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.
Clearing your criminal record through sealing gives you a fresh start – it means that most people will never be able to see your history through a regular background check. However, there are seven criminal offenses you can never seal in Illinois; they must stay on your criminal record forever unless you receive a pardon from the governor or they’re vacated or reversed.
Legal Tip of the Day: DUI and Driver’s License Suspension in Illinois
My name is Matt Fakhoury with XpungeChicago.com, and here’s your Legal Tip of the Day from XpungeChicago.
Now, today’s legal tip of the day is regarding your DUI arrest and specifically, how long your license will be suspended once you’re arrested for DUI. Now, in most instances, if you are arrested for a DUI, your license will