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Requirements for Getting an Adult Criminal Record Usually Sealed first and second degree felonies and any crimes involving children or the elderly as well as any sex or drug offenses cannot be sealed, although a felony drug offense can sometimes be reduced to a misdemeanor.
Sealed records are technically still there, but they are no longer part of the public record and can only be accessed and reviewed by way of a formal court order. Expunged and sealed records can sometimes show up on criminal background checks.
Not entirely, though. Many people believe that once a crime is expunged, all records of it is gone forever. This, however, is not true. While the public will not be able to see your past crimes if they are expunged, there are still ways for certain individuals and organizations to access your criminal record.
Under the statutes, law enforcement is only supposed to be able to access sealed records with a court order, or when conducting a background check on someone applying to become a police officer, among other narrow exceptions.
Record sealing is the practice of sealing or, in some cases, destroying court records that would otherwise be publicly accessible as public records. The term is derived from the tradition of placing a seal on specified files or documents that prevents anyone from reviewing the files without receiving a court order.
The courts perform work on a first come, first served basis. So the sooner a petition is filed, the sooner it will be reviewed. Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.
How long does the process take? Typically, a record sealing or expungement in Illinois takes approximately four to five months on average.
Applying for Expungement If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process. Some states make it easy to apply for expungement, and many court websites offer expungement information and forms you can download for free.
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