There are some criminal records you can seal immediately in Illinois – you don’t have to wait until a waiting period expires. Here’s what you need to know about which criminal records you can seal immediately.
What Criminal Records Can You Seal Immediately in Illinois?
There is no waiting period to file a petition to seal your criminal record for any arrest that never led to a conviction. You can (in many cases) actually file for immediate sealing during the same hearing. The catch: Some courts won’t allow you to seal arrests or dismissed cases if you’re currently in jail serving a sentence, or if you’re in the middle of a new case with a pending court date (even if it’s unrelated to what you want to seal now).
You can immediately seal arrests that never resulted in charges and charges that didn’t result in a conviction. Also, you can seal the following immediately:
Released without charging (RWOC)
Findings of no probable cause
Convictions that have been vacated or reversed
What About Victims of Human Trafficking?
If your offense was a direct result of human trafficking, you may be able to ask the court to seal your record immediately upon completion of your last sentence. In order to qualify for this, you must:
Be a trafficking victim as identified under the Illinois Criminal Code (720 ILCS 5/10-9)
Have a record that directly resulted from human trafficking or severe tracking under the Trafficking Victims Protection Act
Include in your sealing petition that you were a victim of human trafficking at the time of the offense, and that your participation was a direct result of human trafficking
Do You Need to Talk to a Lawyer About Sealing Your Criminal Record Immediately?
If you think you may qualify to seal your criminal record immediately, without any waiting periods, give us a call at 847-920-4540. We’ll be happy to review your case for free – and if you qualify for expungement or sealing, we can get the process started.
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