Do I need to provide a clean drug test with my petition?
Only in certain circumstances. Proof of a clean drug test taken within the last 30 days before the filing of the petition must be submitted along with a petition to expunge or seal records of qualified probation, or to seal records of Class 3 and Class 4 felonies.
Read MoreIf my record is eligible for expungement, is it guaranteed to be expunged?
No, courts have discretion to grant or deny these petitions, even when the record is eligible for expungement or sealing. The court may look into pre-disposition or post-disposition behavior to determine how to rule. Factors that the courts will consider include (1) the strength of the state’s case against the petition, (2) the state’s reasons for wishing to retain the record, (3) the petitioner’s age, criminal record, and employment history, (4) the length of time that has elapsed between the arrest and the petition to expunge, and (5) the specific adverse consequences the petitioner may endure should expungement be...
Read MoreCan felony records be sealed?
The Illinois Criminal Identity Act permits the sealing of the following Class 4 felony convictions: Prostitution; Possession of Cannabis; Possession of Controlled Substance; Offenses under Methamphetamine Act; Offenses under Steroid Act; Theft; Retail Theft; Deceptive Practices; Forgery Possession of Burglary Tools; Class 3 felony convictions now eligible for sealing: Theft; Retail Theft Deceptive Practices; Forgery; Possession With Intent To Manufacture or Deliver a Controlled Substance. The Act requires proof of a clean drug test to be submitted along with the petition. Starting January, 2013, other Class 4 and Class 3 felony records and convictions can also be sealed, after obtaining a Certificate of Eligibility For...
Read MoreIf my background search didn’t reveal a record, does that mean that I don’t have a criminal record?
Not necessarily. Some employers conduct more thorough investigations than others and online background search websites are often inaccurate. Your online background search might have only looked at the state conviction records. Records that do not end in convictions may be found with the clerk of the circuit court, the state’s attorneys office, the village prosecutor, the state police, the county sheriff, or the village police. Where the record is retained depends on who made the arrest, who prosecuted the case, and how far in the adjudication process the case reached before being disposed...
Read MoreIf my case was dismissed, do I have a record?
Yes, every arrest and every charge brought forth without an arrest creates a record, unless such record is expunged or sealed, it remains accessible to the public.
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