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.
Your case may qualify for expungement if:
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While everyone knows drinking under the age of 21 is illegal, that does not stop everyone. There are numerous charges minors can face if caught with alcohol and their troubles are quickly compounded if they operate a vehicle while under the influence. Also, anyone 21 or older who provides a minor with alcohol risks fines and/or jail time. If your child has been charged with an underage drinking offense, contact a skilled criminal defense attorney immediately.
If a minor age 16 or older is caught in possession of alcohol or buying or receiving it, their license can be suspended for three months for ordered court supervision, six months for a first conviction, or a year for a second conviction. For a third or subsequent offense, a minor may have their license revoked. The punishment is worse if a minor has alcohol in their car. In fact, everyone in the vehicle may be fined up to $1,000, and the driver’s license may be suspended for one year.
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With a DUI, most people immediately think of drivers who are under the influence of alcohol. While alcohol is the most commonly used intoxicant, it is not the only substance that it is illegal to be under the influence of while operating a motor vehicle. According to Illinois law, it is unlawful for any driver to be under the influence of drugs, alcohol, or a combination of both while operating a motor vehicle. With medical marijuana legal in Illinois and recreational legalization perhaps on the horizon, driving under the influence of marijuana charges are increasingly common.
In 2014, medical marijuana became legal for Illinois residents, as long as they have a valid prescription and I.D. card issued by the Illinois Department of Public Health. Cardholders are permitted to have up to 2.5 ounces of marijuana in the car with them, as long as it is kept in a secure and sealed container. Cardholders are not permitted to be under the influence of marijuana while driving, even if it is medically prescribed.
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Everyone makes mistakes at some point in their life, and for some, these mistakes can include breaking the law. When this occurs, you deserve a second chance. In Illinois, expungement and sealing are two ways you can get that opportunity. Expunging or sealing your criminal records lets you keep your past actions in the past and can prevent future employers from seeing any unfortunate mistake. There are limitations to what you can and cannot seal or expunge, however.
While they are very similar, there are a few differences between record expungement and record sealing. If you qualify to have your criminal record expunged, the expungement will erase your arrests and/or court supervisions like they never happened. If you have your criminal record sealed, your record will be hidden from most of the public. Most employers are not able to see sealed records, though sealed criminal records will still be visible to law enforcement agencies.
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When you are arrested because you are accused of a crime, it can be a frightening experience. There is the uncertainty of what will happen to you, but also a feeling that you have no control of the situation. It is important to remember you do have rights as an arrested citizen. The United States Constitution gives each and every U.S. citizen certain rights when they face criminal allegations.
In criminal trials, it is the responsibility of the plaintiff or prosecutor to prove the defendant is guilty, rather than the defendant having to prove they are innocent. It is presumed all defendants are innocent until they are proven to be guilty of the alleged crime. Guilt must also be proven beyond a reasonable doubt.
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