If You Were Arrested in Illinois, You Have a Criminal Record

When potential clients call me, I regularly hear, "I was told that this would no longer appear on my record but it came up on a background check." The bottom line is if you were arrested, you have a criminal record. You must take some sort of action to have it removed. If no action has been taken, the record will remain and appear on a simple background check.

Criminal records are created in several different ways. The State’s Attorney can file a complaint or obtain an indictment through a grand jury, and a warrant will be issued for your arrest. You can receive a ticket, show up to court, and be charged with an offense. You can also be arrested. A criminal record is created in each of these scenarios. Regardless of the outcome, once a criminal record is created, you must have it removed.

Expungement in Illinois results in the record being destroyed. Once a record is expunged, it is as if the offense never happened. To determine if a record can be expunged, the Law Offices of Hannah Garst will look at the sentence you received or how the court dismissed the case. Sealing in Illinois results in the record no longer being visible by most employers or other members of the public. However, employers who are legally required to conduct fingerprint background checks can view sealed felony convictions, but they cannot see sealed misdemeanor convictions or sealed cases not resulting in convictions. Sealed records may be seen by law enforcement agencies.

If you meet the criteria for expungement or sealing, the Law Offices of Hannah Garst will prepare a petition to be filed in the county where the record was created. Expungement and sealing are discretionary and never automatic. Once the petition is filed, the State’s Attorney, the Village Prosecutor, and the Illinois State Police have 60 days to object to the petition. In many counties, if no objection is filed, the petition is granted. Some counties require a hearing regardless of any objection. If a party objects or a hearing is required, the Law Offices of Hannah Garst will present your petition to the court along with evidence that supports your expungement. We will guide you through the expungement process and ensure that you receive the best possible representation by an experienced attorney. Call the Law Offices of Hannah Garst for a free consultation to determine your eligibility.

Updated- Cook County State's Attorney Must Give Notice to Parties of Any Objection

On March 9, 2021, Hannah Garst, obtained a favorable ruling for her client and the people of Cook County who want to expunge or seal their records. Up until this point, the Cook County State’s Attorney had taken the position that it need not provide notice to the parties of any objection it files with the clerk’s office. Following the state’s attorney’s objection, a court hearing is required. This lack of notice has affected petitioners in a myriad of ways, including being blindsided when they show up for court and unprepared to address the objection or waiting for a decision for months and not realizing an objection has been filed and a hearing date has not been assigned.

The First Municipal District ruled that based upon the rules of the Illinois Supreme Court and the Cook County Circuit Rules, the state’s attorney’s office must notice all parties of record at the time that they file their objection with the clerk (objections are required to be filed within 60 days of the state’s attorney’s receipt of the petition). Petitioners will now have the opportunity to be prepared for any hearing prior to the hearing occurring. If the state’s attorney fails to notice the parties of record, a motion to strike the objection may be filed.

On April 29, 2021, the Illinois Appellate Court for the Third District considered a similar case and concluded that the State could not participate in the expungement hearing because it had not filed a written objection within the statutory deadline. Ackerman v. Illinois, 2021 IL App (3d) 200169, ¶ 11 (Apr. 29, 2021). The Appellate Court further stated that “the trial court could not entertain the arguments of any objector, and likewise, [the petitioner] was not entitled to notice or the opportunity to participate in a hearing. In this circumstance, the trial court is required to rule solely on the basis of the petition.” Id.

The Law Offices of Hannah Garst, P.C. will vigorously represent you and ensure that your rights are asserted. If you have any questions about expungement or sealing petitions or hearings after objections, contact the Law Office of Hannah Garst, P.C. for a free consultation.

Why has my marijuana case not been automatically expunged?

Since June 2019, Illinois has been in the process of automatically expunging minor cannabis offenses. Many clients have been wondering whether they qualify for automatic expungement. First, the criminal record of cannabis offenses that will be automatically expunged include those that included an arrest, an order of supervision, or an order of qualified probation for an offense committed before June 25, 2019. If your case involved any other outcome, it is unlikely to be automatically expunged, and you must file a petition to expunge or seal. In addition, there must be no sustained charges related to the arrest or interaction with law enforcement.

The current timeline for automatic expungement is:

1.) Arrests that occurred between January 1, 2013 and June 25, 2019, shall be automatically expunged prior to January 1, 2021

2.) Arrests that occurred January 1, 2000, and December 31, 2012, shall be automatically expunged prior to January 1, 2023

3.) Arrests that occurred before to January 1, 2000 shall be automatically expunged prior to January 1, 2025.

The Law Offices of Hannah Garst can answer questions about your record and how to proceed with expungement. Call us at (773) 248-6504 for a free assessment of your case.

