Alternative Remedies for Expungement in Illinois

Experienced Illinois Expungement Lawyers

When you have an arrest on your criminal record, it stays there permanently unless you take action to remove it. For many misdemeanors, felony charges, and traffic offenses, expungement or record sealing are viable strategies. In some cases, however, individuals do not qualify for either of these options. In such cases, an alternative remedy must be explored.

Our Illinois Expungement Lawyers have been helping individuals throughout the Chicago area to clear their name, so they can gain a fresh start. We have extensive knowledge of expungements, record sealing and alternative options, and we put our experience to work to guide our clients toward a successful outcome.

What are Best Alternative Remedies for Expungement and Record Sealing?

In Illinois, most arrest records can be expunged if the charges were dropped, you were acquitted (not guilty), the case was dismissed, or you received court supervision for a Misdemeanor conviction. Domestic Violence (including stalking, no contact, and orders of protection), DUI (including reckless driving) and sex crimes (excluding prostitution) and most felony convictions cannot be expunged, although in some instances, you may qualify for record sealing. If neither option qualifies, you may file a petition for executive clemency or go before a judge to seek a certificate of rehabilitation.

Executive Clemency in Illinois

Executive clemency is a mechanism by which an individual can petition the Governor for a pardon of past criminal offenses. The petition is filed through the Illinois Prisoner Review Board, and must be type-written in essay or narrative format. Within the petition, you must provide a personal life history, list of offenses, reasons you are seeking clemency, and supporting materials. Your petition needs to be worded carefully, and it is highly recommended that you seek the assistance of an attorney with particular experience in this area of the law.

Certificates of Rehabilitation

If you are unsuccessful with or do not wish to pursue executive clemency, another potential option is obtaining a Certificate of Rehabilitation. These come in three general forms:

• Certificate of Good Conduct
• Certificate of Relief from Disabilities
• Health Care Workers Waiver (obtained by the Illinois Department of Public Health for those who want to enter the health care field)

While these certificates will not expunge or seal your criminal records, they do provide motivation for employers to hire you by limiting their civil and criminal liability. Most misdemeanors and felonies can qualify for a Certificate of Rehabilitation. Exceptions include convictions for attempts or commissions of a Class X felony, aggravated DUI, aggravated domestic battery, or forcible felony.

Contact a Skilled Expungement Attorney

When you are unable to qualify for expungement or record sealing, there are alternative remedies you can pursue. Our Illinois Expungement Lawyers have in-depth understanding of each potential option, and we can evaluate your specific case to determine which option will provide the best chances of success. For an Initial Attorney Meeting, contact us today. Our attorneys represent clients for expungements and other criminal matters throughout Kane County, DuPage County, Cook County, Will County, and surrounding Chicago communities.