The majority of criminal convictions in Illinois, regardless of class, are sealable, including Class X felonies. (20 ILCS 2630/5.2). This means that once sealed, such convictions are not visible to the general public, including the average employer. To file a successful petition to seal, several things must be considered.
What’s the Offense Being Sealed?
First in the analysis is determining whether the offense to be sealed can be sealed. Some convictions are non-sealable including convictions of:
- driving under the influence;
- reckless and aggravated reckless driving;
- domestic battery;
- violations of orders of protections;
- sex crimes; and,
- crimes against animals.
All other convictions can be petitioned to the court to be sealed. (20 ILCS 2630/5.2(c)(2)(F)).
Timing is Key
A person cannot petition the court to seal their record until three years after their sentence ends. (20 ILCS 2630/5.2(c)(3)(C)). This is in place because time is one of the key things that the court looks at in determining whether a person is worthy of having their record sealed.
A common misunderstanding is when the clock starts ticking for sealing purposes. Many clients come to us thinking the time period begins once they were found guilty and sentenced. This is incorrect. A person cannot petition the court to seal their record until after their sentence ends.
Timing and Multiple Convictions
Another consideration is whether the petitioner has one or multiple convictions. If a person has only one conviction, then that person can petition the court to seal his/her record anytime after the three year wait period expires.
If a person has multiple convictions, however, that person must wait a minimum of three years after the end of their most recent sentence before petitioning the court to seal their record. One way of looking at it is that the most recent conviction is like a magnet to all prior convictions. Those prior convictions, no matter how long ago they occurred, cannot be sealed until three years after the end of the sentence of the most recent conviction.
Example: Person X has a 1999 conviction whose sentence ended in 2001. Person X was then convicted and sentenced for another offense in 2015. The sentence for the 2015 conviction ended in 2019. The 2001 and 2015 conviction will qualify for sealing in 2022 (three years after the sentence ended in 2019).
Who Sees What
The general public cannot see a person’s criminal conviction that has been sealed. Those who can see a sealed conviction regardless of class is law enforcement. For sealing purposes, this is the broad definition of law enforcement, including, for instance, situations where a person is applying for a Firearm Owners Identification (FOID) card.
Where the law requires employers to get a fingerprint check of its employment applicants, the employer will see sealed felony convictions, but they will not see sealed misdemeanor convictions. As a general rule, these include employers in the following industries: financial, health care, working with children, and working with the elderly. The purpose of this is to protect our more vulnerable institutions.
Example: Person A has a sealed felony conviction and has submitted applications to both a landscaping company and at a school bus company. The landscaping company is not required by law to do a fingerprint check and will not see the criminal record. The school bus company, on the other hand, must do a fingerprint check and will see the conviction.
To learn the difference between expungements and sealing of records in terms of who sees what, read this blog.
One Bite at the Apple Rule
For felony convictions, the law allows only one opportunity to seal such records. (20 ILCS 2630/5.2(c)(4)). Once a person’s record is sealed, the law does not allow them to file for another sealing if they get a subsequent conviction. More important, if there is a conviction after a record has been sealed, the court may unseal this prior felony conviction.
Final Thoughts
While there a numerous benefits to sealing a criminal record, care must be taken to do it properly. If the petition is not done properly, then the State will prevail in its objection based on technical, statutory grounds and the petitioner will have lost valuable time and feel anger and despair. If done properly, the long term benefits of job security and peace of mind will prevail, far outweighing the time, effort and money placed into sealing a criminal record.
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Disclaimer: The above is provided for informational purposes only and is not intended to serve as legal advice. Seek legal advice only from an attorney. To contact us click here.
