Criminal Convictions in Illinois: Which Records Can’t Be Sealed?
Sealing or expunging a criminal record can profoundly transform your life by offering a fresh start and renewed opportunities. These legal processes can help you move beyond past mistakes and reduce the negative impact of a criminal record on various aspects of your life. You can pursue employment, housing, and other endeavors without the stigma of a criminal history hanging over you. Additionally, sealing or expunging a record can enhance your sense of self-worth and open doors to new possibilities, fostering a brighter future free from the constraints of past convictions.
In the realm of Illinois sealing and expungement, understanding the limitations is crucial. While the possibility of a fresh start through record sealing is a beacon of hope, certain criminal records cannot be wiped away entirely. As an experienced Chicago sealing attorney, Nate Bernard is here to provide a clear and compassionate guide on what records cannot be expunged and the options available to you.
What Are Expungement and Sealing?
Expungement and sealing are both legal processes that involve limiting access to criminal records, but they have distinct differences in their outcomes and the level of visibility of the records.
Expungement involves the complete erasure or destruction of a criminal record. Once a record is expunged, it is as if the arrest and conviction never occurred. Expunged records are removed from public records and databases, making them inaccessible to the general public and most employers during background checks. However, some law enforcement agencies and certain government entities may still have access to expunged records.
Sealing records, on the other hand, involves restricting access to the records rather than completely erasing them. Sealed records are typically not accessible to the general public or most employers, similar to expunged records. However, the records are not destroyed and can still be accessed under certain circumstances, such as by law enforcement agencies and certain government organizations. Sealing offers a level of privacy and protection while acknowledging the existence of the records.
The eligibility criteria and process for expungement and sealing vary based on the type of offense. While expungement provides a more thorough removal of records, sealing offers a practical solution for individuals who want to limit the visibility of their criminal history without entirely erasing it. Consulting with a legal professional, like the team at Bernard Law, can help you determine the best course of action based on your specific situation and the laws in your area.
Which Records Cannot Be Expunged?
When it comes to Illinois sealing and expungement, certain criminal convictions remain ineligible for expungement due to the gravity of the offenses involved. Violent Crimes encompass offenses such as murder, attempted murder, and aggravated battery. These crimes involve significant harm or threat of harm to individuals, making them ineligible for expungement. Convictions for a felony or misdemeanor offense also cannot be expunged. For cases in which a person was sentenced to court supervision, a person can expunge these offenses, however, there is wa required waiting period. Contact us today for a full assessment of your situation.
Similarly, Sexual Offenses, including rape and predatory criminal sexual assault, fall under this category due to the serious and lasting impact on victims. Convictions for more than one Felony or Felony Class X offenses are typically not eligible for expungement. This restriction is in place to prevent the expungement of serious repeated criminal behavior.
Can All Records Be Sealed?
While convictions may not be expunged, you still have options to explore. Sealing records involves limiting access to certain parties, such as employers, landlords, or the general public. This means your criminal record won’t be completely eradicated, but it won’t be as readily available for scrutiny.
Convictions for certain minor offenses, misdemeanors, and even felonies may be eligible for sealing. These can include offenses like theft, possession of a controlled substance, and certain property crimes. However, it's important to note that eligibility for sealing can depend on factors such as the type of offense, the length of time since the conviction, and whether you have any other criminal convictions.
On the other hand, more serious offenses like violent crimes, sexual offenses, and Class X felonies generally cannot be expunged or sealed. Additionally, if you have multiple convictions, you may not be eligible for expungement but could potentially be eligible for sealing.
To understand the specific eligibility criteria for sealing and expungement in Illinois, it's advisable to consult with a knowledgeable attorney who can review your case and guide you through the process. Bernard Law is experienced in Illinois sealing and expungement matters and is here to provide accurate and reliable guidance based on your unique situation.
A Compassionate Approach
In the realm of criminal convictions, the journey towards a fresh start often involves the intricate processes of expungement and sealing. While certain serious offenses cannot be expunged, the option of sealing records provides a pathway to privacy and renewed opportunities. At Bernard Law, we understand the importance of understanding these nuances. Our dedicated team combines authoritative legal knowledge with genuine compassion, ensuring that you have a clear understanding of your options.
Whether you're seeking to expunge eligible records or considering sealing to limit access, our attorneys in Chicago are committed to guiding you through the complex landscape. Your past doesn't have to define your future, and we stand by your side to help you navigate the legal procedures and make informed decisions.
With decades of experience, Bernard Law is your trusted partner in Illinois sealing and expungement matters. Our unwavering dedication to your rights and aspirations sets the stage for a brighter, more promising tomorrow. Contact us today and take the first step towards reclaiming control over your future.