Expungement and Sealing of Adult Criminal Records

1. Expungement and Sealing of Adult Criminal Records

2. What is expungement and sealing? • Statutory Remedy – Criminal Identification Act (20 ILCS 2630/5). • A court filing. • Removes records from public view and orders the following agencies to expunge or seal the records: • Clerks Office • Arresting Police Agency • Illinois State Police (who forwards to FBI) • Provides protection under the Illinois Human Rights Act against employment discrimination.

3. What is the difference between expungement and sealing? • Access to the Records • Expunged records can only be accessed by law enforcement if a person is arrested and charged with certain same or similar offenses. • Sealed records can be accessed by law enforcement. • Sealed felony records can be accessed by any agency that by statute must conduct background checks. • Schools, park districts, public transportation, DCFS, law enforcement, children services, some units of local government.

4. What can be expunged or sealed? • Expungement is available to those who have never been convicted as an adult. • Sealing is available to those who have minor misdemeanor convictions and very limited Class 4 felony convictions.

5. What is a conviction? • Plea of guilt or finding of guilt by a judge or jury, resulting in a sentence of: • Conditional Discharge (CD) • Probation • Time Considered Served (TCS) • Jail or Prison Sentence (DOC) • Fines (for municipal ordinance violations) • The finding of guilt does not equal the conviction – the sentence determines whether it is a conviction.

6. What is not a conviction? • Dismissals & Acquittals • Stricken Off With Leave to Reinstate (SOL) • Finding of Not Guilty (FNG) • Finding No Probable Cause (FNPC) • Non-Suit (ordinance violations) • Nolle Prosequi • Older rap sheets may include: Leave to File Denied (LFD); Dismissed with Prejudice (DWP) • Released without Charging (RWOC)

7. What is not a conviction? • Supervision • Sentence must be satisfactorily completed. • 710-1410 Probation • First-time drug offender probation. Sentence must be satisfactorily completed. • TASC Probation • Must be satisfactorily completed and vacated within 30 days of probation termination.

8. Expungement Waiting Periods • Acquittals, Dismissals, Released without Charging or Reversals • Immediate (except for SOL or Non-Suit, which is 120-160 days) • Supervision • 2 years after successful completion (unless listed below).

9. Expungement Waiting Periods • Supervision - 5 years after successful completion: • Uninsured Motorist Violations • Vehicle Records Violations • Reckless Driving • Domestic Battery (old statute) • Criminal Sexual Abuse • Retail Theft • Special Types of Probation - 5 years after successful completion: • 710-1410 Probation • TASC Probation (properly vacated) • Aggravated Battery of a Child (prior to 1989)

10. Expungement “Rules of Thumb” • Longest waiting period must be met prior to eligibility for expungement. • The only supervision that cannot be expunged is for driving under the influence or sex offense again a minor. • This does not bar expungement of the rest of the criminal record if there are no other convictions. • “All or nothing” remedy – even one conviction – anywhere - makes a person ineligible for expungement. • Traffic Violations – if a traffic violation rises to the level of a misdemeanor, a conviction will bar expungement. • Driving while license suspended, reckless driving, driving under the influence, fleeing & alluding, damage or theft to vehicle.

11. SEALING Eligibility Available to those with certain convictions. • Law first passed in 2004, allowing for the sealing of minor misdemeanor convictions. For the first time, the legislature provided an alternative to a gubernatorial pardon. • Law was amended in 2005, allowing for the sealing of very limited felony convictions. • Allows petitioner to answer “NO” to the question…. “have you ever been convicted?” • Only law enforcement and agencies with statutory access to sealed records can view.

12. What can be sealed? • Misdemeanor Acquittals and Dismissals. • Misdemeanor Convictions and Supervisions (with exceptions) • Felony Convictions, Acquittals and Dismissals – all Class 4 felonies: • Prostitution • Possession of Cannabis • Possession of Controlled Substance (PCS) • Carry/Possession of Firearm (between 1995 and 1999) – People v. Cervantes, 189 Ill. 2d. 80 (1999).

13. What Cannot be Sealed • Any felony not listed above (including acquittals and dismissals). • The following Misdemeanor Convictions and Supervisions • Crimes of Violence under Crime Victims Compensation Act(740 ILCS 45/2(c)) • Battery, Assault, Aggravated Assault, Domestic Battery, Reckless Conduct, Criminal Sexual Abuse, Violations of Order of Protection • Sex Crimes under Article 11 of the Criminal Code(720 ILCS 5/11, et. seq.) • Solicitation (of prostitute or sexual act), Patronizing a Prostitute, Fornication, Pimping, Keeping a Place of Prostitution, Obscenity, Harmful Material, Public Indecency, Adultery • Violations of Humane Care for Animals Act(510 ILCS 70/1) • Dog Fighting & Animal Cruelty • Driving Under the Influence(625 ILCS 5/11-501)

14. Sealing Waiting Periods • Acquittals & Dismissals • No waiting period (except for SOLs and Non-Suits) • Misdemeanor supervisions (if not one of exceptions) • 3 years after completion of sentence • Misdemeanor and felony convictions (if not one of the exceptions) • 4 years after completion of sentence

15. Sealing “Rules of Thumb” • Longest waiting period must be met prior to sealing eligibility. • Partial sealing is allowed. • Petitioner must submit proof of clean drug test, taken within 30 days of filing, to seal a Class 4 possession conviction. • 710-1410 probation is treated as a Class 4 felony conviction – drug test is also required.

