Criminal Records Relief

Whenever a person is arrested, a criminal record is created even if that person is never charged. In Illinois, there are over three million adults with criminal records. The existence of such a record poses many threats to everyday life for the individual who is the subject of the record, including lack of access to better housing, better jobs, and educational opportunities.
In Illinois, there are a few ways to obtain criminal records relief. The two main processes are expungement and sealing. However, another option is a petition to the governor for clemency or a pardon but only a certain number of these petitions are granted each cycle and it can take up to a year or more to receive a decision. Recently, criminal records relief has become an important nationwide topic of conversation with regard to the legalization of marijuana and decriminalization of certain offenses. This article will briefly explain the options available to individuals in Illinois seeking relief from the burden of a criminal record.

Expungement

Illinois law defines the term “expunge” broadly. It reads in part, “[e]xpunge means to physically destroy the records…and to obliterate the petitioner’s name from any official public record or both.” 20 ILCS 2630/5.2 (a)(1)(E). In Illinois, expungements are available only for non-convictions and certain juvenile offenses. A conviction arises when the individual has either plead guilty or is found guilty of an offense by means of a trial and has received a sentence. If an individual has a conviction on his/her/their record, that person must complete a petition for sealing, rather than expungement. In some instances, such as when one has received a sentence of supervision or certain types of probation, a record will be eligible for expungement once the sentence is successfully completed. The waiting period for petitions for expungements ranges from zero days to five years and largely depends on the charge and the sentence received. Certain charges such as reckless driving, DUI, domestic violence, and sex crimes, no matter the sentence, are never eligible for relief via expungement or sealing.

Sealing

When records are sealed, they are not destroyed but are otherwise restricted or protected from public access. However, some law enforcement entities, like the Illinois State Police, other government entities, or employers as provided by law may still have access to the records during a background check. In other words, if one’s petition for sealing is granted, the records will be otherwise inaccessible without court order or good cause. The waiting period to file a petition for sealing is three years from the last sentence. That means if you are still within your waiting period for another conviction, no other convictions can be sealed. Nevertheless, in some instances, Illinois will allow an applicant to bypass the waiting period if during the period of the sentence, that individual has obtained a high school diploma or GED, associate’s or bachelor’s degree, or a certificate from a technical or vocational school.  Such an exception may act as an incentive for the applicant to pursue one or more of these degrees which also can assist the applicant in finding employment.

Other Forms of Relief

If expungement and sealing do not appear to be applicable in any given case, Illinois offers other forms of relief to support an individual in his/her/their pathway to a better future. For example, if the individual wishes to work or remain in the healthcare field, he/she/they can obtain a Healthcare waiver which will allow that person to continue working despite the conviction. However, the waiting period for this process ranges from one to 10 years and there is a pretty lengthy list of offenses that can render an individual ineligible. Other forms of relief include a ‘certificate of good conduct’ and as mentioned above, clemency or a pardon granted by the governor.

Next Steps

If you or someone you know has experienced hardship due to the existence of a criminal record, please reach out or encourage your friend or relative or colleague to reach out to your or his/her/their local legal aid organization or private attorney to discuss your options for criminal records relief. As we continue our important advocacy for increased eligibility and decreased barriers, we look forward to making this process more accessible and less costly to our community members seeking to progress in life despite some bad choices they may have made in their past.