Sealing a criminal record in Illinois can significantly impact your life by making your past less visible to most people.
How Do You Seal a Criminal Record in Illinois?
Sealing a criminal record in Illinois involves several legal steps, and an attorney can guide you through this process. Sealing does not remove your record but hides it from most public view, making it inaccessible to the general public and most employers. Here’s how an attorney can help you with this process.
This guide explains the following:
- Determining your eligibility for sealing
- Filing a petition to seal your record
- What happens during a court hearing
- The benefits of sealing your record
- How to start the process with an attorney
Here’s a closer look at each.
Determining Your Eligibility for Sealing
Your attorney will help you determine if you are eligible to seal your criminal record. Not all convictions can be sealed. Generally, non-violent felonies and misdemeanors are eligible, while violent crimes, DUIs, and certain other offenses are not. Your attorney will review your criminal history and advise you on whether your records can be sealed under Illinois law.
Related: Expungement and sealing information for Illinois
Filing a Petition to Seal Your Record
If you are eligible, your attorney will file a petition to seal your record in the appropriate court. This petition must include detailed information about your case, including the charges, dates, and outcomes. Your attorney will ensure that all required documents are accurately prepared and submitted on time. This step is crucial because incomplete or incorrect petitions can delay the process or result in denial.
What Happens During a Court Hearing
After filing the petition, there may be a court hearing where a judge will review your case. Your attorney will represent you during this hearing, presenting arguments on why your record should be sealed. They will handle all communications with the court and other involved parties, ensuring that your case is effectively presented. Having an attorney by your side can make a significant difference in the outcome of the hearing.
Related: When can you expunge an arrest record?
The Benefits of Sealing Your Record
Sealing your criminal record can provide many benefits. It can improve your employment prospects since most employers conducting standard background checks will not see sealed records. It can also help with housing applications and other situations where a criminal record might be a barrier. Additionally, sealing your record can give you peace of mind, knowing that your past mistakes are not easily accessible to others.
How to Start the Process With an Attorney
To start the process of sealing your criminal record, you should contact an attorney who handles these cases. Your attorney will guide you through each step, from determining your eligibility to representing you in court. They will ensure that all legal requirements are met and help you understand what to expect throughout the process.
FAQ About Sealing a Criminal Record in Illinois
Check out these commonly asked questions about sealing a criminal record in Illinois. If you don’t see your question here, please call our office and we’ll find you the answers you need.
How Do I Know If I Am Eligible to Seal My Record?
Your eligibility depends on the type of offense and the outcome of your case. An attorney will review your criminal history to determine if your records can be sealed under Illinois law.
What Types of Records Can Be Sealed?
You can seal many non-violent felony and misdemeanor convictions. However, violent crimes, DUIs, and certain other offenses are typically not eligible for sealing.
What Is the Difference Between Sealing and Expunging a Record?
Sealing hides your record from most public view, while expunging completely removes it. Sealed records are not visible to the general public and most employers, but law enforcement and certain employers can still access them.
Related: Is it easier to expunge your record with a lawyer?
How Long Does the Sealing Process Take?
The sealing process can take several months. After filing a petition, the court will review your case, which may include a hearing. The timeline varies based on the complexity of your case and the court’s schedule.
Can an Attorney Help Increase My Chances of Success?
Yes, an attorney can help ensure that your petition is correctly filed and represent you in court. They’ll guide and support you throughout the process.
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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