Sealing a Criminal Record in Illinois

 Posted on January 18,2016 in Expungement

When you are convicted of a crime in Illinois, you may not want everyone to know that you have been convicted. Unfortunately, as a general rule, most criminal records are made available for public inspection. However, certain crimes may be eligible for expungement, which means that all records about that crime can be completely removed from the court records and indexes except for a copy that is provided to you, or sealing. Sealed records are kept confidential, and only a limited set of people may access them.

In some situations where you were charged with a crime, but not convicted, a criminal record will be generated, but it may also be eligible for expungement or sealing. Expungement of a criminal record is the best possible scenario, but sometimes it is not possible to obtain an expungement because the crime is ineligible. The next best option would be to try and have the record sealed.

What Does It Mean to Seal a Criminal Record in Illinois?

Sealing a criminal record in Illinois means that the record is physically and electronically maintained, but the sealed criminal record is not made available to the public without a court order. Additionally, the petitioner’s name (the name of the person with the criminal record) is obliterated, or removed, the from any official index or public record. But law enforcement agencies, the courts, as well as a few employers and other entities as allowed by law will retain the ability to access sealed criminal records.

Obtaining a Certificate of Sealing

Only certain crimes are eligible for sealing. Most misdemeanor crimes and some felonies are eligible. It is best to discuss whether the crime you are seeking to seal is eligible for sealing with an experienced Illinois criminal defense attorney. One way to get your criminal record sealed is to obtain a Certificate of Sealing from the State of Illinois Prisoner Review Board.

Once you know that the crime is eligible for sealing, you must wait either five years from the end of the sentence for the crime or five years from your most recent arrest in order to be eligible to file a petition, i.e., an application, for obtaining a Certification of Sealing. Additional criteria may apply to your eligibility status. For instance, if your crime involved drugs, you are required to complete and provide proof of your mandatory drug program.

If your application is accepted, you will be granted a Certificate of Sealing by the Board, which can be filed with the circuit court so that you can obtain a court order to seal your criminal record. If your application is denied, then you must wait four more years before attempting to obtain a Certificate of Sealing.

Call the Law Offices of Christopher M. Cosley

Criminal records can be a burden on those who have them, and many people with criminal records are interested in having their records sealed from public view, or expunged all together. If you have a criminal record that you are interested in sealing or having expunged, contact an experienced Rolling Meadows criminal defense lawyer to discuss whether your criminal record is eligible. Our attorneys are prepared to assist you today.

Sources:

http://www.illinois.gov/prb/Pages/default.aspx

https://www.illinois.gov/prb/Documents/Certificate%20of%20Sealing%20application.pdf