 5-year wait, with additional requirements such as a clean drug test for qualified probation.
  • Sealings
    – Convictions, 710-1410 Probation, and TASC Probation cases become eligible after 3 years post-sentence completion. Cases under supervision qualify after 2 years post-supervision.
    – Notably, no waiting period is necessary for sealing offenses if educational milestones like obtaining a diploma or degree were achieved during the sentence, aftercare, or supervised release period.
Do I need to hire an attorney?2024-09-06T13:27:24-05:00

Hiring an Illinois expungement attorney ensures that your case is handled with proper efficiency. While it is not mandatory for filing an expungement or sealing petition, legal representation is strongly encouraged due to the complex nature of the law in this area, which can be confusing for those without experience. Many choose legal assistance for its convenience and the assurance of a thorough process.

If objections arise despite meeting eligibility criteria, your expungement attorney will effectively argue your case in court. Preparation for a contested expungement hearing is critical. Your attorney will gather detailed information about your personal and professional background, as well as the negative impact of the arrest or conviction on your life.

Starting with an experienced attorney to manage your expungement or sealing petition is highly recommended.

Will I have to appear in court?2024-09-06T13:27:23-05:00

The simple answer? It depends.

Whether you need to go to court or not depends on where you are located. In places like (most of) Cook and Lake County, you may only have to go if there is an objection to your request.

In places like DuPage County, usually you have to attend in person. In many cases, your lawyer can attend for you, so you don’t have to appear in court yourself.

Rest assured, Xpunge Chicago will do everything in our power to make the situation as easy and convenient as possible for you.

If an objection to the petition to expunge/seal is filed, what happens then?2024-09-06T13:27:23-05:00

The Illinois State Police and/or arresting agency of the case may oppose your request if you don’t qualify for expungement or sealing under Illinois law. The State’s Attorney could also object for legal reasons (ex: not meeting Illinois law requirements) or for discretionary reasons. This means the State’s Attorney could object even if you qualify under the law.

Discretionary reasons might involve your previous arrests, the seriousness of the offense you want to clear, any violent crimes, protection orders, or if your sentence wasn’t completed satisfactorily.

Do I have to tell employers, landlord, financial institution or school about my expunged or sealed record?2024-09-06T13:27:23-05:00

Employers (except for specific government roles such as police or state attorneys) cannot legally ask if you have expunged your criminal record. Once your record is expunged or sealed, neither public nor private employers can use it against you when making hiring decisions.

When it comes to housing or education, once something has been expunged or sealed, they will no longer see or have access to any of it. It will essentially be like it was never on your record to begin with.

Do I need to submit to a drug test?2024-09-06T13:27:23-05:00

Only if you are looking to expunge a case which resulted in a sentence of qualified probation or to seal a conviction for a drug offense. In this case, your request must include a recent drug test taken within 30 days of filing.

Similarly, you’ll need a clean drug test if you’re petitioning to seal a conviction for serious drug crimes like possession, manufacturing, or intent to distribute controlled substances.

However, no drug test is required if you are seeking expungement of a dismissed drug charge.

What happens after a case is expunged or sealed?2024-09-06T13:27:23-05:00

When a judge signs an order to expunge or seal a record, the Clerk of the Circuit Court removes all related records from the system, including those accessible to the public, ensuring they do not appear on background checks. Searching the Clerk’s system will yield no results, effectively erasing any trace of the case. Physical files are kept by the Clerk and can only be accessed through a court order.

Expunged records are destroyed by the arresting agency and the Illinois State Police. However, law enforcement retains access to expunged cases that involved qualified probation.

Sealed records are maintained by the Illinois State Police and remain accessible to law enforcement. Only sealed felony conviction records are available to specific employers authorized by law to conduct fingerprint-based background checks through the Illinois State Police.

Were you charged with a misdemeanor or felony crime, went to trial, and found not guilty?2024-09-06T13:27:22-05:00

Yes, these charges are eligible for expungement.

Were the charges dismissed or dropped before going to trial?2024-09-06T13:27:22-05:00

Yes, these arrests are eligible for expungement.

Were you found guilty and placed on court supervision for a misdemeanor offense?2024-09-06T13:27:22-05:00

Most of these cases may be expunged, but only after meeting certain conditions imposed by the court.

You must have:

  • Successfully completed the term of court supervision;
  • Not have been arrested again; and
  • (2) years must have passed since your supervision was terminated.
Were you found guilty of a misdemeanor and placed on conditional discharge, sentenced to probation or jail time?2024-09-06T13:27:22-05:00

Oftentimes, these cases cannot be expunged, but you may qualify for sealing under certain conditions.

Contact Xpunge Chicago today to determine your options.

What information do you need to begin the process?2024-09-06T13:27:21-05:00

Information that you can provide that would help us expedite the process would be:

  • Date of the arrest(s)
  • Law enforcement agency that arrested you
  • Charges
  • Disposition (outcome) of each case
  • Date that your case or sentence was completed
How do you begin the expungement or sealing process?2024-09-06T13:27:22-05:00

Obtain your entire criminal background: If you have ever been arrested, you have a record. Even if an arrest did not result in a conviction, you still have an arrest record. Our office will gather information on all cases, including the arresting agency, county, date of arrest, dismissal date, sentence, and if the sentence was completed satisfactorily.

Eligibility Determination: Once we have reviewed your entire record, we will determine whether you are eligible to expunge or seal your record, or whether you must seek a Governor’s pardon. We will also prepare and file all the necessary documents with the court.  Each county and courthouse have its own procedures, including petitions, filing periods, and fees.

State’s Objection: Even if you are eligible to expunge or seal your record, the court is not required to grant the expungement or sealing. If there is an objection, you are entitled to a hearing before a judge. An Xpunge Chicago Attorney will appear at your hearing and provide a solid defense in support of your expungement or sealing.

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