Will my expunged record show up on a background check in Illinois?
Asked by: Kelsi Huel | Last update: March 25, 2025Score: 4.5/5 (10 votes)
It must be a 5 panel drug test. What Happens After a Case Is Expunged or Sealed? Once a judge signs an order to expunge or seal, the Clerk of the Circuit Court will remove all records from their system including their public access system so the information does not appear on a background check.
Who can see expunged records in Illinois?
When your criminal record is expunged, it is erased, the records are destroyed, and it is as if it never happened. Once the process is completed, no one is able to access the records again, and no one will ever know about these records unless you inform them.
How long does it take for your record to clear after expungement in Illinois?
Once the Order is signed, the Circuit Clerk has about 60 days to seal or expunge the cases from public record. For most Illinois counties, the process will take approximately 4 months.
Who can see your record after expungement?
Also, certain government agencies will almost always have access to expunged records. Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
What shows up on a criminal background check in Illinois?
- Case number.
- Offense date and type.
- Offense severity (felony or misdemeanor)
- Case disposition.
- Disposition date.
- Sentence (if available)
Do expunged charges show up on a background check?
What makes you not pass a criminal background check?
Warning signs on a background check include multiple periods of unexplained unemployment, inconsistent information, short periods of employment, minimal relevant job experience, no required education or training, professional license issues, dangerous criminal convictions, job-related criminal convictions, bad ...
How far back does Illinois go for a background check?
The scope of employment background checks can vary. Federal laws like the Fair Credit Reporting Act (FCRA) set some standards. However, state laws may also influence how far back checks can go. For instance, in Illinois, background checks typically go back seven years.
What companies can see expunged records?
- Criminal justice agencies (court administrative jobs, positions with juvenile court or state prisons, police officer jobs)
- Human service agencies (social work positions, probation officer positions, counselors)
- Department of Education (working in a public school)
Will an expunged record show up on a federal background check?
A Level 2 FBI Background Check
A Level 2 check will even uncover those sealed or expunged records – especially if they involve the mistreatment of children, the elderly, or the disabled.
Can an expungement be reversed?
Rest assured that the expunged crime will not be reversed, meaning it will still be invisible to employers and landlords during a background check. However, law enforcement and the criminal court can use your expunged crime against you after a new arrest.
What is the new expungement law in Illinois?
Illinois became the 23rd state that will automatically expunge a juvenile's record in certain circumstances. The law will take effect on Jan. 1, 2025.
How do I check on my expungement status?
Contact the Clerk of Court
Another effective way to confirm your expungement status is by contacting the Clerk of Court in the jurisdiction where your case was filed.
How much does expungement cost in Illinois?
Certificate of Eligibility for Expungement ($500.00)
(The client will not incur additional attorney's fees, but the Illinois State Police fee of $60.00 and County filing fee for the Petition to Expunge or Seal is still client's responsibility.) Start the certification process today.
What felonies can be expunged in Illinois?
Certain felony convictions, including Class 4 and some non-violent Class 3 and 4 offenses, may be eligible for expungement or sealing in Illinois. Expunging or sealing a criminal record in Illinois can have significant benefits, including improving job, housing, and financial opportunities, and providing a fresh start.
How long do you have to wait to get your record expunged in Illinois?
For expungement, you are eligible immediately after a Finding of Not Guilty/Acquittal, Nolle Pros, or Finding of No Probable Cause as long as you do not still have a pending case. If the case disposition shows as Stricken with Leave (SOL), there is a 160 day waiting period.
Can felonies be expunged?
California Law
For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.
Can the government see expunged records?
Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record. Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.
Can employers see expunged misdemeanors?
Under California law, it is unlawful for an employer to gain access to information on an arrest that did not lead to a conviction unless there is a pending arrest. Employers cannot receive information on any convictions expunged or sealed.
Can I get a federal job with an expunged record?
Expunged Records
Besides narrow circumstances such as hiring for public safety-related positions (e.g., law enforcement) and those that require security clearances (such as some federal employment), an expunged record is unavailable to businesses and likely illegal to use for any employment purposes.
Will a felony show up on a background check after 10 years?
Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.
Who can see sealed records in Illinois?
If your Illinois case cannot be expunged (erased), you may be able to seal (hide) it. When a record is sealed, it cannot be seen by the general public, including landlords and most employers. However, employers required by law to do background checks can still see sealed felony convictions.
Do you have to disclose expunged records for security clearance?
If you do not disclose your expunged charges on your security clearance application, you could be denied a security clearance. You could also be subject to other consequences, such as disciplinary action from your employer or even criminal prosecution.
What is a red flag on a background check?
A red flag in a background check is anything alarming or concerning about a person's past. This could be a history of breaking the law, lying about work experience or education, or other serious issues. However, not all red flags are the same. Some might be small and not that serious, depending on the job.
How far back do most employers go for background checks?
Pre-employment background check
Seven years is the most common lookback period for employment-related criminal checks across jurisdictions. Some states allow employers to review an entire decade, while others don't have any time limitations. However, these laws can have subtle variations.
What are the disqualifying offenses for background checks?
INTERIM DISQUALIFYING CRIMINAL OFFENSES
Extortion. Dishonesty, fraud, or misrepresentation, including identity fraud and money laundering, where the money laundering is related to a crime listed in Parts A or B (except welfare fraud and passing bad checks). Bribery. Smuggling.