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Chapter 1 — Expungement and Sealing: A Lawyer’s Guide - I. [1.1] Legislative History
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II. [1.2] Expungement and Sealing - Expungement
- [1.3] What Can Be Expunged?
- [1.4] What Cannot Be Expunged?
- [1.5] When Can Records Be Expunged?
- [1.6] Discretionary Nature of Expungement
- [1.7] Special Cases
- [1.8] Pardoned Convictions
- [1.9] Factually Innocent
- [1.10] Sealing
- [1.11] Sealable Records
- [1.12] What Can Be Sealed?
- [1.13] What Misdemeanors Cannot Be Sealed?
- [1.14] The Special Case of Felony Records
- [1.15] Partial Sealing
- [1.16] Provisions Unique to Sealing
- [1.17] When Can Records Be Sealed?
- [1.18] Original Sealing Provisions and the Statewide Dilemma with the Illinois State Police’s Refusal To Comply with Court Orders
- [1.19] Procedure for Expungement and Sealing
- [1.20] Filing and Contents of the Petition
- [1.21] Service of the Petition
- [1.22] Objection Period and Hearings
- [1.23] Entry of the Order
- [1.24] Service of the Order
- [1.25] Motions To Vacate, Modify, or Reconsider
- [1.26] Verification of Compliance
- Effect of Orders To Expunge and Orders To Seal
- [1.27] Effect of an Expungement
- [1.28] Effect of Sealing
- [1.29] The Illinois Human Rights Act
- III. [1.30] Getting Started
- IV. [1.34] Forms for Expungement and Sealing
- Chapter 2 — Juvenile Expungement
- I. [2.1] Introduction
- II. [2.5] What Are Juvenile Records?
- III. Law of Juvenile Expungement
- [2.6] What Can Be Expunged?
- [2.7] Category 1 Records
- [2.8] Category 2 Records
- [2.9] Expungement Review
- When Is It Expungeable?
- [2.10] Category 1 Records
- [2.11] Category 2 Records
- How Does a Youth Learn About Expungement?
- [2.12] Responsibility of Arresting Agency
- [2.13] Responsibility of Court
- [2.14] Responsibility of Clerk of the Court
- [2.15] Responsibility of Counsel
- IV. Expungement Procedure
- V. Additional Resources
- Chapter 3 — Expungement and Sealing in Cook County
- I. Introduction
- II. [3.3] How To Obtain Complete Criminal Records
- [3.4] When All Arrests Took Place in Chicago
- When All Arrests Are in Suburban Cook County
- [3.5] Obtain and Review Illinois State Police Rap Sheet
- [3.6] Obtain Additional Records for Non-Convictions
- [3.7] From the Arresting Agencies
- [3.8] From the Clerk’s Office Public Access Terminal
- [3.9] From the Court File
- [3.10] When Arrests Are in Both Chicago and Suburban Cook County
- [3.11] Illinois State Police Access and Review
- III. [3.12] Court Forms
- [3.13] Cover Sheet
- [3.14] Notice of Filing
- [3.15] The Applicable Petitions
- [3.16] How Many Petitions To Prepare
- [3.17] Petition To Expunge and Impound Criminal Records
- [3.18] Petition To Seal Criminal Records
- [3.19] The Corresponding Orders
- [3.20] Affidavit in Support of Petition To Expunge or Seal
- [3.21] Suing or Defending as an Indigent Person
- IV. Filing
- V. [3.30] When a Court Appearance Is Required
- VI. Presenting the Petition at Hearing
- [3.31] Factors Guiding the Court’s Decision
- [3.32] Notification of Objections
- [3.33] Conduct of the Hearing
- [3.34] Petitioner’s Affirmative Statements
- [3.35] The Strength of the State’s Case Against the Petitioner
- [3.36] The State’s Reasons for Wishing To Retain the Records
- [3.37] The Petitioner’s Age
- [3.38] The Petitioner’s Criminal Record
- [3.39] The Petitioner’s Employment History
- [3.40] The Length of Time That Has Elapsed Between the Arrest and the Filing of the Petition
- [3.41] The Specific Adverse Consequences the Petitioner May Endure Should the Petition Be Denied
- [3.42] Other Positive Factors
- Common Objections and Responses
- [3.43] Procedural Objections
- [3.44] Statutory Objections
- [3.45] Conviction on Petitioner’s Record Bars Expungement
- [3.46] Waiting Period Has Not Elapsed
- [3.47] Ineligible Charge
- [3.48] Prior Sealing of Class 4 Felony Convictions
- [3.49] Discretionary Objections
- [3.50] Pattern or Practice of Behavior
- [3.51] Likelihood of Actual Guilt/Strength of the State’s Case
- [3.52] Nature of the Offense
- [3.53] History of Substance Abuse or Alcoholism
- [3.54] Recent Arrests or Pending Cases
- VII. [3.55] Cases with Companion Orders of Protection
- VIII. [3.56] Client’s Petition Is Denied
- IX. Appendix
- Chapter 4 — Criminal Identity Theft
- I. [4.1] Introduction
- II. [4.2] Criminal Identity Theft and Expungement
- III. [4.10] When the Client Has Been a Victim of Criminal Identity Theft
- IV. [4.15] Collateral Damage
- V. [4.24] Conclusion
- VI. Appendix
- [4.25] Notice of Petition for Expedited Judicial Determination of Factual Innocence/Identity Theft
- [4.26] Order To Seal Arrest Record and Judicial Determination of Factual Innocence/Identity Theft
- [4.27] Petition for Correction of Record and Determination of Mistaken Association with a Criminal Offense Due to Identity Theft
- [4.28] Motion To Quash Arrest Warrant Due To Mistaken Association with an Offense as a Result of Criminal Identity Theft
- Chapter 5 — Beyond Legal Mechanisms — Employment, Housing, and Other Related Critical Support
- I. [5.1] Introduction
- II. Felon Stigma Primer
- III. [5.4] The Case for Civic Engagement Through Education of People with Criminal Records
- IV. Employment
- [5.9] General Barriers
- Employment Issues To Review with Client
- [5.10] Review Criminal Background Check
- [5.11] Impact of Criminal Record on Specific Industries
- [5.12] Discussing Criminal History with Employers
- [5.13] Hiring Incentives Available to Employers
- [5.14] Immunity for Employers Hiring Employees with a Certificate of Rehabilitation
- [5.15] Tax Incentives
- [5.16] Bonding
- [5.17] Other Financial Assistance
- [5.18] Support Organizations
- [5.19] Disincentive to Employers — Employer Liability
- [5.20] Employment Rights of People with Criminal Records
- Preparation for Job Market
- [5.21] Getting Assistance
- [5.22] Civic Engagement
- [5.23] State Identification
- [5.24] Employment Information Sources
- V. Housing
- VI. [5.28] Education Finance
- VII. [5.29] Public Benefits Restrictions
- VIII. [5.34] Military Service
- IX. [5.35] Voting and Political Engagement
- Chapter 6 — Pardon and Expungement
- I. [6.1] Introduction
- II. [6.2] History
- III. [6.3] What Is Executive Clemency?
