Recently, for the first time I had to tell a prospective client that he couldn’t seal his felony conviction – and not because the offense he was convicted of was ineligible to seal. Rather, the individual could not seal his conviction because he’d previously sealed two felony convictions on his record.
Unlike misdemeanor offenses -- where there’s no limit on how often you can petition to seal -- there is a limit on how often you can seal a felony conviction in Illinois.
Read MoreLast year I alerted readers to the fact that the Cook County Circuit Court Clerk’s (Clerk’s) office failed to mail out an unknown number of expunge and sealing orders for processing by the Illinois State Police (ISP) and police. If you had a petition to expunge or seal granted in Cook County in 2020 or 2021 and never received letters from the ISP or police telling you that your court order was processed, the most likely explanation: the Clerk’s office never mailed out your order(s). That means your record(s) were never expunged or sealed.
Read MoreOne of the thorniest issues people face who have a criminal record is that it is near impossible to remove all public references to their case if it received press coverage -- be it a mugshot, a blurb in the local paper’s police blotter, or more extensive coverage. Expunging or sealing a record will not eliminate these references.
Read MoreA recent mistake found on a client’s job-related criminal background report highlights how some Illinois employers still aren’t providing these reports to job applicants and employees, even though existing state and federal laws require them to do so.
Read MoreIllinois Sentencing Policy Advisory Council will hold its last on-line public hearing on September 29, 2022. Anyone interested may watch the hearing, submit written comments (due by September 26, at 5:00 pm CST) or sign up to speak for three minutes at the hearing.
Read MoreBefore August 24, 2017, when someone asked me if their criminal record could be sealed, as long the waiting period sealing a criminal record in Illinois had run out and the person had an eligible offense, my answer was usually an unequivocal “yes.” Today, my answer now depends on the nature of the offense -- especially when it involves a crime of violence.
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