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Shorter Waiting Periods For Sealing Illinois Records

Posted by spokas.a@gmail.com on Feb 2, 2016 in New Laws, Sealing, Uncategorized | 0 comments

Effective January 1, 2016, Illinois records are eligible for sealing sooner. Illinois legislature amended 20 ILCS 2630/5.2 shortening the waiting period for sealing Illinois records from 4 and 3 years to 3 and 2 years depending on the disposition of the case. Under the new law, arrests resulting in an order of supervision are now eligible to be sealed 2 years after the termination of petitioner’s last sentence. Additionally, arrests and charges resulting in convictions, first offender probation, Section 410 probation, and eligible class 3 and class 4 felony convictions can now be sealed 3 years after the termination of petitioner’s last sentence. All arrests resulting in release without charging, charges resulting in acquittal, dismissal, or conviction when the conviction was reversed or vacated are still eligible for sealing at any...

Petition For a Certificate of Relief From Disabilities

Posted by spokas.a@gmail.com on Jan 19, 2015 in Certificate of Rehablitation, Certificate of Relief From Disabilities, Felony Records | 0 comments

Certificate of Relief From Disabilities is an Illinois statutory remedy (730 ILCS 5/5-5.5-25) available to individuals who are barred from obtaining a certificate or a license as a result of a criminal conviction. Unlike expungement and sealing, Certificate of Relief From Disabilities does not destroy the record, nor does it make it unavailable to the public or employer. The Certificate lifts the statutory restrictions, making a previously ineligible individual, eligible for a license. The Certificate, still, does not prevent any judicial proceeding, administrative, licensing, or other body, board or authority from exercising its discretionary power to refuse to issue a license to an eligible individual. Eligibility: A Certificate of Relief From Disabilities is available to a person who has been convicted of a crime in Illinois or of an offense in any other jurisdiction that does not include any offense or attempted offense that would subject a person to registration under the Sex Offender Registration Act, the Arsonist Registration Act, or the Murderer and Violent Offender Against Youth Registration Act. The Court must also consider whether granting such relief is consistent wight the rehabilitation of such individual, and whether it is consisted with the public interest. Not Eligible: An individuals who has been convicted of committing or attempting to commit a Class X felony, aggravated driving under the influence of alcohol, other drug or drugs, or intoxicating compound or compounds, or any combination thereof, aggravated domestic battery, or a forcible felony (“Forcible felony” means first degree murder, second degree murder, aggravated arson, arson, aggravated kidnapping, kidnapping, aggravated battery that resulted in great bodily harm or permanent disability, and any other felony which involved the use of physical force or violence against any individual that resulted in great bodily harm or permanent disability.) The Certificate of Relief From Disabilities is available for the following: The Animal Welfare Act [Petitioner was not convicted under Section 3, 3.01, 3.02, 3.03, 3.03-1 Humane Care for Animals Act, 510 ILCS 70/3, 510 ILCS 70/3.01, 510 ILCS 70/3.02, 510 ILCS 70/3.03, 510 ILCS 70/3.03-01 or 510 ILCS 70/4.01, 710 ILCS 5/26/-5] The Illinois Athletic Trainers Practice Act, 225 ILCS 5/1 et, seq. The Barber Cosmetology, Esthetics, Hair Braiding and Nail Technology Act of 1985, 225 ILCS 410/1-1 et. seq. The Boiler and Pressure Vessel Repairer Regulation Act 225 ILCS 203/1 et. seq. The Professional Boxing Act, 225 ILCS 105/1 et. seq. The Illinois Certified Shorthand Reporters Act of 1984, 225 ILCS 415/1 et. seq. The Illinois Farm Labor Contractor Certification Act, 225 ILCS 505/1 et seq. The Interior Design Title Act, 225 ILCS 310/1 et. seq. The Illinois Professional Land Surveyor Act of 1989, 225 ILCS 330/1 et. seq. The Illinois Landscape Architecture Act of 1989, 225 ILCS 315/1 et. seq. The Marriage and Family Therapy Licensing Act, 225 ILCS 55/1 et. seq. The Private Employment Agency Act, 225 ILCS 515/0.01 et. seq. The Professional Counselor and Clinical Professional Counselor Licensing Act, 225 ILCS 107/1 et. seq. The Real Estate License Act of 2000, 225 ILCS 454/1-1 et. seq The Illinois Roofing Industry Licensing Act, 225 ILCS 335/1 et. seq. Professional Engineering Practice Act, 225 ILCS 325/1 et. seq. Water Well and Pump Installation Contractors License Act, 225 ILCS 345/1 et. seq. Electrologist Licensing Act, 225 ILCS 345/1 et. seq. The Auction License Act, 225...

