What is Record Expungement?
There is no definition of “expungement” in the Illinois Compiled Statutes. However, a working definition is that when a record gets “expunged,” it is as if the crime never occurred. Each law enforcement agency expunges, or destroys, their records.
Why have my Record Expunged?
The records of arrest generated by the criminal justice system have far reaching consequences. An arrest can come back to haunt you during a search for employment, background check, search of criminal record or criminal history, applying for school, or when applying for certain government benefits.
In most situations, a person is eligible for expungement of his or her arrest record after an acquittal, a dismissal of the case, or after completing a period of Court Supervision. Expungement assists an individual in avoiding any unforeseen consequences that arrest & criminal records might create in the future.
If an individual already has a prior criminal conviction, he or she will generally not be eligible for expungement per statute.
What is Record Sealing?
There is no definition of “sealed” in the Illinois Compiled Statutes. However, a good working definition is that when a record gets “sealed” your file remains intact but under seal. The records can be labeled as “sealed.” Most of the general public will not have access to the record. However, law enforcement will still have access to your records. Some criminal records of adults and minors prosecuted as adults may be sealed even though they cannot be expunged.
Why have my Record Sealed?
Having a criminal record sealed allows a person who has not continued to violate the law a way to avoid some of the stigma of having a criminal record.
What offenses can be Expunged or Sealed?
If you were sentenced to supervision or probation, or were convicted of the following misdemeanors (and felonies, where indicated) you might be eligible to have your criminal record either expunged or sealed. Not everything that qualifies to be expunged also qualifies to be expunged also qualifies to be sealed. The following are a list of some offenses that may qualify for expungement or sealing of records depending on the unique circumstances of the individual. By including this list, the attorneys at Miller & Pugh Law Offices are not making any representation or guarantee that a person is eligible for expungement or sealing based solely on the fact that the individual has been sentenced to supervision or probation for one of the offenses listed below. This list is not meant to be exhaustive or to constitute legal advice. Other factors such as the length of time since the offense, prior convictions, and any subsequent cases have a substantial impact on whether an individual is eligible for expungement or sealing of their criminal or arrest record. The eligibility for expungement or sealing cannot adequately be determined without a thorough consultation with an attorney.
If you believe you are eligible for expungement or sealing of your records
DON’T WAIT ANY LONGER! CALL THE ATTORNEYS AT MILLER & PUGH LAW OFFICES TODAY! CALL US AT 309-265-0816 TOLL FREE AT 888-334-0119
The following is a list of offenses that may qualify for expungement or sealing. This list is not exhaustive and only references the most common offenses eligible for expungement or sealing.
- Visitation Interference: 720 ILCS 5/10-1 et seq.
- Prostitution: 720 ILCS 5/11 et seq.
- Theft: 720 ILCS 5/16-1 et seq.
- Retail Theft (1st offense, <$150): 720 ILCS 5/16A1 et seq.
- Damage & Trespass to Property: 720 ILCS 5/21-1 et seq.
- Disorderly Conduct: 720 ILCS 5/26-1 et seq.
- Bribery: 720 ILCS 5/29-1 et seq.
- Resisting a Peace Officer: 720 ILCS 5/31-1 et seq.
- Harassing & Obscene Communications: 720 ILCS 135/1 et seq.
- Cannabis Control Act Violations: 720 ILCS 550/1 et seq.
- Possession of Drug Paraphernalia: 720 ILCS 600/1 et seq.