Expunging and Sealing Marijuana Convictions

Marijuana arrests involving less than 30 grams are currently in the process of being automatically expunged in Illinois. However, hiring the Law Offices of Hannah Garst, P.C. can help to achieve expungement sooner. The schedule (and deadlines) for law enforcement agencies to automatically expunge qualifying offenses and records is based upon the initial date of arrest.

o    Arrests that occurred between January 1, 2013 and June 25, 2019, shall be automatically expunged prior to January 1, 2021

o    Arrests that occurred January 1, 2000, and December 31, 2012, shall be automatically expunged prior to January 1, 2023

o    Arrests that occurred before to January 1, 2000 shall be automatically expunged prior to January 1, 2025.

For more information on what cases can and cannot be expunged, click here. 

If you wish to start the expungement process today, contact the Law Offices of Hannah Garst, P.C.

Don't Let Your Past Determine Your Future- Expunge or Seal Today!

We all made mistakes in the past, but only some of those mistakes seriously affect your future. Arrests, charges, convictions, and even dismissals can wreak havoc on your life. It doesn't matter if these mistakes occurred in college over 20 years ago; the records can still be found by background check companies. These records may appear when applying for employment, housing, volunteer opportunities, and professional licenses. In many instances, these records may be expunged or sealed. Mistakes do not have to control your future. Contact the Law Offices of Hannah Garst, P.C. for a free assessment of your case. The Law Offices of Hannah Garst, P.C. has helped clients obtain expungements and sealings for both felonies and misdemeanors. Contact us today to stop letting your past determine your future.

Cook County- No Cost to File Expungement Petition in Certain Cases Through 2020

In 2019, Governor Pritzer signed into law a bill that extended the pilot program in Cook County designed to waive the filing fee for certain cases eligible to be expunged. The pilot program in Cook County, Illinois, through the Criminal Identification Act, has been extended through December 31, 2020. Certain cases are eligible to waive the filing fee of approximately $150, which includes payment to Cook County and the Illinois State Police. Eligible cases include:

• arrests resulting in release without charging (RWOC);

• charges resulting in acquittal (not guilty);

• charges resulting in dismissal (non-suit, stricken off with leave to reinstate (SOL), finding no probable cause (FNP));

• charges resulting in a conviction when the conviction was reversed or vacated;

• charges resulting in an acquittal (not guilty).

If you have ever been arrested or charged, and the case ended up being dismissed based on one of the outcomes listed above, contact the Law Offices of Hannah Garst, P.C., for a free consultation to determine your eligibility to expunge your case. Arrests or charges originating in Cook County, including the City of Chicago, may be eligible to be filed without payment of a filing fee through the end of 2020.

Sealing 101: The Basics of Sealing a Criminal Record in Illinois

Criminal records are created in several different ways. The State’s Attorney can file a complaint or obtain an indictment through a grand jury, and a warrant will be issued for your arrest. You can receive a ticket, show up to court, and be charged with an offense. You can also be arrested. A criminal record is created in each of these scenarios. Regardless of the outcome, once a criminal record is created, you must proactively petition for its removal.

When a record is sealed in Illinois, the record is no longer visible by most employers or other members of the public. However, employers who are legally required to conduct fingerprint background checks can view sealed felony convictions, but they cannot see sealed misdemeanor convictions or sealed cases not resulting in convictions. Sealed records may be seen by law enforcement agencies. 

To determine if a record can be sealed, the Law Offices of Hannah Garst will look at whether your case resulted in a conviction or non-conviction. Examples of convictions include prison or jail time, boot camp, probation, conditional discharge, time considered served or fines. Non-convictions may be usually be expunged, but convictions are limited to sealing. A limited number of misdemeanor and felony convictions remain ineligible: sex offenses, domestic batteries, violations of orders of protection, DUI, reckless driving (unless you were under the age of 25), and animal offenses. All other felonies, regardless of their class, are now eligible to be sealed.

After determining eligibility, the next question is whether the petition can be timely filed. If your case was dismissed (Nolle Prosequi, SOL, Non-suit, FNPC, FNG, or RWOC), you are eligible to file a petition immediately; there is no waiting period. If your case resulted in a conviction, the case may be sealed three years after the completion of your last sentence. The last sentence includes all cases, and the waiting period begins when your entire sentence is completed, including probation. There is one exception to the waiting period. If you earned a high school diploma, associate’s or bachelor’s degree, career certificate, vocational technical certificate, or GED while serving any part of your last sentence, you are eligible to seal your offense immediately. 

If you meet the criteria for sealing, the Law Offices of Hannah Garst, P.C., will prepare a petition to be filed in the county where the record was created. Sealing is discretionary and never automatic. Once the petition is filed, the State’s Attorney, the Village Prosecutor, and the Illinois State Police have 60 days to object to the petition. In many counties, if no objection is filed, the petition is granted. Some counties require a hearing regardless of any objection. If a party objects or a hearing is required, the Law Offices of Hannah Garst, P.C. will present your petition to the court along with evidence that supports your sealing. We will guide you through the sealing process and ensure that you receive the best possible representation by an experienced attorney. Call the Law Offices of Hannah Garst, P.C., for a free consultation to determine your eligibility.
 

