Kankakee United
Virtual
Expungement Fair

March 22, 2021 - March 26, 2021

What is Expungement/Sealing and Which Records Are Eligible?

Fast Facts About Expungements and Sealings

Both Expungements and Sealings erase criminal records from public view.

EXPUNGEMENTS:

Impounds or destroys the criminal record with very few exceptions

Which records can be expunged?

• Arrests not resulting in convictions
• Cases that were dismissed or acquitted (ruled not-guilty)
• Some court supervisions that have been completed successfully
• Some qualified probations that have been completed successfully
• Some cannabis offenses

SEALINGS:

Removes the record from public view. The records, however, would still be visible to exceptions like law enforcement and employers required by law to run fingerprint background checks.

Which records can be sealed?

• Most misdemeanor and felony convictions

Which records cannot be sealed?
*This is not a complete list of ineligible records, just a few primary examples*

• DUIs
• Domestic Offenses & Sexual Offenses
• Violations of Orders of Protection
• Minor Traffic Offenses
• Animal Cruelty Offense

For more information, refer to https://www.illinoislegalaid.org/legal-information/criminal-records-expungement-vs-sealing

*Disclaimer: The information here is legal information and not legal advice. There are various exceptions in the general information provided here. Seek the assistance of an attorney to determine whether your records meet an exception.

How Do I Determine My Records’ Eligibility?

First you have to determine what records you have. Your records consist of both police contact records and criminal court filings. (Note: Some traffic cases are classified as misdemeanors which may be eligible for sealing or expungement.) It is recommended that you complete the following steps to determine which records are able to be cleared (expunged or sealed).

1. Gather your past court cases through your online docket through Court View.
   • Court View: https://eaccess.k3county.net/eservices/home.page.2


2. Secure your Access and Review Report from the Illinois State Police (highly recommended but not mandatory)
   • https://www.isp.state.il.us/crimhistory/chri.cfm
   • The finger printing records search is recommended.
   • The cost of finger printing and securing the Illinois State Police ISP record ranges from $20-$60 depending on where you get it done.
   • Accurate Biometrics offers finger printing in Kankakee County (note that the COVID-19 pandemic has affected the availability): https://accuratebiometrics.com/


3. Cross reference the Kankakee Court records and the ISP records.
   
   • Misdemeanors and felonies not otherwise excluded (see Fast Facts above) are eligible for sealing or expungement based on the conviction status (see Flow Chart). But, regardless of eligibility, it is in the court’s discretion to grant or deny a request to clear a record.


4. If you are currently on a sentence or a waiting period from any jurisdiction in the State of Illinois, you are not currently eligible for records clearing.
   *If your record is not currently eligible, you may become eligible by completing a certification or training through Kankakee Community College (KCC). See KCC flyer below.

*Disclaimer: The information here is legal information and not legal advice. There are various exceptions in the general information provided here. Seek the assistance of an attorney to determine whether your records meet an exception.

My Records Are Eligible: What’s Next?

1. Preparing Your Request
2. Filing a Request in Kankakee
3. If Your Request is Granted

My records are not eligible: What can I do?

Review this Alternative Relief Cheat Sheet

ADDITIONAL QUESTIONS ABOUT RECORDS RELIEF?
Participate in the Virtual Fair. Speak to an attorney or a paralegal June 15-19 to screen for PSLS eligibility.
Note: Those deemed not eligible for PSLS will be referred to another volunteer attorney for follow up.
Note 2: Those who sign up with a screening with the paralegal will receive a follow up call from a PSLS attorney unless deemed not eligible for PSLS services.