There are ways to deal with a felony conviction. One method to deal with a felony record is to have your record expunged. This blog is designed to cover a lot of things and finally you will understand how record sealing works. We are going to discuss the following 4 points.
- Record Expungement vs. Sealing
- Benefits of Record Sealing
- Sealing Process
- Supporting Felons after the Decision
Record Expungement vs. Sealing
A lot of felons ask “Aren’t record sealing and expungement the same thing? What is the difference?” For a lot of felons, nothing will make a difference. They think their life is already gone and it will remain terrible in future as well. So this means that felons feel hopeless and confused.
Expungement means having a felony record destroyed along with the consequences that accompany it. For the Court to allow for an expungement, the felon must show that he/she changed, rehabilitated, and have maintained a clean record since completing all aspects of their sentence, including probation, and paying the required fines. People who are eligible for expungement typically have a single nonviolent conviction. So what does this mean? Is it the same as if their record is sealed?
Here we should answer – No! It is not true at all! Expungement is what makes your record clean as if it has never been there, so get ready to have your criminal record destroyed. With record sealing, that record is still availableto certain government agencies, but it cannot be viewed by the public. However, there are some exceptions to this that include government agencies, such as the police, FBI, and prosecutors. However, in the case of felons who may later get into further legal trouble, those records can be unsealed, and they will be considered a repeat offender having a more serious sentence for being convicted once again.
Benefits of Record Sealing
Felons will enjoy a fresh start once they have their record sealed. Thanks to this great step, a felon will find no difficulty in getting a new job, housing, taking a loan and starting their education anywhere they want.
The record does still exist, but cannot be seen employers, landlords and the public. So anytime employers ask, felons can confidently say, “No record.” So many felons hesitate and think about this question – “Won’t employers know that a criminal record is what is being hidden?”
In fact, there are several reasons for sealing records that do not involve crime.Often, birth records are sealed when someone is adopted to prevent birth parents from being identified. In some civil cases involving trade secrets, records are sealed in order to protect that information.
It goes without saying that there are other reasons also, such as for those entering a witness protection program.Well, if record sealing is so great for felons, why don’t they all do that? There are some important qualifications needed as well. A part of that depends on the state in which a person lives and what felony was committed. So before pursuing sealing your record, a review of State law is highly recommended.
Sealing Process
There are important requirements to be met before the Court will seal a record. Chances for record sealing is much greater if the felon has just one conviction. It becomes harder if there is a long criminal history. Moreover, the chances of having arecord sealed is greater if the case did not involve sex offenses,children, or the elderly.
In many states, felony records can be sealed after a certain waiting period. In Illinois, youmust wait three years after the sentence, probation, and/or restitution have been completed, if no additional charges have been filed for another crime.If the case was dismissed, chances are high that your records can be sealed or expunged.
Felons should obtain a copy of their file from the courts in the state where they reside if they want to apply to have their records sealed. A Petition to Seal is filed with the Court so that the judge can have jurisdiction over the case. Once the Court has reviewed the application, the judge will enter an order sealing the case if you qualify. Having a highly experienced attorney represent you in Court, greatly increases your chance of having the record sealed. In Court, the attorney will present to the judge how the criminal recordhas prevented you from getting a job, housing, educational opportunities, and other services. Here documentation of rejection letters from employers, housing, etc. can be beneficial as well.
It isessentialto show to the judge that in the interest of fairness the record should be sealed. This is when the felon needs to explain the circumstances of the crime and how their life has changed for the better since the sentence has been completed.Felons need to show good charactersupported by documents showing their accomplishments, or how they improved themselves since their release through education, training or and work experience.
If successfully sealed, new opportunities can be achieved. Anyway, be prepared for any result so that you will not get disappointed if something does not go the way you wish. Being well prepared for your Court hearing is essential for a successful result.
Supporting Felons after the Decision
Families of felons should support them every step of the way. Help them go through the sealing process so that felons will not lose hope and feel desperate if their felony is not sealed.For families of felons who have been not sealed their record, just always be there for them and be as supportive as possible. Do not allow your loved one to give up so they will not lose hope for a better future.
Sealing Felony Records in Chicago
Legal Defenders, P.C. is always there to help you when it comes to Sealing Felony Records in Chicago. Among the felony cases that these experts have sealed include voluntary manslaughter, felony theft, drug trafficking and delivery, drug possession, retail theft, battery, criminal trespass, intimidation of a witness, residential burglary, UUW, and other serious offenses. Sealing Felony Records in Chicago has changed people’s lives a lot. Due to this solution, you will have a fresh start and enjoy your new life. There has never been a better time to opt for Sealing Felony Records in Illinois. So never think twice and contact the highly experienced attorneys at Legal Defenders, P.C. For these sealing attorneys, good people who made a mistake in the past should not ruin their future because of their past mistakes. Having decades of experience, the attorneys at Legal Defenders, P.C. will have your case sealed as soon as possible. Get help from Legal Defenders, P.C., and opt for Sealing Felony Records in Illinois and keep your criminal record out of public view.
