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Clearing your record, when possible, can make a big difference in your life. It can help you get a job, keep your job, or otherwise move on from something that happened in your past.
- Sealing vs. expunging. These terms both refer to clearing up your record, but they mean slightly different things. Sealing a record hides it from the general public. Most employers can’t see a sealed record when they do a background check. However, some employers can, as well as law enforcement. An expungement technically deletes the record rather than just hiding it, however law enforcement still may have access.
- Nothing happens automatically. If you want to clean up your record, you have to take action. When a case gets dismissed in court or you are found not guilty, your record will still carry information about your arrest and charges. Start with the local police department and request a copy of your record.
- Other things on your record matter. Expungement is generally available for cases in which you were found not guilty or cases that were dismissed or ended in court supervision. However, if you have other convictions on your record, you are usually ineligible for expungement. You may be able to seal part of your record, however.
- The law is very specific. Even if you are eligible to seal or expunge parts (or all) of your record, there is usually a waiting period. Also, there are exceptions. For example, a DUI cannot be sealed or expunged in Illinois, even if it ended in court supervision. Talking to an attorney is important because your individual charges, the outcome and any past record all are relevant.
- The law might be changing in Illinois. In general, felonies cannot be sealed. Illinois law has some exceptions to this rule. Some class 4 felonies for drug possession and prostitution, for example, can be sealed. In addition, some legislators have been pushing to add more things to this list.
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Written by Michael Helfand