- IV. [6.4] What Type of Crime Can Be Pardoned?
- V. [6.5] When Can a Pardon Be Requested?
- VI. [6.6] How Much Does the Clemency Petition Cost?
- VII. [6.7] Must the Petition Be Prepared by an Attorney?
- VIII. [6.8] How Often Are Petitions Considered?
- IX. [6.9] What Must Be Included in the Petition?
- X. What Happens If Clemency Is Granted?
- Chapter 7 — Blueprint for Progress: How Illinois Empowers Rehabilitated People with Criminal Records
- I. [7.1] Introduction
- II. Illinois’ Approach to Collateral Consequences of Conviction
- III. [7.4] Eligible Offenses and Employer Immunity
- IV. [7.7] Legal Effect of Certificates of Rehabilitation
- V. [7.8] The Uniform Model Penal Code and the Restoration of Rights
- VI. [7.9] Executive Pardon Power
- VII. [7.10] The Free Advisory Opinion from the Department of Financial and Professional Regulation
- VIII. [7.11] Conclusion
- Index
- List of Forms
- Jack Coladarci
Jack Coladarci
Jack Coladarci is a Partner with Coladarci and Coladarci in Chicago, where he concentrates in family law, post-conviction relief from the civil effects of criminal judgments, and disciplinary and licensing proceedings before the United States Equestrian Foundation. He received his B.A. from Kenyon College and his J.D. from Washington University in St. Louis School of Law.
- Christie E. Fischer
Christie E. Fischer
No bio available.
- Beth A. Johnson
Beth A. Johnson
Beth A. Johnson is a Partner at the Rights and Restoration Law Group, LLC in Chicago, where she focuses on criminal records. She is a member of the Illinois State Bar Association. She received the Esther R. Rothstein Award from the Lawyers Trust Fund of Illinois in 2018 and was selected as the Chicago Community Trust Emerging Leader Fellow in 2014. Ms. Johnson received her B.S. in Political Science from the University of Iowa and her J.D. from DePaul University College of Law.
- Marjie M. Nielsen
Marjie M. Nielsen
Marjie M. Nielsen is the Managing Attorney at Next Step Legal Services in Chicago, where she focuses on criminal records relief and family law. She is a member of the Chicago Bar Association and has been a presenter at the IICLE® Criminal Law Short Course. She received the Public Interest Law Initiative (PILI) Intern Alumni Award in 2013. Ms. Nielsen received her B.A. in English and Political Science from Northwestern University and her J.D. from Northwestern University School of Law.
- Michael Sweig
Michael Sweig
Michael Sweig is a criminal justice reform lobbyist, teacher, speaker, and the founder of the nonprofit Citizens’ Institute for Law and Public Policy. He is a coauthor of the amicus brief on behalf of the Citizens’ Institute for Law and Public Policy, In re Application of Joseph V. Libretti, Jr., which was decided October 22, 2015; an author and principal lobbyist of P.A. 98-1114, the Incentivized Education and Family Support for Community Corrections Amendments, signed into law August 26, 2014; and coauthor of “Moving the Box” by Executive Order in Illinois, a law review article published by DePaul Journal for Social Justice in 2010. Mr. Sweig was a finalist for the 2013 and 2014 International Redemption and Justice Award, and in September 2010 was appointed by Illinois Senate President John Cullerton to the Illinois Criminal Justice Information Authority Task Force on Inventorying Employment Restrictions. He is a member of the Academy of Legal Studies in Business, International Law Section, and a Reviewer for American Business Law Journal. Mr. Sweig received his B.A. from the University of California, Santa Cruz, and his J.D. from De Paul University College of Law.
- Kenneth D. Tupy
Kenneth D. Tupy
Kenneth D. Tupy was the Chief of the Felony Division in Sangamon County for seven years. He became legal counsel for the Republican House of Representatives in Criminal Law and was the attorney for the House Judiciary Committee, Prison Reform Committee and the Juvenile Court Act. He became Chief Legal Counsel for the Prisoner Review Board until 2016 when he was appointed as a member of the Prisoner Review Board.
Criminal Records (Illinois): Expungement and Other Relief (ARCHIVED 2013 EDITION)
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