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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 Records Can Be Expunged
- [1.4] What Records Cannot Be Expunged
- [1.5] When Records Can Be Expunged
- [1.6] Special Cases Allowing for Expungement of Convictions
- [1.7] Pardoned Convictions
- [1.8] Factually Innocent and Certificates of Innocence
- [1.9] Certificates of Eligibility for Expungement
- [1.10] Legalization of Cannabis and Expungement of Cannabis Records
- [1.11] Sealing
- [1.12] What Records Can Be Sealed
- [1.13] What Records Cannot Be Sealed
- [1.14] When Records Can Be Sealed
- [1.15] Provisions Unique to Sealing
- [1.16] Immediate Sealing of Records
- [1.17] Sealing for Trafficking Victims
- [1.18] Effect of Subsequent Felony Convictions
- [1.19] Certificates of Eligibility for Sealing
- [1.20] Procedure for Expungement and Sealing
- [1.21] Filing and Contents of the Petition
- [1.22] Filing Fees and Fee Waivers
- [1.23] Other Required Documents Upon Filing
- [1.24] Service of the Petition
- [1.25] Objection Period and Hearings
- [1.26] Court Discretion in Decision To Expunge or Seal
- [1.27] Entry of the Order
- [1.28] Service and Compliance with the Order
- [1.29] Motions To Vacate, Modify, or Reconsider
- [1.30] Verification of Compliance
- [1.31] Implementation and Effect of Orders To Expunge and Orders To Seal
- [1.32] Effect of an Expungement
- [1.33] Effect of Sealing
- [1.34] The Illinois Human Rights Act
- [1.35] Occupational Licensing Protections
- III. [1.36] Getting Started
- IV. [1.40] 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] The Youth Opportunities and Fairness Act (HB 3817)
- What Can Be Expunged and When?
- [2.7] Automatic Expungement
- [2.8] Records Under 705 ILCS 405/5-915(1)
- [2.9] Records Under 705 ILCS 405/5-915(2)
- [2.10] Access and Review
- How Does a Youth Learn About Expungement?
- [2.11] Responsibility of Arresting Agency
- [2.12] Responsibility of Court
- IV. Expungement Procedure
- V. Additional Resources
- [2.24] Cook County Circuit Court Clerk
- 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
- [3.5] When All Arrests Are in Cook County
- When All Arrests Are in Illinois
- [3.6] Illinois State Police Criminal History Transcript
- [3.7] Uniform Conviction Information Act Report
- [3.8] When All Arrests Are in the United States
- [3.9] Supplementing Traditional Sources of Information
- [3.10] From the Arresting Agencies
- [3.11] From the Court Docket
- [3.12] From the Court File
- [3.13] From the Transcript
- III. [3.14] Court Forms
- [3.15] Cover Sheet
- [3.16] Notice of Filing
- [3.17] The Applicable Petitions
- [3.18] How Many Petitions To Prepare
- [3.19] Petition To Expunge and Impound Criminal Records
- [3.20] Petition To Seal Criminal Records
- [3.21] The Corresponding Orders
- [3.22] Affidavit in Support of Petition To Expunge or Seal
- [3.23] Applying for a Waiver of Court Fees
- [3.24] Rule 298 Certification for Waiver of Fees
- IV. Filing
- V. [3.33] When a Court Appearance Is Required
- VI. Presenting the Petition at Hearing
- [3.34] Factors Guiding the Court’s Decision
- [3.35] Notification of Objections
- [3.36] Conduct of the Hearing
- [3.37] Petitioner’s Affirmative Statements
- [3.38] The Strength of the State’s Case Against the Petitioner
- [3.39] The State’s Reasons for Wishing To Retain the Records
- [3.40] The Petitioner’s Age
- [3.41] The Petitioner’s Criminal Record
- [3.42] The Petitioner’s Employment History
- [3.43] The Length of Time That Has Elapsed Between the Arrest and the Filing of the Petition
- [3.44] The Specific Adverse Consequences the Petitioner May Be Subject to Should the Petition Be Denied
- [3.45] Other Positive Factors
- Common Objections and Responses
- [3.46] Procedural Objections
- [3.47] Statutory Objections
- [3.48] Petitioner’s Expungement Petition Includes Conviction
- [3.49] Waiting Period Has Not Elapsed
- [3.50] Ineligible Charge or Disposition
- [3.51] Prior Sealing of Felony Convictions
- [3.52] Discretionary Objections
- [3.53] Pattern or Practice of Behavior
- [3.54] Likelihood of Actual Guilt/Strength of the State’s Case
- [3.55] Nature of the Offense
- [3.56] History of Substance Abuse or Alcoholism
- [3.57] Recent Arrests or Pending Cases
- [3.58] Unpaid Fines and Fees
- VII. [3.59] Cases with Companion Orders of Protection
- VIII. [3.60] Client’s Petition Is Denied
- IX. Motions To Vacate
- Chapter 4 — Criminal Identity Theft
- Chapter 5 — Employment, Housing, and Other Related Critical Support
- I. Employment
- [5.1] General Barriers
- Employment Issues To Review with Client
- [5.2] Review Criminal Background Check
- [5.3] Impact of Criminal Record on Specific Industries
- [5.4] Discussing Criminal History with Employers
- [5.5] Hiring Incentives Available to Employers
- [5.6] Immunity for Employers Hiring Employees with a Certificate of Rehabilitation
- [5.7] Tax Incentives
- [5.8] Bonding
- [5.9] Other Financial Assistance
- [5.10] Support Organizations
- [5.11] Disincentive to Employers — Employer Liability
- [5.12] Employment Rights of People with Criminal Records
- [5.13] Background Checks
- Preparation for Job Market
- [5.14] Getting Assistance
- [5.15] Civic Engagement
- [5.16] State Identification
- [5.17] Employment Information Sources
- II. Housing
- III. [5.21] Education
- IV. [5.22] Public Benefits Restrictions
- V. [5.27] Military Service
- VI. [5.28] Voting and Political Engagement
- Chapter 6 — Pardon and Expungement
- I. [6.1] Introduction
- II. [6.2] Note Regarding the COVID-19 Pandemic
- III. [6.3] History
- IV. [6.4] What Is Executive Clemency?
