Criminal Expungement + Sealing in Chicago, IL
Chicago Expungement + Sealing Attorney
A criminal record can have a major effect on several aspects of your life, from employment opportunities to housing options. Fortunately, the legal processes of expungement and sealing offer a way to clear your record and move forward with a clean slate. Our Chicago expungement & sealing attorneys at Bernard Law efficiently guide clients through these complex procedures, ensuring that their past does not hinder their future.
Understanding Expungement and Sealing
Expungement and sealing are legal processes designed to help individuals remove or restrict access to their criminal records. While they serve similar purposes, there are key differences between the two.
Expungement involves the complete removal of a criminal record. Once an expungement is granted, it’s as if the crime never occurred. This means that the record is destroyed and cannot be accessed by employers, landlords, or other entities. A Chicago expungement lawyer can help you determine if your case qualifies for expungement and guide you through the application process.
Sealing a criminal record does not remove it entirely but restricts access to it. The record remains in existence but is hidden from public view, making it inaccessible to most employers, landlords, and the general public. Certain entities, such as law enforcement agencies, can still access sealed records. A Criminal Record Sealing Attorney can assist you in navigating the legal requirements and procedures for sealing your record.
The Importance of Expungement and Sealing
Clearing or sealing your criminal record can provide numerous benefits, significantly improving your quality of life. Expungement and record sealing can provide peace of mind, allowing you to move forward without the constant worry of your past affecting your future.
One major benefit of expungement and sealing is the removal of the conviction from a background check. Many employers conduct background checks as part of their hiring process. A criminal record can be a significant barrier to securing employment. By working with a Chicago expungement lawyer, you can remove this barrier and increase your chances of obtaining gainful employment.
Landlords often perform background checks on prospective tenants. A criminal record can limit your housing options, making it challenging to find a place to live. Sealing your record with the help of our Chicago criminal record sealing lawyers can open up more housing opportunities. Additionally, some educational institutions may consider criminal records during the admissions process. Expungement and sealing can help ensure that your past does not impact your educational aspirations.
Understanding Expungements in Chicago, IL
What can be expunged?
Having a criminal background, even if it is simply just an arrest, can have a severe impact on your ability to become employed and receive certain government benefits. If you’ve been arrested and found not guilty, or if the State eventually dismissed your case, there is the ability to wipe the arrest clean from your background. If you’ve received supervision and completed all the conditions of the supervision satisfactorily, you can also have the arrest expunged from your record. Call our firm to discuss your options.
What cannot be expunged?
If you have been convicted for a criminal offense, you cannot expunge the case or arrest from your background. Convictions include conditional discharge, probation, or jail time. If you’ve received a DUI and placed on a period of supervision, you cannot have the case expunged.
Understanding Sealing in Chicago, IL
What can be sealed?
Most misdemeanors and even felonies are eligible to be sealed if at last 3 years has passed since the end of a particular sentence. There are certain offense than cannot be sealed even if the over 3 year condition is met. Call us to discuss your options.
What cannot be sealed?
Certain offenses such as domestic battery and most sexual offenses cannot be sealed from your background. Call us to discuss your options.
Expungement for Juveniles: A Fresh Start for Young Lives
Juvenile records often stem from youthful mistakes that can disproportionately affect an individual’s future. Illinois law recognizes that young people deserve a second chance, offering pathways to expunge or seal juvenile records. Juvenile expungement not only removes the burden of a criminal past but also allows for a clean slate during critical stages of life, such as pursuing higher education or entering the workforce.
Juvenile offenses, even minor ones, can surface during background checks for college admissions, internships, or jobs. While some employers may overlook juvenile records, others may view them as a sign of poor judgment or unreliability. Expunging these records ensures that youthful mistakes don’t become lifelong obstacles.
In Illinois, juvenile expungement laws are relatively lenient compared to those for adults. Many arrests or charges that did not result in a conviction are eligible for expungement, as well as some cases where the juvenile completed probation or diversion programs successfully. Certain serious crimes may not qualify, so it’s essential to consult with an attorney to determine eligibility.
The Impact of Expungement on Gun Rights
For individuals who wish to own firearms, a criminal record can pose significant legal barriers. Federal and Illinois state laws often prohibit individuals with certain convictions from purchasing, owning, or possessing firearms. However, expungement can sometimes restore gun rights, depending on the circumstances of the case.
When a record is expunged, it is effectively erased in the eyes of the law, meaning that the conviction or arrest no longer exists. In many cases, this can restore firearm rights for individuals who were previously disqualified. For example, a non-violent misdemeanor that prohibited firearm ownership may no longer apply once expunged. However, expungement does not automatically restore gun rights in every scenario, particularly for violent offenses or Domestic Violence-related charges, which may carry additional restrictions under federal law.
Navigating the intersection of expungement and firearm ownership requires a nuanced understanding of both state and federal regulations. A knowledgeable attorney can help you determine if your record qualifies for expungement and whether it will restore your gun rights. They can also assist in addressing any issues that arise during background checks for firearm purchases, ensuring your rights are fully reinstated.
