Only some convictions can be cleared from your record in Illinois. In Illinois, misdemeanor convictions generally can be cleared from your record after a time. However, most felonies will remain on your record forever.
So if you were convicted of retail theft in the amount of $100 in Cook County five years ago (a misdemeanor), your chances of clearing your record are pretty good. If you have a robbery conviction out of Lake County from ten years ago, clearing your record isn't likely. There are only a few exceptions, such as certain Class 4 felonies (i.e., possession of less than 500g of marijuana).
There are two ways to clear your record in Illinois - you can expunge the record or seal it.
Expunging a case makes it actually disappear because the records are destroyed. Qualifying for expungement is less likely than qualifying for sealing. And if you have any other convictions on your record, you do not qualify for expungement.
If you seal a case, it means that the general public, including employers, cannot see the record. However, it still exists and is accessible to law enforcement agencies or by court order.
Of course, there are exceptions.
Illinois has a DUI exception. Unless it was dismissed or you were found not guilty, a DUI will remain on your record and cannot be sealed or expunged without a pardon from the governor. This is true even if you received court supervision for the DUI.
We should mention that you can always seek a pardon from Gov. Quinn, but it's usually as difficult as it sounds. Not many of these requests are granted, but there are attorneys who will try. It is especially difficult, however, to succeed, in an election year. The last thing he wants to do is pardon someone and have that used against him by his opponent. That said, once the election is over it is likely that there will be a bunch of pardons granted, especially is he loses.
Don't assume that just because a judge or attorney tells you that something will not be on your record that it has been cleared. Even if your case was dismissed, an arrest can remain on your record and show up on background checks. If you think something could still be on your record, find out and get it taken care of.
There are Cook County criminal attorneys who handle expungement and sealing all the time and know how to get these through the system. Talking to one of them is a good place to start.
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Michael Helfand
2 days, 7 hours ago