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.
Having a criminal record hanging over your head for the rest of your life doesn’t sound that great, does it? That record can prevent you from getting a job, finding a good place to live, or even from getting credit – so for most people, the best thing to do is explore expungement and criminal record sealing. But is getting your record expunged worth it?
If you’re like many people, you’ve considered having your criminal record expunged – but what is expungement, and could it be the right choice for you? Check out this Illinois expungement FAQ to learn more, and if you don’t see the answers to your questions here, call us at 847-920-4540 for a free case review with an experienced attorney now.