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.