A Guide to Expungement: If Charges Are Dismissed, Do You Have a Criminal Record in Illinois?

In Illinois, there is a common misconception that if the prosecutor drops your charges, your criminal record is automatically wiped clean. Unfortunately, the reality of the Illinois legal system is different from this. If you have been arrested in Wheaton, Naperville, or anywhere else in the counties, a paper trail has been created. Even if the judge dismisses your case or your charges dismissed, that trail remains visible to the public, employers, and even to your landlords unless you take proactive legal steps to clear it from the records. Read this guide to explore the complexities of criminal records in Illinois following a dismissal and knowing why working with the best criminal defense attorneys in DuPage County is essential to truly clearing your name.

If Charges Are Dismissed, Do You Have a Criminal Record?

The answer of this question is yes. In Illinois, a criminal record is not composed solely of convictions. You do not have a criminal conviction when your charges are dismissed, which is a significant distinction, but you still have an arrest record and a court disposition record. If a potential employer runs a background check through the Illinois State Police they will see:

• The date of the arrest.
• The original charges filed such as Retail Theft, Domestic Battery, or DUI.
• The outcome of the case.

While a dismissal is the best possible outcome for a pending case, the mere presence of an arrest can still carry a stigma of guilt and many employers may wonder why you were arrested in the first place, regardless of the eventual dismissal.

Why Dismissed Charges Don’t Automatically Vanish From the Records?

In Illinois, records are maintained by multiple agencies, including the arresting police department and the Illinois State Police (ISP). These agencies do not communicate to delete files once a case ends. Without a court order specifically directing these agencies to delete the files, the record remains open for public viewing. This is why many people are shocked to find an old, dismissed case from five years ago surfacing during a job interview or a rental application.

The Impact of Criminal Charges Records on Your Life

• Employment

  Many companies or employers use automated screening software. An arrest for a crime like theft can lead to an automatic rejection before you ever get to explain that the charges were dropped.

• Housing

  Landlords in competitive markets often choose the cleanest applicant. Any entry on a criminal background check can be used as a reason for denial.

• Professional Licensing

  If you are a nurse, teacher, or even a lawyer, dismissed charges must often be disclosed and explained to licensing boards, which can delay your career.

What are the Solutions to Clear Your Name on Criminal Records?

In Illinois, there are two primary ways to do this: Expungement and Sealing in Illinois

1. Expungement

Expungement is the process of physically destroying the records or returning them to you. Once a record is expunged, it is removed from the official index. Most dismissed charges and not guilty verdicts are eligible for immediate expungement. If the arrest never happened, then you can legally state on most job applications that you have never been arrested.

2. Sealing

While expungement destroys the records or returns the records to you, sealing does not destroy the record. However, sealing hides the record from the general public. While law enforcement and certain government agencies can still see it, most private employers and landlords cannot know about that. If you are ineligible for expungement, sealing is often the next best alternative.

The Role of the Best Criminal Defense Attorneys in DuPage County

Navigating the DuPage County court system requires local expertise. The process of expunging a record involves filing a formal petition, notifying the State’s Attorney, and the Illinois State Police.

Hiring the best criminal defense attorneys in DuPage County provides the following advantages:

• Eligibility Analysis:

  Not every record can be expunged. An attorney can review your specific charges to determine the best path forward.

• Process Speed:

  In Illinois, the expungement process can take up to 4 to 6 months. A skilled criminal defense lawyer ensures that paperwork is filed correctly to avoid further delays.

How the Expungement and Sealing Process Works in Illinois?

Step 1: Gather Your Records

You must obtain your official record from the DuPage County Circuit Clerk. This document provides the specific details of your case, which includes the case number, exact date of arrest, and the final outcome, that are required to fill out the petition accurately.

Step 2: File the Petition

Your attorney must file a formal Petition to Expunge or Seal with the Clerk of the Circuit Court in the county where the arrest took place.

Step 3: Formal Notification

Once the petition is filed, the Clerk’s office sends a formal notice to the critical agencies involved, including the State’s Attorney, the original arresting police department and the Illinois State Police.

Step 4: The 60-Day Objection Period

Under Illinois law, ISP have a 60-day window to review your request. They may file a formal objection if they believe you are ineligible or if they feel the record should remain public for safety reasons.

Step 5: Judicial Order or Hearing

If no objection is filed, a judge will typically review the paperwork and sign the order to expunge or seal without a court appearance. However, if an objection is filed a hearing will be scheduled where you and your attorney must appear before a judge to argue why your record should be cleared.

Step 6: Processing & Database Update

After the judge signs the order, the Circuit Clerk sends copies to the ISP and the local police department. It typically takes an additional 60 days to physically destroy the records or update their databases to reflect that the case is now sealed.

Conclusion:

In conclusion, winning your case is only the first step of not having a criminal record. A dismissal keeps you out of jail, but expungement keeps the record out of your future. Take the final step to clear your name and secure the fresh start you’ve earned.