Having a criminal record can prevent a person from obtaining adequate employment, limit the person’s ability to find safe and affordable housing, and disqualify him or her from certain educational opportunities. However, everyone deserves a second chance, and a person’s past should not dictate his or her future. One way that Illinois residents may be able to avoid the negative consequences of having a criminal record is through record sealing or expungement. However, not all crimes are eligible to be expunged or sealed, so it is important to understand the difference between the two options.  

Record Sealing in Illinois

If an individual has his or her criminal record “sealed,” this means that the record is largely hidden from public view. Most employers cannot see records that have been sealed, but law enforcement officials or prosecutors are still able to view sealed records. Only some criminal offenses are eligible for record sealing. These include:

Sometimes, a person can make a mistake, but it does not have to impact the rest of his or her life. In Illinois, there may be some arrests, convictions, offenses, or charges on someone's criminal record that may be eligible for expungement or sealing. By removing eligible reports from his or her police record, he or she may find it easier to obtain employment, housing, or higher education. The process of having a criminal record erased or hidden may take some time, but it can be worth it in the long run. If you have been charged or convicted of a crime, having an experienced expungement lawyer on your side is an important first step. 

Expunged Versus Sealed

The first step in cleaning up your criminal record is to understand the difference between having a recorded criminal event expunged or having it sealed. Expungement means that the crime is erased completely from your record as if it never occurred. A sealed offense is one that is still on your record, but it is hidden so no one can see it on a criminal background check. However, law enforcement and other criminal justice personnel will still have access to the details of that offense.

It is no secret that cannabis laws are changing throughout the country, with some states legalizing the sale and use of marijuana, while others continue to incriminate those found in possession of the substance. At the end of May, Illinois joined many other states by legalizing marijuana. While the drug will soon be considered legal, there will be a variety of restrictions and regulations in place. The following are frequently asked questions and answers to act as a comprehensive guide for Illinois residents.

When and Where Can I Buy Marijuana?

Consumers will be able to purchase cannabis for recreational use starting on January 1, 2020. The legal recreational sale process will begin solely through medical marijuana dispensaries in January 2020 but will expand to new stores, processors, cultivators, and transporters in mid-2020 as the state grants additional licenses. Illinois will allow up to 295 stores to operate by 2022; however, county and municipal governments will be allowed to decide whether to allow such businesses to operate in their designated area.

If you were arrested or convicted of any crimes as a minor, then you may qualify for juvenile expungement. Although not all crimes can be expunged, juvenile expungement will wipe your record clean of any crime you committed as a minor. The public will not be able to see these crimes, giving you a clean slate for adulthood. Your juvenile record may still be available to some government organizations or to employers in certain industries, such as law enforcement, education, childcare, or the healthcare industry. Most employers will not have access to the follies of your youth, enabling you to find quality employment.

How to Begin the Process

You will need to get copies of your juvenile records and ensure that all the cases are closed. Then, you and your attorney can review the documents and determine whether your records can be expunged. If so, there are forms that can be filled out and filed with the Circuit Clerk.

To expunge a Class A misdemeanor or felony, it must have been at least two years since the case ended, including the subsequent sentence and probation, if applicable. If you were found guilty of first-degree murder or a felony sex offense, those charges cannot be expunged. If you were convicted of crimes in another state, they would not qualify for expungement in Illinois.

People make mistakes, and if one or more of yours resulted in an arrest or conviction, having that stain on your criminal record can have a long-lasting effect, including a negative impact on your employability. The good news is, in some cases, you can apply for an expungement of your records. An expungement is the removal of an offense from your record. 

What Types of Cases May Be Expunged?

Your case may qualify for expungement if: