{ March 17th, 2011 }
Limitations To Expungement, Sealing of Criminal Records is Important

By: Kelly Cass

During the early morning hours of Sunday, March 13, New York City Police responded to a 911 call for what they believed was a relatively routine domestic incident: a woman had a fight with her ex-boyfriend and she was worried about her safety.

When four officers arrived on the scene, the woman told them she had gotten into a fight with her boyfriend, George Villanueva, stating he threatened to kill her.

The police escorted the woman to her boyfriend’s apartment (so that she could positively identify him) and an officer placed one of his wrists in handcuffs. While Mr. Villanueva was being placed in custody, he allegedly pushed NYPD officer Alain Schaberger over the stoop’s railing. Officer Schaberger fell to his death, breaking his neck.

Domestic violence complaints and arrests are not uncommon.

At our firm, we have many clients who want to expunge or seal their misdemeanor Domestic Battery arrest or conviction that was the result of an argument with a significant other or spouse.

Regardless of what happened that led to the arrest or who was at fault, the bottom line is: even a dismissed arrest is on your criminal record.

Also, it is important to understand that expungement and sealing of your record is at the sole discretion of the judge.  So, just because you have a record of dismissed cases, does not mean the judge will grant the expungement or sealing. To a judge, multiple arrests, even if dismissed, may show a pattern of a disregard for the law and dangerous, violent behavior.

We also frequently see client’s who were sentenced to court “supervision” for a misdemeanor battery or domestic battery case. Supervision is technically a non-conviction in Illinois; however, if you have other convictions on your criminal record, you cannot expunge or seal your supervision for the violent crime. That’s just how it works – that’s the law.

According to WABC New York, “Villanueva has been involved in at least 22 prior domestic violence incidents with his mother and girlfriend.” Clearly, a record this long shows a pattern of violent behavior; however, many judges are wary about sealing or expunging the record of someone with just a few dismissed arrests.

Again, the judge gets to decide if he or she is going to grant your expungement or sealing, even if the law says you are eligible. And, if you aren’t eligible or if the judge denies your request to expunge or seal, your last resort is to seek a Governor’s pardon.

Understanding Illinois’ record clearing law can be confusing, that’s why it’s important to retain an attorney who focuses on this type of work.

If you have any questions pertaining to your background, please call 312-981-1414.

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