Criminal Records, Expungement and Sealing
Have you had issues with your potential school and/or employer pertaining to mistakes from your youth? Illinois has modified and adopted several new laws recently regarding criminal records, expungement and sealing. The new changes have opened the door to applicants looking to expunge and seal within Illinois in the immediate future (3 to 6 months), rather than being forced to wait the previous minimum of 3 to 5 years to expunge/seal serious criminal matters.
For many current and former residents of Illinois, the waiting period for expunging or sealing misdemeanor and felony records has prevented applicants from pursuing school and career opportunities, because of mandatory background and criminal history checks. In response, the Illinois legislature recently adopted Public Act 99-0378, which allows a person with a criminal record to apply for early expunging or sealing of successfully terminated sentences, provided that a person has completed and received his/her GED, Associates, BA or other qualified vocational commitment,during the time serving out a sentence of probation and/or court-supervision.
If an applicant satisfies these requirements, this person is likely eligible to receive an expungement or sealing, without waiting for 3-5 years, but rather 3 to 6 months from the date of filing their petition with the appropriate county clerk where the criminal charge originated.
Moreover, Illinois has made additional changes in 2018 pertaining to criminal records and charges that resulted in acquittal or dismissal. Specifically, HB-0514 allows a defendant to file a petition for sealing of an arrest or charge immediately after an order is entered by a trial court acquitting/dismissing matters with prejudice.
The bill further provides that no fees shall be charged by the circuit court clerk or the Department of State Police for processing petitions filed under this provision, and that one may do so immediately upon the conclusion of the underlying criminal case.
Should you find yourself in need of any representation for pending criminal charges and/or record expungement/sealing, please contact Castle Law today to discuss!
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