Chicago Criminal Defense Lawyers Blog

Illinois law allows you to expunge certain felonies from your record. If your case doesn’t qualify for expungement, you may be able to seal it as most felonies and misdemeanors are eligible for sealing.  The law is the same regardless of which county your case concluded. When you expunge your record, it gets destroyed. When you seal a record, it gets hidden from the public, landlords, and almost all employers. You can expunge your felony record in Illinois if you were sentenced to TASC Probation, 410/710/1410 Probation, Second Chance Probation, or received a Governor’s Pardon. For the purposes of expungement, these types of probation are referred to as “Qualified Probation.”  They all allow you to finish your case without a conviction. The waiting period is five years after completing your probation before you can file for Expungement.  In almost all cases, there will be a Court hearing where you have to prove to the judge that you are a good c...

Illinois law gives people a “second chance” for certain crimes. A “second chance” in this context means that you can expunge your criminal record if you were placed on “qualified probation” such as Second Chance Probation, TASC Probation, and First Offender Cannabis, Controlled Substance, or Methamphetamine cases -often called 1410, 410, 710 probation. You must wait five years from completing your sentence to file for expungement.  On the other hand, if you were convicted of a drug-related crime, you can seal, but not expunge, your record after three years of completing your sentence. You must attach a 5-panel drug test completed within 30 days of filing either a 1) Petition Expunge for cases where qualified probation was imposed or 2)  a Petition to Seal for drug convictions. The 5-panel drug test can be either a urine or hair test and screens for:  –  Cocaine – Amphetamines (Adderall, Ritalin, methamphetamine...

If the crime you committed is eligible, you may be able to seal or expunge your criminal conviction. The difference under Illinois law between sealing and expunging is that expunged records are destroyed while sealed records are retained but are not available to the general public.   The question that I’m often asked is, who will be able to see my record after it is sealed? It depends if (a) the case is a misdemeanor or felony, and (b) who wants to see your record.  First and foremost, the general public, landlords, and employers not required by law to do finger-print based background checks can not see sealed convictions regardless if they are felonies or misdemeanors. For all felony and misdemeanor cases, the following have access to the criminal record:  Illinois State Police; Department of Corrections if convicted of another offense; Courts;  Prosecutors carrying out with their duties; and  State’s Attorneys.  For felony cases only,...

Over the last several years, there has been a radical change in how municipalities and villages in Illinois prosecute low-level criminal activity. These government entities, now more than ever, prosecute cases such as theft, retail theft, assault, battery, and drug possession as violations of their respective ordinances as opposed to State law. By pursuing these cases at the village level, they are being decided in Village Hall and not in Circuit Court. Prosecuting cases at the Village level is a huge money-maker for the municipalities. They cost very little to prosecute, and since they’re not technically criminal cases under state law, you don’t have the rights as in a criminal case in Circuit Court. The rules of evidence are so relaxed that pretty much any evidence is admissible in “Village Court.” Further, to be found responsible in these cases, the prosecutor only has to prove that there is a greater than 50% chance that you violated the ordinance. In a c...

Just a few short years ago, a felony conviction in Illinois meant a lifelong sentence. By that, I mean that although the defendant had completed his sentence, his/her criminal record was a matter of public record that everyone could see forever. For a convicted felon, regardless of how many years had passed, getting a job, renting an apartment, coaching, getting financial aid, or getting into a certain school was monumental, if not an impossible task. Felons were delegated to working low paying jobs which not only affected themselves but also their families. Throughout my 25 years of practicing criminal law, I made a point that the prosecutor or judge understood that the penalty on the defendant also indirectly affected innocent family members – such as the defendant’s minor children.  Some prosecutors and judges care about the wider societal implications, but most really don’t. The devastation caused by a system that churns felons day in and day out is immeas...

If you were convicted of a crime in Illinois, you may be able to seal the criminal record. The procedure around having a criminal record sealed is complicated and having the right attorney on your side can make all the difference in your case. With extensive experience, Attorney John D. Ioakimidis understands the nuances of this area of law. Recognized as one of the “10 Best Attorney for Client Satisfaction” by the American Institute of Criminal Law Attorneys, you can trust you are in good hands at his firm. In the state of Illinois, having your criminal record expunged is different from having it sealed. To have your record expunged means that the record is physically destroyed by the agencies and government bodies holding it or the hard copies of the record get returned to the petitioner. When a criminal record is expunged, it does not show up in any public record. To have your record sealed, on the other hand, means that the records will not be available to the public w...

People with criminal records are often unable to get jobs, access certain housing, and even get admission to schools. Attorney John D. Ioakimidis strongly believes that individuals should not be defined by their worst decisions. Fortunately, Illinois has a process though which a person can try to have his or her criminal record expunged or sealed. If you have questions about the procedures or viability of expunging your Illinois criminal record, you should speak to a seasoned Chicago expungement attorney who understands this area of law. You can trust that we have the experience needed to effectively navigate this process. In Illinois, “expunging” and “sealing” a criminal record are two different things. If you have never been convicted of a crime or violated a municipal ordinance, you may be able to have your record expunged. If you have been convicted of a crime, however, you may be able to have your record sealed. Expunged records are physically destroyed or returned to you. The ...

When the state objects to your expungement, it does not mean the judge will deny your request, but it does make the process more complicated. If you are facing a similar situation, you need to contact a seasoned Chicago expungement attorney who understands how to handle these types of cases. With years of experience, Attorney John D. Ioakimidis is committed to helping Illinois clients seek the fresh start they need to move on with their life. He has been named as one of the “Top 20 Criminal Defense Attorneys” by Expertise, and you can trust that you are in good hands with Attorney Ioakimidis. In Illinois, you can clear your criminal record in two ways:  expungement or sealing. When a record is expunged, the arresting agency or the Illinois State Police physically destroys the criminal record or gives the record back to you. In such cases, the Clerk’s Office will clear your name from the docket system and remove the court documents so that they cannot be accessed by members of t...

Having a criminal record as a minor can adversely affect your future in every way. If you are a juvenile offender, you may be able to clear your record by having your court record expunged. Named a “Top 100 Criminal Defense Trial Lawyer” by the National Trial Lawyers Association, Chicago expungement attorney John D. Ioakimidis understands the nuances of this area of law and can help you understand your legal rights and options. An expungement means that all records of your case are completely removed and destroyed from all files under the government’s control. In other words, expungement is like “wiping the slate clean.” In certain cases, minors may be eligible to have their records expunged. A juvenile record includes fingerprints, photographs, arrest reports, and computer entries connecting a person arrested prior to their 18th birthday with an arrest or juvenile criminal court case. In Illinois, any case prosecuted in juvenile court other than first-degree murder and fe...

There is no doubt that having a criminal record can adversely affect all areas of your life, including your job prospects, housing, and even your personal reputation. At John D. Ioakimidis, our Chicago expungement attorneys represent clients who are seeking to clear their criminal record through expungement. With years of experience, we can thoroughly analyze the facts of your case and help you understand your legal rights and options. Even if you were arrested and released without charges, or the charges were later dismissed, this information will be codified in a public record. In addition, if you received a sentence to Court Supervision for a misdemeanor or were placed on Probation for certain felonies, your case will remain a public record even after you finish your sentence. Expungement refers to the court-ordered process through which the legal record of a person’s arrest or criminal conviction is erased in the eyes of the law and the public. The Illinois Criminal Identif...