Posted in Health-01-02 by admin
on September 17, 2005
Sealed Case
How is the does the process of having a criminal case sealed, work?
How do they decide whether or not to seal your case? I live in IL (chicago) btw.
There is a difference between sealing and expunging a criminal conviction.
Sealing is done for juvenile records upon emancipation.
Expungement is done for adult convictions.
In both cases, the records are placed in other areas that are NOT accessible to employers or persons/businesses who are seeking a background check.
These records are not destroyed, however. They remain accessible to law enforcement and the court system on an "as needed" basis.
In terms of deciding what is sealed/expunged, that is dependant on the conviction itself and what the jurisidiction is. Each state has it's own rules about what is allowed to be expunged and what is not.
I will also add one little bit more. Only a first time felony can be expunged. If a person has two or more numbers, they will remain for life.
If you are asking about a felony expungement, the best advice I can offer is to consult an attorney within the jurisdiction of the arrest/conviction. They will know if you qualify for expungement. The attorney can also draw up your petition and submit it to the court in your behalf.
Best of luck and I hope you can find this useful
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