Can Employers Ask About Expunged or Sealed Criminal Records?

Wheaton Criminal Lawyers Explain How an Expunged or Sealed Record Affects Employment

A criminal record can be very problematic. Those who have been charged and convicted of crimes will face a number of collateral consequences that go beyond the penalties imposed in criminal courts. Long after they have paid their fines, served their jail sentences, and paid their debt to society, they may still have trouble finding employers who are willing to hire them, landlords who will rent property to them, and people who will accept them as someone who has moved on from the mistakes of their past.

While people who have been convicted of felony offenses are especially likely to encounter these problems, misdemeanor convictions can have similar consequences in many cases. Even in situations where a person has been charged with a crime but was never convicted, they may find that criminal records related to their arrest will continue to cause problems in their lives. Because of these issues, people who have been involved in the criminal justice system will need to understand what options they may have to clear their criminal records, protect their reputations, and avoid ongoing consequences.

In many cases, people choose to expunge or seal their criminal records after they have dealt with consequences such as fines, jail time, and probation. By expunging or sealing your record, you can increase your chances of landing a job, finding a place to live attending college, and/or qualifying for financial aid. Expunging or sealing your record is a step towards restoring your reputation and moving on with your life. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we work with people who have been arrested, charged with crimes, and convicted to ensure they know what steps they can take to expunge or seal different types of records. By providing legal guidance and representation during the expungement or record sealing process, we ensure that our clients can move forward with their lives and achieve success.

Disclosure Requirements Following Expungement or Record Sealing

Expungement will typically be available in situations where you were arrested or charged with a crime, but the charges were dropped or dismissed or you were acquitted by a judge or jury. It may also be available in certain situations involving the successful completion of probation. Expungement will completely erase your criminal records, as if you were never arrested in the first place.

Most criminal convictions will not be eligible for expungement, but they will be eligible for sealing. When criminal records are sealed, they will be inaccessible to most people. Only law enforcement or certain government agencies will have access to these records. You will usually be able to qualify to seal your records three to five years after the completion of a criminal sentence. However, certain types of offenses, including DUI or sex crimes, cannot be sealed.

If you have had a criminal offense expunged or sealed, you may be wondering whether you have to inform a potential employer. The good news is that, with the exception of certain state and government agencies, you do not have to disclose your record, because employers cannot consider an expunged or sealed offense when determining whether to hire you.

In fact, under Illinois law, an employment application must contain a specific warning stating that the person applying has no obligation to disclose a sealed or expunged record. You should be cautious, however, because another law gave certain employers the right to omit the warning from their employment applications and place it on their website instead.

Contact Our Wheaton, Illinois Expungement Attorneys

A sealed or expunged record can give you a fresh start when searching for employment. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we will determine whether you can expunge or seal your record and increase your chances of securing a job. Contact us today at 630-665-7300 for an Initial Attorney Meeting.