Certificate of Good Conduct
730 ILCS 5/5-5.5-25 provides a good alternative for relief for for those individuals who do not qualify to have their record expunged or sealed. Although expunging or sealing a record still carries more benefits than a Certificate of Good Conduct, the latter does not have the same stringent requirements. Convictions even for relatively minor criminal offices may serve as a bart expunging other records. Other offenses, such as “crimes of violence” may not be sealed. If an individual has a sentence of supervision for assault or battery, but has other convictions on his or her record, such record may not qualify for expungement or sealing. This is precisely the type of scenario under which a Certificate of Good Conduct may serve as a good alternative. Benefits: Certificate of Good Conduct limits an employer’s liability for the conduct of a employee with a criminal record. An employer may not civilly or criminally liable for an act or omission by an employee who has been issued a Certificate of Good Conduct, except for willful or wanton act by the employer in hiring the employee who has been issued a Certificate of Good Conduct. Further, unlike expungement and sealing, an Illinois Circuit Court may issue a Certificate of Good Conduct to an individual previously convicted of a crime in any other jurisdiction, when the applicant demonstrates that there exist specific facts and circumstances that have an adverse impact and warrant the application to be made in Illinois. Limitations: A Certificat of Good Conduct does not limit an employer from accessing criminal background information; nor does it hide it, alter, or expunge the record. The Certificate of Good Conduct can also be revoked upon subsequent convictions. Eligibility: An applicant for Certificate of Good Conduct must prove to the Court that: 1) The applicant has conducted himself or herself in a manner warranting the issuance for a minimum period; 2) The relief to be granted is consistent with the rehabilitation of the applicant; 3) The relief to be granted is consistent with the public interest; 4) The minimum period of good conduct by the applicant shall be one year if the most serious crime the applicant has been convicted is a misdemeanor; and two years if the most serious crime an applicant was convicted of is a Class 1, 2, 3, or 4 Felony. The minimum period of good conduct is measured from the date of the payment of any fine imposed, or from the date of release from custody by parole, mandatory supervised release or commutation or terminate of his or her...
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Certificates of Eligibility for Expungement of Class 3 and Class 4 Felony Convictions for Servicemen
Effective August, 2013, Illinois permits individuals who have served in the United States Armed Forces or National Guard to apply for Certificate of Eligibility for Expungement of Class 3 and Class 4 Felony Convictions. Petitioners must have served and received an honorable discharge or at the time of the filing of the petition be enlisted and have served one tour of duty. The approval for the Certificate requires unanimous vote of a panel of at least 3 members. Records not eligible for the Certificate include: (1) sex offenses, (2) offenses involving a firearm, and (3) crimes of violence. Individuals whose petitions are denied must wait four years before re-applying for the Certificate of Eligibility for Expungement or filing for a pardon with authorization for expungement from the...
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Illinois Passes New Law Expanding Felony Records Eligible For Sealing
Pursuant to 730 ILCS 5/3-3-2(a)(10), Class 3 or Class 4 felony conviction records may become eligible for sealing after obtaining a Certificate from the Parole and Pardon Board. A petitioner is eligible to apply to the board for the certificate after 5 years have lapsed since petitioner’s last arrest, detention by any law enforcement agency, or violation of any law (excluding petty and traffic offenses). Only one Certificate for Eligibility of Sealing may be granted in petitioner’s life. If the Certificate is not granted, petitioner must wait 4 years before applying again. The approval for the Certificate requires a unanimous vote from at least 3 members of the Parole and Pardon Board Panel. Records still not eligible for Certificate of Sealing include: (1) aggravated assault, (2) aggravated battery, (3) domestic battery, (4) domestic battery, (5) aggravated domestic battery, (6) violation of an order or protection, (7) criminal offenses involving a firearm, (8) DUI, (9) aggravated DUI, (10) any crime of violence under Section 2 of the Crime Victims Compensation Act. The statute states that the board may only authorize for the sealing Class 3 or Class 4 felony records from one information or indictment, inherently suggesting that certificates may be granted for multiple felony convictions under the same indictment or information. By: Andrius...
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Expungement & Sealing Statistics – Fiscal Year 2012
Illinois law requires the Illinois State Police to publish annual statistics concerning the number of criminal records expunged and sealed each year. The numbers for Fiscal Year 2012 are both commendable and alarming. First, the Illinois State Police has done a remarkable job, entering the vast majority of orders to expunge that the agency received for the year, and thereby preventing major backlogs. On the other hand, it’s alarming that in the entire state of Illinois, only 8,620 Petitions to Expunge, were filed for the year. This number clearly indicates a lack of awareness amongst the public that pleas involving supervision, dismissal of charges, and not guilty verdicts do not on their own yield a “no record.” Every such record still needs to be expunged! The finger cannot be pointed at any one agency of division of the judicial system for this disconnect. But the lawyers, the judges, and the police, should all certainly do a better job informing the...
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