A change in Illinois law permits you to expunge or seal your criminal record notwithstanding any fines or fees you may owe.

Before you can clear your criminal record, your case must have been terminated. As of August 10, 2018, the definition of termination does not include any outstanding financial obligations. Therefore, the court cannot deny your petition because you owe a court or government imposed debt. Once your record is sealed, the court may still permit access to any records necessary to collect the debt from you.

The court may still deny your petition if you haven’t paid legal restitution to a victim unless that restitution has been converted to a civil judgment.

If you have questions about this or another related Illinois criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com. Reference: Public Act 100-0776

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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What can you do?

c You must attach all supporting documentation that demonstrates that someone misused your identity in committing any crimes, and you will likely have to appear at a hearing to answer questions. Once the Petition is granted, the records linking the crime to your identity will be cleared.

While you can file the Petition yourself, an experienced criminal law attorney can help you present the most relevant evidence in its best possible light. If the court is not convinced that you were a victim of identity theft, the judge could deny your petition.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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Under the new law, offenders with convictions for non-violent Class 3 and Class 4 felonies may petition to seal their criminal records four years after the successful completion of their last sentence. Previously, only Class 4 felonies involving possession of marijuana or a controlled substance, prostitution or a violation of the Methamphetamine Precursor Control Act or Steroid Control Act could be sealed.

The new guidelines do not however, permit sealing for felony convictions involving: 1) DUI, 2) reckless driving, 3) sex offenses, 4) dog fighting, 5) violating an order of protection, 6) violent crimes or 7) crimes requiring registration as a sex offender. Class A misdemeanors under the Humane Care for Animals Act are still not eligible for sealing.

To seal your record, you must file a petition with the court. The State’s Attorney, Illinois State Police and the arresting police department then have 60 days to object to your petition. In Chicago, a hearing may be set at the time you file your petition. Otherwise, your case may be set for hearing if there is an objection.

If you have questions about sealing or expunging your criminal record, contact an experienced criminal law attorney. Even with the changes in law, the rules for what can and cannot be expunged can be tricky. An attorney can help determine if you qualify and represent you in court if there is an objection to your request.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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Do you need an attorney to file for a pardon in Illinois? The truth is that while you can do it yourself, an attorney can greatly improve the odds of getting a favorable result.

To ask for a pardon, also known as executive clemency, you need to file a petition with the State of Illinois Prisoner Review Board. (Illinois Executive Clemency.) Petition deadlines occur four times yearly and track with the four hearing dates, which alternate between Springfield and Chicago.

The Petition requires you to fill out a form, which seems straightforward enough. You also need to supply information about your criminal history, as well as provide a personal story with supporting documentation. You could do all this yourself.

So why use an attorney? First, many people are not aware of how they come across to others. What you think of as self-deprecating humor may sound arrogant or snarky. What you think of as a reasonable justification might sound self-serving or whiny. What you think of as literate might come across as robotic and impersonal. The Board is never compelled to grant a pardon if they do not wish to do so, and there is no room for error.

Second, the Board wants to see a personal narrative. Many people do not know where to begin. An attorney can help find the thread of your life history and turn it into a compelling story.

Third, an attorney can make sure that the components of your petition are filed correctly, thus helping to prevent delays. If there is a mistake in the Petition, the Board may return it and you could lose your initial hearing date.

While you do not need to appear at hearing, it can help for the Board to see the person behind the story. Therefore, an attorney can help present you at your best on the hearing date. An attorney knows how to ask relevant questions to get your story across without the Board feeling like you are wasting their time. Petitioners generally have a limited time to make their pitch, and every moment counts.

Although an attorney cannot guarantee results, they can increase the chances of giving you a clean slate. If you have questions about pardons or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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As in the past, you must first file any Chicago petition with the Cook County Circuit Court. The State and Chicago police still have 60 days to object to your petition. In the past, once the 60 days were over, your petition could remain in limbo for months waiting for a judge to grant your request.

But now, thanks to Judge Paul P. Biebel, Jr., the waiting time is shorter and more finite. The clerk now sets a hearing date about 60 days after your petition is filed. Unlike before, you are required to appear in court. However, you gain more certainty about when a court order clearing your record may be signed.

The State or Chicago police can object to your Petition. In that case, be ready to defend yourself on your hearing date. However, the new process will still make things faster. In the past, you would have to wait for the hearing to be set after objection is made.

For more information on expungement or sealing, see our related post: “I Can’t Get a Job!”: Clearing Your Criminal Record-Pardons & Expungements.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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So what’s left? Your last chance at a clean start may be to apply for a pardon. Luckily, in Illinois, that just got easier.