- V. [6.5] What Types of Crimes Can Be Pardoned?
- VI. [6.6] When Can a Pardon Be Requested?
- VII. [6.7] How Much Does the Clemency Petition Cost?
- VIII. [6.8] Must the Petition Be Prepared by an Attorney?
- IX. [6.9] How Often Are Petitions Considered?
- X. [6.10] What Must Be Included in the Petition?
- XI. What Happens If Clemency Is Granted?
- Chapter 7 — Blueprint for Progress: How Illinois Empowers Rehabilitated People with Criminal Records
- I. [7.1] Introduction
- II. Reentry Tools
- [7.2] Reentry Tool No. 1: Expungements and Sealings
- [7.3] Expungement and Sealing Distinguished
- [7.4] Effects on Employment
- [7.5] Eligibility for Expungement
- [7.6] Eligibility for Sealing of Records
- [7.7] Waiting Periods
- [7.8] Steps To Follow
- [7.9] Filing the Petition
- [7.10] Providing Notice of Filing
- [7.11] Order of Expungement
- [7.12] Reentry Tool No. 2: Governor Quinn’s Ban-the-Box Administrative Order No. 2013-1
- [7.13] Reentry Tool No. 3: The Incentivized Education and Family Support for Community Corrections Amendments
- [7.14] Reentry Tool No. 4: Certificates of Rehabilitation
- III. Illinois’ Approach to Collateral Consequences of Conviction
- IV. [7.17] Eligible Offenses and Employer Immunity
- V. [7.20] Legal Effect of Certificates of Rehabilitation
- VI. [7.21] The Model Penal Code and the Restoration of Rights
- VII. [7.22] Executive Pardon Power
- VIII. [7.23] The Free Advisory Opinion from the Department of Financial and Professional Regulation
- IX. [7.24] Conclusion
- Sami Z. Azhari
Sami Z. Azhari
Sami Z. Azhari is an attorney at Azhari LLC, in Chicago, where he concentrates his practice on federal and white-collar criminal law. Mr. Azhari is a Superlawyers Rising Star (2015 – present), Chair of the Federal Criminal Law Committee of the Northwest Suburban Bar Association, and faculty at the ABA White Collar Crime Conference (2021). Mr. Azhari received his B.S. from Purdue University and his J.D. from Michigan State University.
- 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.
- Matthew R. Leisten
Matthew R. Leisten
Matthew R. Leisten is the First Assistant State’s Attorney at the Ogle County State’s Attorney’s Office. Mr. Leisten received his B.A. in Political Science from DePaul University and his J.D. from UIC John Marshall Law School.
- Sergio A. Lopez
Sergio A. Lopez
Sergio A. Lopez is a law clerk at Castle Law, LLC, in Joliet. He was a finalist in the first National Online Trial Advocacy Competition in 2020. Mr. Lopez received his B.A. in Political Science from Southern Illinois University Carbondale and is a J.D. candidate at DePaul University College of Law (expected 2021).
- 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.
- Sue L. Pak
Sue L. Pak
Sue L. Pak is the Supervising Attorney in the Emerging Adults Program at Cabrini Green Legal Aid in Chicago, where she focuses on juvenile expungement. She has received the Kimball R. Anderson & Karen Gatsis Anderson Public Interest Law Fellowship from the Chicago Bar Foundation, and she is a Skadden Fellow of the Skadden Fellowship Foundation. She is a member of the Chicago Bar Association. Ms. Pak received her B.A. cum laude from Emory University, her M.Div. from Trinity International University, and her J.D. magna cum laude from DePaul 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: Expungement and Other Relief 2021 Edition
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