Expungement and Sealing in the Digital Age
While expungement and sealing laws provide a legal pathway to clear or restrict access to a criminal record, the digital age presents unique challenges. Criminal records that have been expunged or sealed may still linger online, creating complications for individuals seeking a fresh start. Many third-party companies aggregate criminal records and make them available to employers, landlords, and the public through background checks. Even after a record is expunged or sealed, these services may retain outdated information, leading to confusion and discrimination. For instance, an employer who conducts a background check through one of these services might see an expunged arrest that should no longer appear.
Expungement laws typically require courts, law enforcement agencies, and official databases to remove or restrict access to eligible records. However, this doesn’t automatically apply to third-party websites or private databases. Individuals must often take proactive steps to ensure their records are removed from these platforms.
An experienced attorney can assist with this process by sending formal removal requests to private background check companies. They can also follow up to ensure compliance, giving you greater peace of mind that your expunged or sealed record is no longer accessible.
Contact Our Experienced Expungement and Sealing Attorneys
Clearing or sealing your criminal record can open the door to new opportunities and a brighter future, free from the limitations of a past mistake. At Bernard Law, we understand the profound impact a criminal record can have on your life and are committed to helping you navigate the complex legal process of expungement and sealing. Our experienced attorneys will guide you every step of the way, ensuring your rights are protected and your case is handled with care. Don’t let your past define your future—contact Bernard Law today for a free case evaluation and take the first step toward a fresh start.
How Chicago Expungement & Sealing Attorneys Can Help
Navigating the legal processes of expungement and sealing can be complex and challenging. The Chicago expungement & sealing attorneys at Bernard Law offer personalized advice and guidance to ensure that your case is handled efficiently and effectively.
Case Evaluation
The first step in the expungement or sealing process is determining if your case qualifies. Not all crimes are eligible for expungement or sealing. A qualified Illinois expungement & sealing attorney will evaluate your case, review your criminal record, and determine the best course of action.
Filing the Petition
Once eligibility is established, your attorney will assist you in filing the necessary petitions and paperwork. This includes gathering required documents, completing forms accurately, and ensuring that all legal requirements are met.
Court Representation
If a hearing is required, your Chicago expungement lawyer will represent you in court, presenting your case and advocating on your behalf. Their experience and knowledge of the legal system are invaluable in securing a favorable outcome.
Follow-Up and Compliance
After your record is expunged or sealed, your attorney will ensure that all necessary follow-up actions are taken, such as confirming that the records are properly removed or restricted from public access.
Frequently Asked Questions: Expungement + Sealing
-
A record seal in Chicago, also known as expungement or sealing, is a legal process that restricts public access to certain criminal records. This means that once a record is sealed, it is hidden from most background checks conducted by employers, landlords, and the general public. Sealing a record gives individuals with a past criminal history a fresh start by reducing the stigma associated with their prior convictions. However, the specifics of the process can vary based on the type of offense and local laws.
-
Yes, arrests can be expunged in Illinois under most circumstances. The state's Criminal Identification Act allows for the expungement of arrest for certain offenses and certain dispositions of those offenses. This means that if you were arrested but not convicted, you might be eligible to have your arrest record expunged. However, eligibility criteria and the process can vary based on the type of offense and local laws.
-
While you're not legally required to hire an attorney to get your criminal record sealed or expunged in Illinois, having legal representation can be highly beneficial. The process of sealing a criminal record can be complex, involving legal paperwork, navigating the court system, and ensuring that all requirements are met. An experienced attorney can guide you through the process, increase the likelihood of success, and save you time and potential frustration.
-
Sealing a criminal record offers advantages such as improved employment prospects, better housing opportunities, enhanced eligibility for professional licenses, and reduced social stigma. It can also aid in obtaining education and provide a fresh start. Consulting an illinois expungement attorney is crucial to understand eligibility and the potential benefits based on your specific circumstances.
-
No, criminal records are not sealed automatically in Chicago or anywhere else. Sealing a criminal record requires a legal process that involves filing petitions, meeting specific eligibility criteria, and obtaining court approval. It's a deliberate action that individuals need to take to have their records sealed, and the process can vary based on the type of offense and local laws. Consulting with a legal professional is recommended to navigate the process effectively.
-
The cost of expungement in Chicago can vary based on factors such as the complexity of your case, the number of charges you want to expunge, and whether you're seeking legal assistance. The fees can include court filing fees, attorney fees, and any associated administrative costs. It's advisable to consult with an attorney to get an accurate estimate of the total cost based on your specific circumstances.
-
The cost of expungement varies depending on factors like your location, the number of charges you want to expunge, and whether you hire an attorney. Court filing fees, attorney fees, and administrative costs can contribute to the overall expense. While some organizations or legal aid clinics might offer reduced fees or pro bono assistance, it's recommended to consult with an expungement lawyers Illinois to determine the cost specific to your case.
-
Choose Bernard Law, P.C. as your criminal expungement and sealing attorney in Chicago for our extensive knowledge of local laws and procedures. Our experienced team understands the nuances of expungement and sealing cases, offering personalized guidance throughout the process. We're dedicated to helping you clear your record and move forward with a clean slate. With a proven track record, we strive to provide the best possible outcome for your case.
