{ March 11th, 2011 }
Misinformation and Misunderstandings about Expungement/Sealing VERY Common

Misinformation and Misunderstandings about Expungement/Sealing VERY Common

(Part One of an Ongoing Series)

By: Rachael Temes

It is amazing how many people contact our law firm with incorrect beliefs about expungement or sealing of their criminal record based on what other people (in some cases lawyers) have told them.

For example, one caller recently told me, “You know, the FBI never expunges or seals anything on your record.”

This is absolutely untrue.

Actually, when an Order to Expunge (or Seal) is entered, it is sent to the Illinois State Police. They are responsible for clearing their database and then contacting the FBI to expunge the record.

I personally call the Illinois State Police for each of our expungement/sealing clients and verify that the FBI has cleared their record(s).  Individuals that have had court orders entered to expunge or seal their records will not receive a letter or other type of notification directly from the FBI, but they can verify with the Illinois State Police that the FBI has cleared the record.

For those people that are extremely concerned about having a clean FBI record, they can wait until the expungement/sealing process is done and request a copy of their FBI record to ensure that nothing shows up.

There is also a great deal of confusion surrounding what it means to “seal” a criminal record.  Many people are concerned that future employers are still going to be able to access a sealed record, and thus think sealing is pointless.

Sealing criminal records is virtually as good as expunging criminal records, for the majority of people.  Most people want to expunge their criminal records because they don’t want an arrest/conviction to show up on a background check for employment, tenant screening, etc. Once a criminal record is sealed by a court order, it is not accessible to the public any longer – which means that a background check will not reveal the records once they have been sealed.  This is the same end result as expungement!  The records may still exist, but the public cannot access them.

Additionally, it is illegal for employers to ask about expunged or sealed records.  Once the records are expunged/sealed, they are not allowed to be considered as part of the hiring process. Only law enforcement and State’s Attorneys/Prosecutors can access sealed records. (A judge can also order the record unsealed; however, this is a rare situation that most people don’t need to worry about.)

If you have a criminal record, you should determine if you can expunge or seal it, and then petition to do so.  If your cases were in Illinois, you can call our office at 312-981-1414 and we can assist you with determining your eligibility to clear your record.

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