Criminal Law Questions? Ask a Criminal Lawyer.
An arrest from even 10 years ago will still show up if a potential employer conducts a background check.
However, the law prohibits employers from considering any expunged or sealed records, and from asking whether you ever sealed or expunged any records. To expunge or seal your criminal record, you must file a Petition in the county where you were arrested or where you had your court case.
You will have to pay to file your Petition, or get that fee waived. When you file, ask the Clerk if a court date is required. Some counties don't require one; others do. Make sure you know how your county does it.
Four places must get a copy of your Petition:
If you just want to seal your records, the Clerk mails copies to those people for you. If you want to expunge, the law doesn't say who does the mailing, so check with your Clerk to see if they do it for you. If they don't do the mailing, you must. Those four places have 30 days to object to a Petition to Expunge, and 90 days to object to a Petition to Seal.
If you file a Petition to Expunge, and a court date is required, you must also mail a notice of that hearing to the four people listed above. The Appellate Defender's website has a notice you can use. If a hearing is required on a Petition to Seal, the Clerk sends the required notice.
At a hearing, or after the time for objecting has passed, a judge will review your request. Even if nobody objected, your Petition can be denied. If, however, your Petition is granted, the Clerk seals their records, and sends copies of the Judge's Order to the arresting agency and to the Illinois State Police. The State Police then notify you they need $60 to complete the expungement or sealing. The arresting agency may also charge a fee. About 45 days after the State Police get your fee, you will get a notice that your records have been expunged or sealed.
I hope this helps, good luck!
If I have answered your question, please click accept so that I can earn credit for my answer.
Legal Disclaimer: The answer provided herein is for informational purposes only and should not be considered legal advice. The information, research and opinions set forth above are limited to the facts presented in the question and no guarantee is made regarding the adequacy or accuracy of the answer. The answer provided does not infer or imply the establishment or acceptance of any attorney-client relationship. No claim is made that I am licensed to practice law in the state or jurisdiction where this information is being provided and you should always seek legal counsel admitted to practice in your local jurisdiction for representation and advice on any legal matter.
It goes back to when the incident happened.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).