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Illinois Record Expungement And Sealing FAQFrequently Asked Questions

We have all of the answers regarding expunging or sealing a record in Illinois. Our expert attorneys have compiled all of the questions that we get asked most frequently onto one page. If your question is about eligibility for record expungement or sealing then you can take our free online eligibility test to quickly and easily find out the answer. If you are ready to clear your record, please visit our Illinois record expungement or record sealing pages. If your question wasn't answered in the FAQ, just ask it in the comments below and one of our attorneys will answer it for you!

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Comments (10)

Topic: Illinois Record Expungement and Sealing FAQ
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Michael W.
8th December 2015 11:13am
My new employer just found out that I had a case expunge, in order to keep my employment he wants a copy of the court disposition papers, and he is accusing me of lying on the application saying I was never arrested. My lawyer at the time told me I never have to disclose that.
Depending on who your employer is, most employers can not legally ask about expunged cases and you do not have to disclose it to them. I am unsure how the employer discovered you had a case expunged, but you may want to provide a copy of the expungement order to him if he is requesting documentation. You can also let him know that your case is legally treated as though it never occurred and he cannot require you to disclose it or take negative employment actions against you because of that case.
15th April 2015 8:25pm
Will I be drug tested during the expungement process?
For certain types of cases, you must pass a drug test within the 30 days prior to filing the petition and submit the results with the petition.  This requirement only applies if you are seeking to expunge a felony record for which you received and completed qualified probation, if you are petitioning to seal a felony drug offense or if you are eligible for a sealing on the basis of having a received a Certificate of Eligibility for a record sealing from the Prisoner Review Board. (20 ILCS 2630(d)(3))
11th December 2014 9:49am
Many of my TANF clients have backgrounds that prevent them from seeking training and jobs in certain careers. Would it benefit them to include a letter to the Judge explaining they are trying to better themselves and get their lives together?
Jenna Thorne
11th December 2014 12:49pm
Yes, when filing for an expungement or sealing in Illinois, it can be very beneficial to include supporting documents. Under the statute, the court can consider various factors when deciding to grant or deny the expungement, including the individual\'s age, criminal history, employment history and the specific adverse consequences he or she may be subject to if the petition is denied. Submitting evidence that documents what they have accomplished since the offense and how the offense is holding them back should definitely be submitted for the court\'s consideration.
16th September 2014 5:37pm
My sons case was expunged more than two months ago. We just ran a background check and his second one showed up on one of the services. What should be do? We are planning to write them and inform them of the expungement. Are they required to remove his record? Is there a provision of the act that states that?
16th September 2014 5:55pm
I am sorry to hear that. Getting the record expunged at the court is only half of the battle. Most commercial background check companies only update their records about once a year, which means expunged or sealed records can still be reported on background check reports. You can proactively notify them about the expungement and they will update their reports. If you would like us to make sure that your son's record does not appear on more than 600 background check reports, please read about this service: http://www.recordgone.com/expe...
20th August 2014 6:36am
I'm looking to get my records sealed. Will I be able to pass a finger print scan in Illinois once my record is sealed? Also, would a conviction in Michigan show up here on a finger print scan?
20th August 2014 5:19pm
Any answer to whether a person will pass a background check will depend on what the person evaluating the background check is looking for and what appears on the background check. So, without knowing what criteria is being considered and what is on the record, it is impossible to answer your question. The FAQ above lists the agencies that can still access sealed records without a court order. Your second question depends on the type of fingerprint scan. If it is used to produce a rap sheet in Illinois, only records in Illinois should appear on it. However, if the scan is used for a federal search, it is likely that a criminal record in Michigan (or any other state) will appear on the report.
2nd August 2014 6:46am
I plead guilty in 1991 under Illinois code 720 ILCS 5 / 12_26. My attorney, judge, and State offered me a plea deal and I took it. However, the charge was to be reduced after completion of probation. Can I go back to court and have this class 2 felony reduced?
Jenna Thorne
4th August 2014 7:27pm
Because your case is not eligible for an expungement and Illinois does not have a widely used mechanism available to reduce felonies, your best option would be to obtain a copy of all of the court documentation to review your original plea deal. If the plea bargain did include that it would be reduced and it has not been, you could then have an attorney attempt to have the terms of the contract (plea bargain) enforced, because in that situation the state would have essentially breached the contract. However, if reduction was not explicitly in the terms of the plea deal, getting a felony reduced after all of this years would be extremely difficult and rare.

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