The Basic Facts:
Expungement & Sealing in Illinois

WHAT IS EXPUNGEMENT?:

When a record is expunged, it is physically destroyed by each law enforcement agency. It is as if the record never existed.

WHAT DOES IT MEAN IF A RECORD IS SEALED?:

When an Illinois State Police record is sealed, it is no longer available to a snooping employer or other members of the public, but can still be seen by law enforcement agencies.

When a clerk’s office record is sealed it is no longer available to employers or other members of the public, but the record can be viewed by members of the public if a judge specifically orders that they can see it.

HOW MUCH DOES IT COST?:

We are a Private Law Firm dedicated to providing quality expungement representation. While our legal fees for a single expungement case generally range from $420 to $700 (this includes court costs and other fees), each case must be evaluated separately to determine the appropriate fee. Therefore, we cannot quote you a flat fee before speaking with you about the specific facts of your case. Please see our Legal Fees section for further information. Payments of fees and costs can be made by check, money order or credit card (processed securely via PayPal).

IF MY CASE WAS DISMISSED, WHY DO I STILL HAVE A RECORD?:

Many people arrested and charged with a crime believe that if they were found "not guilty" after a trial or their case was dismissed before trial, the record of the incident no longer exists and cannot affect them. Unfortunately, that is NOT TRUE.

Records relating to an arrest and criminal charges are created at the time of arrest and forwarded to the Illinois State Police by the arresting agency, such as the Chicago Police Department or Cook County Sheriff's Office.  The Illinois State Police, in turn, enter this information into a statewide database. This database tracks arrests and dispositions of cases in Illinois. From this database, the information is eventually sent to a national criminal information system called "NCIC." Additionally, more and more county and district clerks' offices are beginning to maintain computer databases of arrest records and case dispositions for use on a local level.

Due to the Illinois Open Records Act, arrest records are public records. They can be used for employment background checks, apartment leasing checks, adoption background checks, etc. This means landlords, future employers and others can discover any person's prior criminal history by simply searching for it at the courthouse or online with several criminal record database companies. Unfortunately, once many of these people find out about your past legal problems, they may be reluctant to hire you or rent to you.

That is why having your criminal record EXPUNGED is so important. Once expunged, your criminal record, including finger prints, booking-photo, arrest report, local police records, county records and Illinois State Police records, are all destroyed and IT IS AS IF THE INCIDENT NEVER HAPPENED!

DO I NEED A LAWYER TO EXPUNGE MY RECORD?:

The only way to clear your record is to obtain a court order expunging or sealing your arrest. In Illinois, our expungement law is found in the Criminal Identification Act of the Illinois Compiled Statutes.

Unfortunately, each county has a very specific filing procedure. In some cases, you must appear in court, while in others, no appearance is required. The expungement and sealing laws are complicated, and the filing and hearing process present a variety of pitfalls for non-attorneys and inexperienced attorneys. An EXPERIENCED EXPUNGEMENT LAWYER could mean the difference between whether your petition to expunge is granted or denied.

Each Circuit Court has forms that attempt to explain the expungement process, but the Clerk's Office cannot and will not give you legal advice or instructions. Improperly preparing your case can lead to wasted time, wasted money, missed employment opportunities and possibly the denial of your petition for expungement. You should retain an experienced expungement attorney to review your arrest record and determine whether your case qualifies for expungement and/or sealing.

WHICH CASES CAN BE EXPUNGED?:

1. First, for cases in which you were acquitted (found not guilty after trial), released without conviction (including cases in which you were not charged or the charges were dismissed), a petition to expunge can be filed immediately. If, however, your case was stricken off the call with leave to reinstate (“SOL”) or non-suited, Petitions to expunge can only be granted 120 days (if a formal demand for trial was filed) or 160 days (if no demand for trial was filed) after the case was dismissed, and only if the prosecutor did not reinstate your case during this time period.

2. Second, cases, other than those listed in section 3, below, in which you received supervision and two (2) years have passed since your supervision ended.

3. Third, cases in which you received supervision and five (5) years have passed since termination of supervision for the following charges:

Retail Theft – 720 ILCS 5/16 A-3
Reckless Driving – 625 ILCS 5/11-503
Display of False Insurance – 625 ILCS 5/3-710
Suspended Registration for Non-Insurance - 625 ILCS 5/3-708
Uninsured Motor Vehicle – 625 ILCS 5/3-707

4. Finally, cases in which you received probation and at least five (5) years have passed since your probation ended, under the following statutes:

Controlled Substance Act (1410 Probation)–720 ILCS 570/1410
Cannabis Control Act (First Offender Only)–720 ILCS 550/710

WHICH CASES CANNOT BE EXPUNGED?:

Convictions, including:

1. A guilty plea, guilty finding, or guilty verdict resulting in a sentence other than probation under the Cannabis or Controlled Substances Acts.

2. Probation (except if you received 1410 or 710 probation under the Controlled Substance Act or under the Cannabis Act)

3. Cases where the defendant received supervision or a conviction for a sexual offense committed against a minor under 18 years of age (20 ILCS 2630/5(g))

4. Conditional Discharge

5. Time Considered Served

6. DUI Supervision

Once your record has been expunged, it “may not be considered by any private or public entity in employment matters, certification, licensing, revocation or certification or licensure, or registration” (20 ILCS 2630/12). Employers are not allowed to ask you if you have had records expunged, and you are not required to disclose this information on employment applications. (20 ILCS 2630/12)

IF MY CASE CANNOT BE EXPUNGED, CAN MY CASE BE SEALED?:

1. It MAY be possible to seal your record if you are an adult or minor prosecuted as an adult for a misdemeanor or municipal ordinance violation in which you were acquitted; released without being convicted (including cases where you were not charged), your conviction was reversed; or you received a sentence of supervision for a misdemeanor AND you have not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor for three (3) years after being acquitted, or released, or your conviction being reversed, or having completed the terms and conditions of your supervision.

2. Additionally, it MAY be possible to seal your record if you are an adult or minor prosecuted as an adult for a qualifying Class 4 Felony or misdemeanor which resulted in a conviction AND you have not been convicted of a felony or misdemeanor or placed on supervision for a misdemeanor for four (4) years after completing your sentence.

STILL NOT SURE IF YOU QUALIFY FOR EXPUNGEMENT OR SEALING OF YOUR RECORD?

WE CAN HELP. TO DISCUSS EXPUNGING OR SEALING YOUR ILLINOIS RECORD, CONTACT MARTELL LAW OFFICES. FILL OUT OUR FORM ONLINE OR CALL US AT 773 315-2217.