Expungement 101: The Basics of Expunging a Criminal Record in Illinois

Criminal records are created in several different ways. The State’s Attorney can file a complaint or obtain an indictment through a grand jury, and a warrant will be issued for your arrest. You can receive a ticket, show up to court, and be charged with an offense. You can also be arrested. A criminal record is created in each of these scenarios. Regardless of the outcome, once a criminal record is created, you must proactively petition for its removal.

Expungement in Illinois results in the record being destroyed. Once a record is expunged, it is as if the offense never happened. To determine if a record can be expunged, the Law Offices of Hannah Garst will look at the sentence you received or how the court dismissed the case. Examples of dismissals include Nolle Prosequi, Stricken off with Leave to Reinstate (SOL), Non-suit, Finding of No Probable Cause (FNPC), Finding of Not Guilty (FNG), and Released without Charging (RWOC). Cases are eligible to be expunged if the outcome did not amount to a conviction. Examples of these outcomes include sentences of Supervision, 710-1410 Probation, TASC Probation, Second Chance Probation, and Offender Initiative Programs. Supervision for DUI, Reckless Driving after age 25, and sexual offenses involving a minor are not eligible for expungement. 20 ILCS 2630/5.2(a)(3)(A)). Upon completion of your sentence, the court must deem that it was “successfully completed” to be eligible to be expunged.

After determining eligibility, the next question is whether the petition can be timely filed. If your case was dismissed (Nolle Prosequi, SOL, Non-suit, FNPC, FNG, or RWOC), you are eligible to file a petition immediately; there is no waiting period. If you successfully completed supervision for an eligible offense, you must wait two years from the end of your sentence, the date when you completed the supervision. If you successfully completed a special program of probation, you must wait five years from the date you completed the program.

If you meet the criteria for expungement, the Law Offices of Hannah Garst, P.C., will prepare a petition to be filed in the county where the record was created. Expungement is discretionary and never automatic. Once the petition is filed, the State’s Attorney, the Village Prosecutor, and the Illinois State Police have 60 days to object to the petition. In many counties, if no objection is filed, the petition is granted. Some counties require a hearing regardless of any objection. If a party objects or a hearing is required, the Law Offices of Hannah Garst, P.C., will present your petition to the court along with evidence that supports your expungement. We will guide you through the expungement process and ensure that you receive the best possible representation by an experienced attorney. Call today for a free consultation to determine your eligibility. 

Do I need to expunge an ordinance violation?

Ordinance violations need to be sealed or expunged just like other criminal offenses. In Illinois, many villages and townships have their own village prosecutors. If you were arrested or ticketed by the local police department and charged with violating a local ordinance, you will likely be given a court date. At that point, a criminal record has been created. Regardless of what you have been told, the outcome will not affect the creation of your criminal record. It is your responsibility to have that record expunged or sealed.

When you appear in court, the village prosecutor (rather than the State’s Attorney) will be there prosecuting the case. Although you have been charged with an ordinance violation, these violations are criminal offenses. See 20 ILCS 2630/5.2(a)(1)(D). Illinois defines a municipal ordinance violation as “an offense defined by a municipal or local ordinance that is criminal in nature and with which the petitioner was charged or for which the petitioner was arrested and released without charging.” 20 ILCS 2630/5.2(a)(1)(H). In court, the outcome could include jail time, probation, supervision, specialized programs, fines, or dismissal. It is important to have representation at these hearings. Even if your case is dismissed, you will need to seal or expunge your record.

The Law Offices of Hannah Garst, P.C., can represent you at hearings for ordinance violations and assist you in sealing or expunging your record once the case is completed. Call today for a free consultation. (773)248-6504

Cook County Fee Waiver Program for Expungement is Extended Through 2018

The pilot program waiving the fee to be paid to file a petition to expunge certain cases in Cook County, Illinois, through the Criminal Identification Act, has been extended through 2018, up to January 1, 2019. Certain cases are eligible to waive the filing fee of approximately $150.92, which includes payment to Cook County and the Illinois State Police. Eligible cases include:

• arrests resulting in release without charging (RWOC);

• charges resulting in acquittal (not guilty);

• charges resulting in dismissal (non-suit, stricken off with leave to reinstate (SOL), finding no probable cause (FNP));

• charges resulting in a conviction when the conviction was reversed or vacated;

• charges resulting in an acquittal (not guilty).