Under former Illinois governor Rod Blagojevich, clemency petitions sat gathering dust in state file drawers. One group of petitioners even sued the governor for taking too long to address their cases, in some instances as long as five years without a response. (http://www.npr.org/templates/story/story.php?storyId=92905086) Add to that, between 2003 and 2008, Blagojevich granted only 67 pardons, while denying 1,160. (http://articles.chicagotribune.com/2008-06-23/news/0806230096_1_pardon-clemency-petitions-executive-clemency)

But Governor Pat Quinn has been actively working through a 2,500 case backlog, and at least one-third of those petitioners have had cause to celebrate. As of September 2, 2011, Governor Quinn pardoned 591 out of 1529 clemency petitioners.

To apply for a pardon, you must complete a Petition for Executive Clemency with the Illinois State Prisoner Review Board, and you may need to request a hearing. In the Petition, you will need to provide supporting documentation and a personal narrative about why you deserve the pardon. An experienced attorney can be invaluable in helping you present your situation in the best possible light.

Once you file the Petition, the Prisoner Review Board checks to see if it is complete. If not, they will notify you that you need to provide more information. Once the petition is completed, it is placed on the Board’s docket. Currently hearings take place twice a year in Chicago and twice a year in Springfield, depending on when you file. You may choose to have a public or nonpublic hearing. After the Board has reviewed your case, it makes a recommendation to the governor, who then decides whether to grant the pardon.

If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)

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In today’s tough job market, you are at greater risk of losing out on that job opportunity you wanted because of an undesirable criminal record. But there may still be hope.

If you were charged with a crime and your case was dismissed, you may be able to expunge your record immediately. Even if you were charged with a misdemeanor and received supervision, you may still be able to expunge your record after a certain period. Most eligible criminal charges have a waiting period of two years. However, retail thefts prior to 1/1/12 must wait 5 years. (Newer law shortened that period to two years for retail thefts after 1/1/12.) You may not qualify to expunge your record if your crime falls into certain categories, such as violent crime or criminal sexual conduct.

To petition for an expungement, you must file at the Circuit Court in the county where your case was heard and pay a fee (currently $120.00). In Chicago, you should obtain a copy of your criminal history from the Chicago Police Department. The Court will notify the State’s attorney’s office, the Illinois State Police and the arresting police department of your Petition. If any of those agencies object to your Petition within 60 days, you may be given a court appearance to defend your request. As of 2013, the Cook County Circuit Court is now automatically setting hearings for Chicago cases.

If your record is successfully expunged, then you need not reveal your criminal history to anyone. You can then answer “no” when that criminal history question crops up on a job application.

But what if instead of supervision, you were convicted or you had a felony? In some cases, you might still be able to seal your conviction, and still answer that awkward employer question with a “no.” When all else fails, you might qualify for a pardon.

In Illinois, you can appeal to the Governor and the Prison Review Board for executive clemency. Your petition must state a brief history of your case and present the reasons you believe you merit a pardon. You may request a hearing to further present your case when filing the petition. An experienced attorney can assist greatly in preparing your petition and presenting your case in the very best light. A reason for clemency, that might seem convincing to you, might seem insufficient or even self-serving to the Governor and the Prison Review Board.

See our related post on Pardons at Pardon Me: Clemency Petitioners Now Have A Chance.

If you have questions or would like an attorney’s assistance in preparing an expungement or pardon, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com

(Besides Skokie, Matt Keenan also serves clients in the communities of Arlington Heights, Buffalo Grove, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Highland Park, Kenilworth, Morton Grove, Mount Prospect, Niles, Northbrook, Palatine, Park Ridge, Rolling Meadows, Schaumburg, Wilmette and Winnetka.)

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You may be hoping that the store will let it go, and the charges against you might then be dismissed. But in this recession economy, the store’s employee will most likely be ready and eager to testify. Because of the drain that shoplifting takes on retailers, many stores are highly aggressive about prosecuting these crimes, particularly big box and department stores.

So what can you do? When you are first brought in before security, you are best advised to request an attorney and not answer questions. Any attempts to explain yourself may be used against you and might undermine any defense you might later wish to present.

Once at court, an experienced attorney can help you weigh your options. Maybe you were extremely stressed and really did forget you had the DVDs in your cart. Maybe the evidence against you is weak. An attorney can help determine whether you should take the case to trial.

But what if you really meant to take the DVDs? If the evidence against you is too strong to risk a trial, you may still have options. There may be alternatives to a conviction such as attending a special school. Your attorney might help work out a plea agreement. For example in Illinois, you might be able to take “supervision,” which is technically not a conviction. Then, if you meet certain requirements, you might be able to expunge your arrest five years after a successfully discharged supervision.

In this job market, a retail theft charge on your record could cost you a lot more than a fine or some community service. It is imperative that you explore your options with a qualified attorney. If you have questions about your situation, feel free to contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com.

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