Crimes of Violence Convictions Become Eligible For Sealing Effective January 1, 2015

Posted by spokas.a@gmail.com on Oct 8, 2014 in Assault, Battery, Crimes of Violence, Felony Records, New Laws, Sealing | 0 comments

Effective Januar 1, 2015 new Illinois legislature permits crimes of violence to be sealed. Prior to the new law, no crimes of violence could be sealed unless the sentence involved supervision and the petitioner had no conviction on his/her record. Because a disposition involving probation or “time considered served” is considered a conviction, even low level misdemeanor offenders with convictions of assault or battery often found themselves with a permanent records, which could not be expunged nor sealed. Public Act 098-1009 lifts the restriction on sealing “crimes of violence” making these records eligible effective January 1,...

Felony Records Can Be Sealed

Posted by spokas.a@gmail.com on Sep 16, 2014 in Felony Records, New Laws, Sealing, Uncategorized | 0 comments

Illinois legislature has continued its trend of expanding the list of criminal offenses eligible for sealing. Although certain Class 4 and Class 3 Felony records were already eligible for sealing, this could only be accomplished after obtaining a Certificate of Eligibility for Sealing. Effective January 1, 2014, Illinois legislature removed this extra hurdle and expanded the list of Class 4 and Class 3 felony offenses that can be sealed following the requisite waiting period, without obtaining the Certificate of Eligibility. Class 4 felony convictions now eligible for sealing: Prostitution; Possession of Cannabis; Possession of Controlled Substance; Offenses under Methamphetamine Act; Offenses under Steroid Act; Theft; Retail Theft; Deceptive Practices; Forgery Possession of Burglary Tools; Class 3 felony convictions now eligible for sealing: Theft; Retail Theft Deceptive Practices; Forgery; Possession With Intent To Manufacture or Deliver a Controlled...

Can Traffic Records Be Expunged or Sealed?

Posted by spokas.a@gmail.com on Feb 14, 2014 in Expungement, New Laws, Sealing, Traffic, Uncategorized | 0 comments

Although expunging traffic tickets was a common practice in Illinois several years ago, especially amongst CDL drivers. This is no longer an option for Illinois drivers. As of January 1, 2010, pursuant to 20 ILCS 2630/5.2(a)(3)(B), “the court shall not order the sealing or expungement of records of minor traffic offenses. 20 ILCS 2630/5.2(a)(1)(G) defines “Minor traffic offenses” as “a petty offense, business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance.” Consequently, ordinary traffic violation such as speeding, immaterial if the sentence is supervision or a conviction, cannot be expunged or sealed. The only remaining remedy is the lapse of time. The secretary of state purges traffic violations, which do not result in suspension, after 5-6 years and 7-8 years for violations that result in suspension. It should also be noted that other traffic violations such as driving while a driver’s license is suspended (625 ILCS 5/6-303), which is a Class A misdemeanor, can still be expunged or sealed. Reckless driving (625 ILCS 5/11-503) can also be expunged if the offense occurred before the individual reached the age of 25 years old and the offender has no other convictions for reckless driving or...

Certificate of Good Conduct

Posted by spokas.a@gmail.com on Feb 2, 2014 in Certificate of Good Conduct, Certificate of Rehablitation, Uncategorized | 0 comments