If you have ever been arrested or charged, and the case ended up being dismissed based on one of the outcomes listed above, contact the Law Offices of Hannah Garst, P.C., for a free consultation to determine your eligibility to expunge your case. Arrests or charges originating in Cook County, including the City of Chicago, may be eligible to be filed without payment of a filing fee through the end of 2018. 

I have a felony conviction. Can I vote in Illinois?

Yes! Illinois is one of the states that allow people with a felony criminal conviction to vote. The only exception to this rule is if you are currently incarcerated. This includes those who have been convicted, have been sentenced or are awaiting sentencing, and are serving time cannot vote. If you are on work release or prison furlough, you cannot vote until your time is completed. However, if you are being held in jail and have not yet been convicted, you have the right to vote. The statute covering this matter may be found at 10 ILCS 5/3-5.

If you have gone to prison and lost your right to vote, you will need to re-register to vote once you are released. This can be done online, by mail, or in person at your county board election office, the library, the county clerk's office, etc. In Illinois, a convicted felon has the same right to vote as every other citizen who resides in this state. 

If you are interested in determining whether your Illinois felony conviction can be sealed, contact the Law Offices of Hannah Garst, P.C., for a free case review. 

Illinois Waiting Periods to Seal Your Criminal Record

In Illinois, any time you are arrested or charged with an offense, a criminal record is created. This is true even if the case is dropped or you are found not guilty. These criminal records can be viewed by the public, including potential employers and landlords. One way to prevent the public from viewing your record is to seal your convictions. When a record is sealed, it cannot be seen by most employers or other members of the public. However, employers who are legally required to conduct fingerprint background checks can see sealed felony convictions, but they cannot see sealed misdemeanor convictions or cases not resulting in convictions. Your record still may be seen by law enforcement agencies.

Expungement is available for non-conviction sentences (i.e. acquittals, dismissals, supervision), and sealing is available for many convictions. Convictions include sentences of probation, conditional discharge, jail or prison time, time considered served, fines or ex-parte judgments, and unsatisfactory termination of supervision or probation. Eligibility for sealing your criminal record is dependent on when the case is completed and the date of your last sentence. Clients must wait 3 years from the completion of your last sentence of any conviction to file a petition to seal your criminal record. The Law Offices of Hannah Garst can help you determine if and when you are eligible to seal your record.  

There is one exception to the waiting period. If you earned an educational diploma, degree, or certificate DURING your sentence, supervised release, or parole, you may be able to seal eligible offenses upon the termination of the last sentence.

A limited number of felony convictions remain ineligible to be sealed: sex offenses, domestic batteries, violations of orders of protection, DUI, reckless driving, and animal offenses. All other felonies, regardless of their class, are eligible to be sealed.

Contact the Law Offices of Hannah Garst, P.C., to obtain a free case review to determine your eligibility to expunge or seal your record.

Illinois Waiting Periods for Expungement

In Illinois, any time you are arrested or charged with an offense, a criminal record is created. This is true even if the case is dropped or you are found not guilty. These criminal records can be viewed by the public, including potential employers and landlords. Expungement destroys the records of arrests, court supervisions, and some types of probation. All acquittals, dismissals, and satisfactorily completed non-conviction sentences are eligible to be expunged. Expungement in Illinois results in all of the records in your case being removed and destroyed, including all records in the possession of the Illinois State Police. 

Eligibility for expungement is dependent on when the case is completed. For acquittal and dismissals, including Nolle Prosequi, Finding of No Probable Cause, and Not Guilty, there is no waiting period to file a petition to expunge the criminal record. For SOL (Stricken off with leave to reinstate) and Non-Suit, the waiting period is 160 days from the date the case was dismissed. If you received a sentence of Supervision, and you satisfactorily completed it, there is a two-year-waiting period that starts on the date you completed supervision. If the supervision resulted from a Domestic Battery, Criminal Sexual Abuse, or an Insurance Violation, the waiting period is five years from the completion of the supervision. Cases where supervision was ordered for Reckless Driving, a DUI, or a Sexual Offense Against Minors cannot be expunged.

In drug cases, courts may order different types of probation, including 710-1410, TASC, Second Chance and Offender Initiative Program, which are expungeable if the probation or program is satisfactorily completed. The waiting period for these cases is five years from the final court date following the successful completion of the probation or program. When filed, a petition to expunge must include proof of a clean drug test that was taken within 30 days of the filing date.

There is one exception to the waiting period. If you earned an educational diploma, degree, or certificate DURING your supervision, probation, or program, you may be able to seal eligible offenses upon the termination of the last sentence. Sealing the offenses limits who can view your criminal background information. This helps many clients who are not immediately eligible for expungement due to the waiting period but need a clear background check to obtain employment or housing.

Expunge or seal your record today! Contact the Law Offices of Hannah Garst, P.C., today for a free case review.