Okay, so you got arrested and convicted for smoking marijuana with your friends some years ago, and now you want to get a job teaching grade-school kids? Are you NUTS? Nobody will hire you. Or maybe they will…

In Illinois, there exist some pretty liberal rules regarding the erasing of criminal records in certain circumstances. Many people have had things happen in their lives that they are not so proud of, yet deserve and are allowed a second chance under the law. Keep in mind that there are two types of erasing of a criminal record: expungement and sealing.

Expungement means your criminal record is physically destroyed as though it never existed. In this case, nobody can see it, not even the government. Sealing is the closure of your record vis a vis the general public, meaning police and other law enforcement offices can see it but employers and others can not see it unless authorized by a court order.

So, what records can be expunged? A record with NO CONVICTIONS can be expunged. This means: cases where you were acquitted, released without being charged, or where the governor issued a pardon. Also included is a case in which more than five years have passed from the date in which a judge terminated your probation and you were a first-time-offender.

You can also expunge a case in which an order of supervision was entered and five years have passed since the termination of that supervision, for these charges: uninsured motor vehicle, suspended registration for non-insurance, display of false insurance, scrap processor to keep records, reckless driving, domestic battery, criminal sexual abuse, aggravated battery of a child, retail theft. For any other cases in which supervision was given, you can expunge the charge two-years after the termination of the supervision period.

You CAN NOT expunge your record if there was a guilty plea, finding of guilty, guilty verdict and you received a sentence other than probation for most controlled substance violations, supervision or a conviction was entered for a sexual offense against a minor, DUIs or conditional discharge.

So, what types of records can be sealed? You can seal a case in which you were acquitted for a misdemeanor or municipal ordinance charge, your conviction was reversed, you were never charged after an arrest, you received supervision for a misdemeanor and your record has been clear for three to four years since.

You CAN NOT seal the following: felonies, DUIs, adultery, fornication, public indecency, obscenity, marrying a bigamist, dog fighting, Humane Care of Animals Act violations, Sex Offender Registration Act crimes, assault, aggravated assault, battery, domestic battery, reckless conduct, criminal sexual abuse, or violating an order of protection.

So, you qualify for an expungement or sealing, now what do you do? You should consult a lawyer or complete the paperwork on your own at the Clerk of the Circuit Court’s office at 26th and California or at the Daley Center. Good luck!