730 ILCS 5/5-5.5-25 provides a good alternative for relief for for those individuals who do not qualify to have their record expunged or sealed. Although expunging or sealing a record still carries more benefits than a Certificate of Good Conduct, the latter does not have the same stringent requirements. Convictions even for relatively minor criminal offices may serve as a bart expunging other records. Other offenses, such as “crimes of violence” may not be sealed. If an individual has a sentence of supervision for assault or battery, but has other convictions on his or her record, such record may not qualify for expungement or sealing. This is precisely the type of scenario under which a Certificate of Good Conduct may serve as a good alternative. Benefits: Certificate of Good Conduct limits an employer’s liability for the conduct of a employee with a criminal record. An employer may not civilly or criminally liable for an act or omission by an employee who has been issued a Certificate of Good Conduct, except for willful or wanton act by the employer in hiring the employee who has been issued a Certificate of Good Conduct. Further, unlike expungement and sealing, an Illinois Circuit Court may issue a Certificate of Good Conduct to an individual previously convicted of a crime in any other jurisdiction, when the applicant demonstrates that there exist specific facts and circumstances that have an adverse impact and warrant the application to be made in Illinois. Limitations: A Certificat of Good Conduct does not limit an employer from accessing criminal background information; nor does it hide it, alter, or expunge the record. The Certificate of Good Conduct can also be revoked upon subsequent convictions. Eligibility: An applicant for Certificate of Good Conduct must prove to the Court that: 1) The applicant has conducted himself or herself in a manner warranting the issuance for a minimum period; 2) The relief to be granted is consistent with the rehabilitation of the applicant; 3) The relief to be granted is consistent with the public interest; 4) The minimum period of good conduct by the applicant shall be one year if the most serious crime the applicant has been convicted is a misdemeanor; and two years if the most serious crime an applicant was convicted of is a Class 1, 2, 3, or 4 Felony. The minimum period of good conduct is measured from the date of the payment of any fine imposed, or from the date of release from custody by parole, mandatory supervised release or commutation or terminate of his or her...

Certificates of Eligibility for Expungement of Class 3 and Class 4 Felony Convictions for Servicemen

Posted by spokas.a@gmail.com on Oct 17, 2013 in Expungement, New Laws, Uncategorized | 0 comments

Effective August, 2013, Illinois permits individuals who have served in the United States Armed Forces or National Guard to apply for Certificate of Eligibility for Expungement of Class 3 and Class 4 Felony Convictions. Petitioners must have served and received an honorable discharge or at the time of the filing of the petition be enlisted and have served one tour of duty. The approval for the Certificate requires unanimous vote of a panel of at least 3 members. Records not eligible for the Certificate include: (1) sex offenses, (2) offenses involving a firearm, and (3) crimes of violence. Individuals whose petitions are denied must wait four years before re-applying for the Certificate of Eligibility for Expungement or filing for a pardon with authorization for expungement from the...

Illinois Passes New Law Expanding Felony Records Eligible For Sealing

Posted by spokas.a@gmail.com on Oct 17, 2013 in New Laws, Sealing, Uncategorized | 0 comments

Pursuant to 730 ILCS 5/3-3-2(a)(10), Class 3 or Class 4 felony conviction records may become eligible for sealing after obtaining a Certificate from the Parole and Pardon Board. A petitioner is eligible to apply to the board for the certificate after 5 years have lapsed since petitioner’s last arrest, detention by any law enforcement agency, or violation of any law (excluding petty and traffic offenses). Only one Certificate for Eligibility of Sealing may be granted in petitioner’s life. If the Certificate is not granted, petitioner must wait 4 years before applying again. The approval for the Certificate requires a unanimous vote from at least 3 members of the Parole and Pardon Board Panel. Records still not eligible for Certificate of Sealing include: (1) aggravated assault, (2) aggravated battery, (3) domestic battery, (4) domestic battery, (5) aggravated domestic battery, (6) violation of an order or protection, (7) criminal offenses involving a firearm, (8) DUI, (9) aggravated DUI, (10) any crime of violence under Section 2 of the Crime Victims Compensation Act. The statute states that the board may only authorize for the sealing Class 3 or Class 4 felony records from one information or indictment, inherently suggesting that certificates may be granted for multiple felony convictions under the same indictment or information. By: Andrius...

Expungement & Sealing Statistics – Fiscal Year 2012

Posted by spokas.a@gmail.com on Oct 15, 2013 in Expungement, Sealing, Statistics, Uncategorized | 0 comments

Illinois law requires the Illinois State Police to publish annual statistics concerning the number of criminal records expunged and sealed each year. The numbers for Fiscal Year 2012 are both commendable and alarming. First, the Illinois State Police has done a remarkable job, entering the vast majority of orders to expunge that the agency received for the year, and thereby preventing major backlogs. On the other hand, it’s alarming that in the entire state of Illinois, only 8,620 Petitions to Expunge, were filed for the year. This number clearly indicates a lack of awareness amongst the public that pleas involving supervision, dismissal of charges, and not guilty verdicts do not on their own yield a “no record.” Every such record still needs to be expunged! The finger cannot be pointed at any one agency of division of the judicial system for this disconnect. But the lawyers, the judges, and the police, should all certainly do a better job informing the...

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