Why Aren’t More Illinois Residents Petitioning to Seal or Expunge Their Criminal Record?

Every so often my powers of persuasion fail me and I am unsuccessful in convincing someone of the value of expunging and sealing their criminal record. One person, in particular, is always top of mind.

Ian and I crossed paths shortly after he got fired. At the time, Ian was focused on suing his former employer for wrongful termination. Knowing that Ian was not going to get his job back, I tried to convince him to get his criminal record sealed.

It had been years since Ian last looked for a job. I explained to him that job offers were often contingent on “passing” a criminal background check. After multiple attempts to persuade Ian, I gave up trying to convince him. At the time, I joked that it was because Ian (like me) had been born under the Taurus zodiac sign. He was stubborn as a bull.

Few Illinoisans Seal or Expunge their Criminal Records 

According to a Santa Clara University law review article published earlier this year, it seems that Ian has lots of company.

The Illinois Second Chance Expungement/Sealing Gap https://dx.doi.org/10.2139/ssrn.4406408 found that a significant portion of Illinois residents haven’t expunged or sealed their criminal background. The article estimates that only 10% of people who have a criminal conviction in Illinois have sealed their criminal record.

The Cost of Not Clearing One’s Criminal Record

Nationally, it is estimated that individuals convicted of a misdemeanor experience $5,100 in annual lost earnings. For individuals convicted of a felony, annual lost earnings rise to $6,400. Estimating the Earnings Loss Associated with a Criminal Record and Suspended Driver’s License (2022).

So why don’t more people clear their backgrounds in Illinois? The most likely explanation is a lack of awareness. A common misconception is that criminal records disappear after a certain number of years passes. While others, familiar with the law, still believe they are not eligible to expunge or seal, relying on the law’s eligibility guidelines in effect prior to August 2017 -- when the law was expanded to help more people.  

Whatever the reason(s), it is important to drive home the importance of getting rid of one’s criminal record. As I often tell people: there is no downside to expunging and/or sealing a criminal record. On the other hand, the benefits of doing so are immeasurable. I’ve had clients tell me, in the immediate aftermath, that they felt lighter. Others experienced greater confidence when interviewing for a job.

After losing contact with Ian for several years, he recently got back in touch with me earlier this year. Again, I reminded him that we needed to work on getting his background sealed and expunged. This time, he didn’t immediately say no. He said, “We’ll see.”