Shorter Waiting Periods For Sealing Illinois Records
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...
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Petition For a Certificate of Relief From Disabilities
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...
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Crimes of Violence Convictions Become Eligible For Sealing Effective January 1, 2015
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,...
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Felony Records Can Be Sealed
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...
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Can Traffic Records Be Expunged or Sealed?
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...
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