The Illinois Criminal Identification Act limits expungement and sealing based on qualifying factors, including:
Whether you have ever been convicted of another crime. If you have, you may be eligible for sealing, but not expungement. (Talk to your lawyer to be sure; he’ll be able to tell you how the rules of expungement and sealing apply to your case.)
What type of crime you have been convicted of committing. Most felonies cannot be expunged; there are very rare exceptions, which your lawyer can point out if you’re not sure.
How much time has passed since the conviction. In many cases, you must meet a certain period with a clean criminal record before applying for expungement. Cases that were dismissed, or in which you were acquitted, or the decision was reversed or vacated, don’t require a waiting period.
The Illinois Criminal Identification Act and You
Your attorney will need to ask you questions and see any case-related paperwork that you have. You’ll definitely need to bring your lawyer a copy of your record, which you may be able to get from the records department of the police precinct in which you were arrested.
Your lawyer will be able to go to bat for you if the state’s attorney objects to your expungement, but only if he has all of the details you can provide – so make sure you answer his questions honestly and candidly so he can help you get the best possible outcome.
Remember, only your attorney can give you case-specific legal advice. While friends and family can be good resources, it’s a good idea to listen to your lawyer when he tells you how to get your criminal record expunged under the Illinois Criminal Identification Act.
Expungement, in Illinois, is a process that can get you your life back. It can clear away your old criminal record and give you the fresh start you deserve. If your record is expunged, you don’t have to tell anyone that you were ever involved in the criminal justice system – and your past won’t come back to haunt you on background checks.
What felonies can be sealed in Illinois? If you’re like most people, you’ve wondered the same thing – and although you know you’re not eligible for expungement, you could still be eligible for criminal record sealing.
Sealing means your record is hidden from the general public. If your record is sealed, it’ll still be available to law enforcement and people working in the court system, and it’ll be available to
Domestic violence – what Illinois law technically calls domestic battery – goes on your permanent criminal record. But can you expunge a domestic violence charge in Illinois? Here’s what you need to know.
Can You Expunge a Domestic Violence Charge in Illinois?
Whether you can expunge domestic violence from your criminal record depends on whether:
You were arrested but not charged with the crime of domestic battery