Belleville Expungement and Sealment Lawyer

As many people are painfully aware, the stigma of simply being charged with a crime carries consequences regardless of the outcome of the case itself. Whether it is in an employment or social context, charges for some crimes can destroy opportunities, whether they should be considered or not. Whether the case against you was dismissed, you received a qualifying probation, a pardon, or a conviction, there may be statutory relief from these blemishes remaining on your criminal history.

Fortunately, Illinois law provides pathways to clear eligible records permanently, keeping them from holding you back from a productive future. The Conner Law Firm helps people in St. Clair, Monroe, and Madison Counties, and throughout southern Illinois clear their criminal records through expungement and record sealing, giving you a genuine second chance and a fresh start. Attorney Erin Conner experienced at evaluating criminal histories for potential relief, and has a track record of successfully achieving relief for her clients.

Expungement vs. Sealing

In Illinois, expungement or record sealing may be an option for you in certain scenarios. Understanding the differences between them is important for determining your next steps.

Expungement

Expungement involves a complete erasure of your records, which are physically destroyed or returned. It makes it as though this never happened and your past won’t come back to haunt you. Who qualifies for expungement in Illinois? If you were arrested but not charged, your case was dismissed, you were acquitted at trial, or you successfully completed court supervision and the waiting period, you may be eligible for expungement.

Sealing

Sealing your records means that they still exist but are restricted from view by the public, employers, or landlords. Law enforcement and some government agencies can still access your records. You may be able to have your records sealed for most misdemeanors and felonies after a 2-year waiting period following your successful completion of supervision of probation. The wait time is 3 years after the imposition of a conviction. Ideally, you should head things off at the pass with the help of a criminal defense attorney with the Conner Law Firm who can work to fight a conviction.

Major Exclusions to Know

In general, anyone convicted of sex offenses against minors that require registration are disqualified from these opportunities. DUI, reckless driving, and domestic battery charges tend to be excluded as well, though it helps to talk to an attorney about your specific scenario to determine your options.

Cannabis-Specific Expungement

Drug crime defense in Belleville is helpful to avoid the worst punishments, even for cannabis. The Cannabis Regulation and Tax Act automatically allows for expungement of minor cannabis possession convictions if they were under 30 grams. Any convictions for amounts of cannabis in possession ranging between 30 and 500 grams may be permitted to file a motion for expungement.

One thing is crystal clear: if you are in this situation, you should not face it alone. The Conner Law Firm helps people in St. Clair County clear their criminal records for a second chance at a fully free future.

Certificate of Good Conduct

A certificate of good conduct (CGC) in Illinois is issued by the court that proves rehabilitation for those with a criminal record. It may be an option for you if your offense is ineligible for expungement or sealing.

For Convictions That Cannot Be Expunged or Sealed

The certificate of good conduct is meant for those who do not qualify for record sealing or expungement. It allows you to show you have been rehabilitated despite having a permanent public record. Generally, the CGC is issued for those who have committed non-violent misdemeanors or felonies, usually after a waiting period of one year from the completion of a misdemeanor sentence and two years after the completion of a felony sentence.

Provides Employer Liability Protection (730 ILCS 5/5-5.5-25)

With this certificate, employers may have protection from civil and criminal liability that may arise from an act of an employee who has a criminal record. It essentially provides a shield from being accused of negligent hiring while encouraging employers to hire those who are qualified even if they have a prior record.

Helps with Employment, Professional Licensing, and Housing

With the certificate, it can remove the typical barriers that would prevent someone with a conviction from getting a professional license in industries like transportation or healthcare. It is a formal, legal document that can be shown to an employer or landlord, announcing that you are reformed.

Demonstrates Rehabilitation and Good Character

The certificate of good conduct is used as a character reference handed down straight from the court. It shows a long period of good behavior with no new convictions during the mandatory waiting period.

In order to get this certificate, you need to apply in the same circuit court that issued your conviction. It is not available to anyone who was convicted of any crime that mandates sex offender registration, arson, or any serious violent offenses.

Expungement and Sealment Process

If you are eligible for expungement or sealment, there are several key steps to know in the process:

Step 1: Eligibility Review

First, your entire criminal history will be analyzed. This requires determining if your arrests or convictions are even eligible for expungement or sealment.

Step 2: Obtain Certified Records

Next, your records must be obtained from the Illinois State Police (ISP) along with dispositions from the Circuit Court clerk where your case was litigated.

Step 3: File Petition

After evaluating your eligibility, our firm can prepare and file your petition with the Circuit Court Clerk to start the legal process for relief. Relief can be sought for the charges you pled or were found guilty of, and also for charges that were dismissed as part of your plea, or that you were found not guilty of.

Step 4: State's Attorney Review Period

The State’s Attorney, Illinois State Police, and the arresting agency have 60 days to review your petition and object.

Step 5: Court Hearing and Order

If there is no objection filed, then the judge may grant the order without holding a hearing. However, if there is an objection, a hearing will be scheduled where the judge will make a decision. If they approve your expungement and/or sealment, they will sign the order, at which point the clerk will notify the agencies to comply with it.

When you are approved for relief, it could take anywhere from 3 to 6 months from start to finish. You will receive an official notice when this process is complete, and at that point, can proceed with your life without your old mistake serving as a constant reminder of your past.

Criminal Defense Lawyer

Call (618) 277-2421 or contact the office online to schedule your initial consultation.

Frequently Asked Questions

How long does expungement take in Illinois?

If you are eligible for having your record expunged in Illinois, it can take between 3 and 6 months from the date you enter your petition with the courts to the final processing. There is a 60-day review period that allows for any objections. If objections are filed, a hearing will take place where the judge will be the one to decide whether or not to approve your petition for expungement.

Can a felony be expunged in Illinois?

Yes, even if you were charged with a felony in Illinois, you may be able to have it expunged. However, felony charges that did not result in a conviction are usually the ones that are eligible. If your case was dismissed, you were acquitted, or you successfully completed a qualified probation, then you may be able to have it expunged. In the event that you are ineligible for expungement of your felony charge, you may be able to have your records sealed. Felony convictions for drug trafficking, aggravated DUI, or domestic battery are just a few examples of those that cannot be expunged.

What is the difference between expungement and sealing?

Expungement is the process that permanently erases or destroys any records of arrests or charges that did not result in a conviction. If you have your record expunged, it becomes invisible even to most law enforcement officials, and is like it never happened. Record sealing merely hides convictions and more serious records from the public, employers, and landlords, though the records still exist. Law enforcement and government agencies will still be able to see your criminal history even after having your record sealed. You may not be eligible for expungement, though record sealing may still be an option. Ask The Conner Law Firm to help you determine whether you can expunge or seal your record.

Contact The Conner Law Firm

You may have made a mistake and have now completely changed your ways. After serving your time, why should you continue to be punished when you’ve turned your life around? There are options that can help you keep the past from following you for the rest of your life. The Conner Law Firm helps people in St. Clair, Monroe, and Madison Counties, and throughout southern Illinois clear their criminal records through expungement, record sealing, and certificates of good conduct, giving you a genuine second chance to start over on the right course. Call 618-277-2421 today for a consultation on expungement and sealment of your criminal history with an experienced Belleville criminal defense lawyer.