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 What is the difference
between expunging and
sealing?
I was found not guilty. Do I still need to have my record expunged? (more)
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 The Law Firm of
Tamara N. Holder, LLC
19 South La Salle Street
Suite 1500
Chicago, Illinois 60603
toll free: 1.877.XPUNGED
phone: 312.981.1414
fax: 312-332-4629
email: info@xpunged.com |
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| Q: |
I paid you the $200 for my background check. Now what? | |
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| A: |
Your record will be sent to our firm. We will also do a background check in the County in which you were arrested. Then, we will review your record and determine if any of your arrests and/or convictions are expungeable or sealable. | |
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| Q: |
You have determined that my arrest and/or conviction is expungeable and/or sealable. Now what? | |
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Our firm will contact you. You then have the option of paying additional attorneys fees (price depends on the county where we file) + court costs for the filing. | |
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| Q: |
You have determined that my arrest and/or conviction is NOT expungeable or sealable. Now what? | |
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You now have an answer. Although you may be disappointed, at least you now know that you have a record that cannot be cleared. No more wondering! | |
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| Q: |
What is the difference between expunging and sealing? | |
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Expunged: The arresting agency (example: Chicago Police), the Illinois State Police will physically destroy your record, as if it never existed. The Clerk's Office will seal your record and remove it from the electronic index. It's as if if never existed!
Sealed: The arresting agency (example: Chicago Police) will physically destroy your record, as if it never existed. The Illinois State Police and the Clerk's Office will seal your record and remove your name from the electronic index. Only a judge can order for the public to view the record.
It is no longer available to your employer or other members of the public, but it can still be seen by law enforcement agencies. | |
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| Q: |
I was found not guilty. Do I still need to have my record expunged? | |
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| A: |
Yes. Your criminal record contains all your arrests, whether you were found guilty or not. | |
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Once my record is expunged or sealed, do I have to tell employers about it? | |
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No, and it is against the law for employers or potential employers (except law enforcement, States Attorneys, the State Police, and the Department of Corrections) to ask you whether you ever had any records expunged or sealed. | |
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| Q: |
After several years, isn’t my record automatically expunged? | |
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There is no such thing as an “automatic” expungement. Once you get arrested, you will have an arrest record, even if you were never charged, or if the case was dismissed and even if you were found not guilty. | |
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| Q: |
If my case was dismissed, is there anything to expunge? |
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Once you are arrested, you have a record. If you want the record of your arrest expunged, you must be proactive and take it upon yourself to expunge the record. |
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| Q: |
I was wrongly arrested to begin with do I still need to get expunged? |
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Unfortunately, the Criminal Identification Act makes no distinction between those who have ”good” arrests and “bad” arrests. There is still an arrest on your record until you have it expunged. |
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I was told that if I completed my supervision, I wouldn’t have a record. So how come I still have a record? |
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You were likely told that you wouldn’t have a conviction on your record. Supervision is not considered by the courts to be a conviction, so if you completed it, you don’t have a conviction on your record. However, you still have a record–namely, the arrest and the charges. |
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| Q: |
Now that the petition to expunge/seal is filed, is my record is clear? |
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No. The agencies have 30 days to object to an expungement and 90 days to object to a sealing. Even after that period of time has elapsed, the process is not complete. The petition must make it on the judge's docket, which may take months, depending on the size of the jurisdiction. Be patient! |
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