16. Determining Eligibility • Each and every arrest must be accounted for. Information comes from police and court records. • Police Records – accounts for arrests that have taken place. • Arresting Agencies – local police department. • Illinois State Police • Federal Bureau of Investigation

17. Police Records Chicago Police Department R.A.P. Sheets Requirement for filing in District 1 only. 3510 S. Michigan Ave. – Mon. thru Fri. - 8:00 to 12:00 p.m. - $16 fee. Illinois State Police Can only obtain copy of convictions. To view “arrests”, must go through Access & Review process.

18. Police Record Information • Upon arrest: • Central booking (CB) number is generated. • Arrest report is made. • Decision whether to criminally charge is made (individuals may be “released without charging”)

19. Chicago Police Department RAP Sheet (OLD)

20. Chicago Police Department RAP Sheet (NEW)

22. Illinois State Police Conviction Report

25. Court Records • Court Dispositions • Maintained by Clerk of the Circuit Court. • Court record information overrides police records. • Must verify each arrest with court record to appropriately determine: • Case number • Charge • Disposition

26. Court Dispositions • Available for cases after 1984 • For arrests prior to 1984, Central Booking # (from rap sheet) is used for case number on the forms. • Misdemeanor Case Numbers • 10 numbers • Year – District – 6 Numbers - # of Defendant • 98-5-147986-01 • Felony Case Numbers • Year – CR or C – 5 or 6 Numbers - # of Defendant • 95-CR-1489402 • All felony cases ALSO have a municipal number

27. Ordinance Violation Disposition

28. Misdemeanor Disposition

29. Felony Transfer Case

30. Felony Disposition

32. 2009 Expungement Summit • Individuals will come with rap sheets (if Chicago cases) and court dispositions. • Lawyers will chart out information in chronological order from rap sheet, determine case outcome with court dispositions, and prepare pro se petitions. • The following information is needed to fill out expungement and sealing forms: • Date of Arrest • Case Number • Charge • Disposition & Date – dismissal/acquittal or finding of guilt • Sentence • Discharge Date • Identification (IR) Number

34. Preparing the Forms • Notice of Filing • Whether a person is filing an expungement or a sealing, a Notice of Filing is required. • District 1 (Chicago) has one Notice. • Suburban districts in Cook County have a different Notice of Filing, as there are multiple cities within those districts. • All cases are listed on the Notice of Filing.

35. Notice of Filing – Dist. 1

36. Districts 2 – 6 • District 2 – Skokie • District 3 – Rolling Meadows • District 4 – Maywood • District 5 – Bridgeview • District 6 – Markham • Each district has multiple villages • District cases do not always appear on Chicago Police Department rap sheets

37. Notice of Filing – Districts 2-6

38. Preparing the Forms - Expungement • Petition to Expunge • Includes all cases resulting in dismissal, acquittal or released without charging. • Includes all cases resulting in a sentence of supervision requiring a waiting period of 2 years.

39. Petition to Expunge

40. Preparing the Forms - Expungement • Petition to Expunge and Seal • Includes all cases resulting in a sentence of supervision requiring a waiting period of 5 years from termination of supervision. • Includes 710-1410 probation cases. • Includes TASC probation cases.

41. Petition to Expunge and Seal

42. Preparing the Forms - Expungement • Order to Expunge • Includes all cases from each petition (and same arresting agency). • Check the appropriate box(es) depending on dispositions of case(s).

43. Order to Expunge

44. Preparing the Forms - Sealing • Petition & Order to Seal Arrest Record • Includes all cases resulting in dismissal, acquittal, reversal, released without charging, and sentences of supervision. • Check appropriate box(es) depending on case disposition(s). • Multiple cases from same arresting agency go on the same forms (we number case numbers, charges and arrest dates to correspond).

45. Petition to Seal Arrest Record

46. Order to Seal Arrest Record

47. Preparing the Forms - Sealing • Petition & Order to Seal Conviction • Includes all cases resulting in a conviction • 710-1410 probations go on these forms when a person is sealing, either due to a shorter waiting period (5 vs. 4 years) or because there is a separate conviction on the record. • Multiple cases from same arresting agency go on the same forms (we number case numbers, charges and arrest dates to correspond).

48. Petition to Seal Conviction

49. Order to Seal Conviction

50. Procedure • Petitions are filed in the Clerk’s Office of the district(s) in which the case(s) occurred (all filings for Cook County accepted at the Summit) • The filing fee is $120, plus $9 per case for certified dispositions (which the person should already have). • Fees can be waived if a person has little or no income. Fee waivers cannot occur at the Expungement Summit.