Can I Get My Records Sealed?
If you have a criminal record, you might be wondering if you can get it sealed. As a criminal defense attorney with Mockaitis Law Group LLC, I’ve worked with many clients throughout Chicago's west suburbs including Kendall, Kane, DuPage, Grundy, and DeKalb counties. Some of these clients sought to have their records sealed, allowing them to move forward without the burden of past mistakes. Having spent ten years as an Assistant State's Attorney for DuPage County, I've seen firsthand how a criminal record can impact your life. Sealing your records can provide a fresh start. In this article, I'll explain the process and benefits of sealing your records in Illinois.
Understanding Record Sealing in Illinois
In Illinois, record sealing is a legal process that restricts who can view your criminal records. Once your records are sealed, they won't be accessible to the general public. However, certain entities, such as law enforcement and some government agencies, can still view them.
It's important to note that sealing isn't the same as expungement. Expungement completely removes the records, as if the offense never occurred, while sealing hides them from public view but retains them in certain databases. The distinction between sealing and expungement is crucial in understanding what relief is available to you.
My experience as a criminal defense attorney informs me that sealing your records can have a significant impact on your life. It can improve your employment prospects, housing opportunities, and educational possibilities. Many employers, landlords, and educational institutions conduct background checks, and having a sealed record can prevent old mistakes from affecting your future. By sealing your records, you can protect your privacy and open up new opportunities for personal and professional growth.
Eligibility for Record Sealing
Not all records are eligible for sealing in Illinois. Generally, most misdemeanors and some felonies can be sealed, but there are exceptions. According to OSAD, arrests and charges that did not lead to a conviction successfully completed sentences of Second Chance Probation, and minor traffic offenses in which you were released without being charged can be sealed at any time.
Some cases can be sealed if at least three years have passed since the successful completion of your last sentence. These cases include convictions for most misdemeanors and felonies with some exceptions. The kinds of cases that can't be sealed include but aren’t limited to minor traffic offenses where you were charged, DUIs, domestic battery, sexual offenses, animal offenses, violation of an order of protection, civil no-contact order, or stalking no-contact order, and some instances of reckless driving.
Understanding which offenses qualify for sealing is the first step in the process. If you're unsure whether your records can be sealed, it's crucial to consult with a criminal defense attorney. Each case is unique, and a thorough review of your criminal history is necessary to determine eligibility. I take a personalized approach to each case, meaning that we explore every possible avenue for sealing your records. With my experience, I can help you understand your options and guide you through the eligibility assessment.
The Process of Sealing Records
The process of sealing records in Illinois involves several steps. To begin with this phase, you need to obtain your criminal records. This includes arrest records, court documents, and any other relevant information. Once you have your records, you'll need to file a petition for sealing with the court where your case was heard.
Gathering the necessary documents is a critical part of preparing your petition. The petition must include detailed information about your offense, including the date of the arrest, the charges, and the outcome. Additionally, you must provide a valid reason for seeking the sealing of your records. This could include difficulties in finding employment, housing, or other hardships caused by your criminal record. Clearly articulating your reasons for sealing is essential for a successful petition.
After filing the petition, a court hearing will be scheduled. At the hearing, a judge will review your petition and any objections from the State's Attorney or other parties. If the judge grants your petition, your records will be sealed, and you'll receive a court order confirming the sealing. The hearing is a pivotal moment where legal representation can make a significant difference. It's important to have a knowledgeable criminal defense attorney by your side throughout this process. As someone who has handled over 300 trials and 1,000 contested hearings, I understand the nuances of the legal system and can advocate effectively on your behalf. My goal is to make the process as smooth as possible, providing you with the best chance of having your records sealed.
The Benefits of Sealing Your Records
Sealing your records offers numerous benefits. One of the most significant advantages is the ability to move forward without the constant reminder of past mistakes. When your records are sealed, you can truthfully state on job applications, rental applications, and other forms that you do not have a criminal record. This can open up new opportunities and help you rebuild your life. The relief from past mistakes can have a profound effect on your prospects. In addition to improving your prospects, sealing your records can also provide peace of mind. Knowing that your past is not readily accessible can alleviate stress and anxiety, allowing you to focus on your future. Whether you're dealing with financial crimes, retail thefts, or other offenses, sealing your records can provide a fresh start. The psychological benefits of sealing your records can be just as important as the practical ones.
For those who want to be involved in every decision of their criminal defense case, I'm here to guide you through the process. If you prefer to place the entirety of the case and decision-making in my capable hands, you can feel confident that I'll handle it with the utmost care and dedication. Every case I handle is tailored to each client's unique situation, providing bespoke strategies that address their specific needs. My approach to representation means that your individual circumstances are always at the forefront of the process.
Challenges and Considerations
While sealing your records can offer many benefits, it's not without its challenges. The process can be time-consuming and requires careful attention to detail. Any mistakes in the petition or during the court hearing can result in a denial of your request. Being meticulous in preparing your petition is vital for success. Additionally, even if your records are sealed, certain entities, such as law enforcement and some government agencies, will still have access to them.
It's important to understand the limitations of record sealing and manage your expectations accordingly. Sealed records are not entirely erased, and this distinction is important to remember. Working with a criminal defense attorney can help you work through these challenges. With my background as an Assistant State's Attorney and my extensive experience in criminal defense, I can provide the guidance and support you need to successfully have your records sealed. Having experienced legal representation can greatly improve your chances of a favorable outcome.
Moving Forward
In summary, the ability to get your records sealed in Illinois depends on various factors, including the type of offense and the details of your case. By working with a knowledgeable criminal defense attorney, you can get through the process and improve your chances of success. Whether you're dealing with financial crimes, violent crimes, retail thefts, or other offenses, sealing your records can provide a fresh start and help you move forward with confidence. The journey to sealing your records begins with understanding your options and taking decisive action.
I view representation as a personal engagement, not something formulaic. I'll work closely with you to understand your unique situation and develop a tailored approach to sealing your records. If you're considering having your records sealed, don't hesitate to reach out to my office, Mockaitis Law Group LLC, in Oswego, Illinois. I proudly serve Chicago’s west suburbs including Kendall, Kane, DuPage, Grundy, and DeKalb counties. The process can be challenging, but with the right guidance, it's possible to achieve a fresh start. Whether you want to be part of every decision or prefer to leave the decision-making in my hands, I'm here to provide the support and expertise you need. My commitment to personalized service means that you'll always receive representation that fits your specific needs.