Crimes of Violence Convictions Become Eligible For Sealing Effective January 1, 2015
Effective Januar 1, 2015 new Illinois legislature permits crimes of violence to be sealed. Prior to the new law, no crimes of violence could be sealed unless the sentence involved supervision and the petitioner had no conviction on his/her record. Because a disposition involving probation or “time considered served” is considered a conviction, even low level misdemeanor offenders with convictions of assault or battery often found themselves with a permanent records, which could not be expunged nor sealed. Public Act 098-1009 lifts the restriction on sealing “crimes of violence” making these records eligible effective January 1,...
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Felony Records Can Be Sealed
Illinois legislature has continued its trend of expanding the list of criminal offenses eligible for sealing. Although certain Class 4 and Class 3 Felony records were already eligible for sealing, this could only be accomplished after obtaining a Certificate of Eligibility for Sealing. Effective January 1, 2014, Illinois legislature removed this extra hurdle and expanded the list of Class 4 and Class 3 felony offenses that can be sealed following the requisite waiting period, without obtaining the Certificate of Eligibility. Class 4 felony convictions now eligible for sealing: 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...
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Can Traffic Records Be Expunged or Sealed?
Although expunging traffic tickets was a common practice in Illinois several years ago, especially amongst CDL drivers. This is no longer an option for Illinois drivers. As of January 1, 2010, pursuant to 20 ILCS 2630/5.2(a)(3)(B), “the court shall not order the sealing or expungement of records of minor traffic offenses. 20 ILCS 2630/5.2(a)(1)(G) defines “Minor traffic offenses” as “a petty offense, business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance.” Consequently, ordinary traffic violation such as speeding, immaterial if the sentence is supervision or a conviction, cannot be expunged or sealed. The only remaining remedy is the lapse of time. The secretary of state purges traffic violations, which do not result in suspension, after 5-6 years and 7-8 years for violations that result in suspension. It should also be noted that other traffic violations such as driving while a driver’s license is suspended (625 ILCS 5/6-303), which is a Class A misdemeanor, can still be expunged or sealed. Reckless driving (625 ILCS 5/11-503) can also be expunged if the offense occurred before the individual reached the age of 25 years old and the offender has no other convictions for reckless driving or...
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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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