Can Employers Ask About Sealed Expunged Criminal Offenses?

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.

My Teenager Has Been Charged With an Ordinance Violation. Do We Need an Attorney?

DuPage County Juvenile Lawyer Serving Wheaton, Hinsdale, Oak Brook and Surrounding Areas

Teens may become mixed up with the law for a variety of reasons. They may engage in mischief that could cause harm to property or put others at risk, or they may even be accused of criminal offenses such as theft or shoplifting. However, even if a teenager is not arrested by a police officer and charged with a crime, they may still face consequences. In cases where teenagers are accused of violating local laws or ordinances put in place by a town, city, or municipality, parents may need to determine how to respond to these charges and what they can do to prevent long-term penalties.

If your teenaged child has been issued or charged with an ordinance violation, it is important to enlist the help of a qualified criminal defense attorney. Even if your child actually committed the offense in question, representation from an attorney can ensure that they will be treated fairly and that any punishments they face will be appropriate. A lawyer can assist you in finding options that will help your child avoid a permanent mark on their record while protecting their future.

Understanding Ordinance Violations

Many cities, towns, and villages in Illinois have adopted parts of the state's criminal laws into their own municipal codes. Violations of the municipal code may be prosecuted as ordinance violations instead of criminal offenses. Technically, an ordinance violation is not a criminal matter, and most of these offenses are punishable by fines only. The practical consequences, however, may be more severe. While you may want to allow your child to suffer the consequences of their actions, it is important to consider the long-term impact that a violation may have on their life.

Shoplifting is an offense that is often handled as an ordinance violation. If your child, for example, was stopped by store security for stealing merchandise, and the police were called, there are three basic options. Your child could face prosecution by the county State's Attorney for a misdemeanor charge of retail theft, or your child could be arrested, booked, and released with an ordinance violation. As a third option, the police could issue an ordinance violation on the scene—similar to a traffic ticket—with a date to appear in court.

In all three situations, a permanent record is created, and with very few exceptions, the records are accessible to the public. This means they could show up on a background check during the application process for a job, housing, educational programs, or loans. To prevent problems that could affect your child's future, you can work with an attorney to fight against an ordinance violation or negotiate agreements in which a violation will be dismissed as long as they pay restitution, perform community service, or complete other requirements.

Contact Our Skilled Wheaton Ordinance Violations Attorneys

By retaining an attorney right away, you can avoid making hasty decisions that could follow your child for many years to come. An experienced lawyer can help you explore options that might allow your child to avoid pleading guilty through diversion or deferral programs. Your child may still face certain consequences, but the impact on their future could be reduced.

Contact our office to learn more about our firm and how we can help. Call Mirabella, Kincaid, Frederick & Mirabella, LLC at 630-665-7300 today. We serve DuPage County, Kane County, and surrounding areas.

Can I Be Arrested for DUI Based on My Prescription Medication?

DuPage County Drug DUI Defense Lawyers

Drunk driving is known to be dangerous. For the past several decades, public safety campaigns have reminded people that getting behind the wheel after consuming alcohol can lead to deadly car crashes. However, intoxicated driving is not just limited to alcohol use. Many different types of drugs can also cause a person to be incapable of operating a motor vehicle safely. Because of the ongoing concerns about drug use by drivers, police may perform arrests in situations where they believe a person was under the influence of intoxicating substances, which may include various types of prescription drugs.

It is possible for you to be arrested for driving under the influence (DUI) based on a medication that you are taking as prescribed by your doctor. If a police officer has probable cause to believe that your ability to drive has been impaired by any drug, including a prescription medication, you could be arrested and charged with DUI. In these situations, you will need to understand the specific charges you are facing and the options for defending against a conviction. You can do so with the help of a qualified and experienced criminal defense attorney. At Mirabella, Kincaid, Frederick & Mirabella, LLC, we understand the difficulties faced by people who are charged with DUI in relation to the use of prescription drugs, and we will ensure that your rights are protected during your case.

DUI Charges Related to Prescription Medications

Millions of Americans rely on prescription drugs to help them treat and control a nearly endless list of health conditions. Many prescription medications are known to have side effects that include drowsiness and decreased alertness, as well as other issues that can affect their balance, their bodily control, or their ability to drive safely. In fact, some prescription drugs have warning labels that remind patients not to operate heavy machinery while on the medication. These types of medications can also affect your ability to safely operate a motor vehicle, and having a valid prescription will not automatically prevent you from being charged with a DUI.

If police believe that you were under the influence of any substances that limited your ability to control a vehicle and avoid collisions, you may be arrested and charged with DUI. If you are convicted, you will face the same penalties that would apply if you were driving under the influence of alcohol. Prescription drugs that could potentially lead to DUI charges include opioid painkillers, medical marijuana, or various other types of medications that can have side effects that may lead to vision or hearing problems, longer reaction times, or a loss of balance.

Protecting Your Rights in Illinois

If you are arrested and charged with a DUI related to your prescription medication, it is important to contact a qualified DUI defense attorney right away. Your attorney can help you understand the charges against you, as well as the possible consequences of a conviction. If you are facing a license suspension, your attorney can assist you in obtaining driving relief while your case is pending.

While a valid prescription does not guarantee that the charges against you will be dropped, it could be difficult for prosecutors to prove that you were impaired. There is no equivalent of a breathalyzer to determine impairment caused by a prescription drug. As a result, your attorney can also help you build an aggressive yet responsible defense to the charges against you.

Contact Our Wheaton Prescription Drug DUI Attorneys

A conviction on charges of DUI can change your life forever. If you have been arrested and charged in connection with a legal prescription medication, contact the office of Mirabella, Kincaid, Frederick & Mirabella, LLC. Call 630-665-7300 for a confidential consultation today. We serve DuPage County, Kane County, and surrounding areas.

Are There Other Options Besides Jail if I was Charged With a Crime?

Are There Other Options Besides Jail If I Was Charged With a Crime?

DuPage County Criminal Defense Lawyers Seek Sentencing Options

The last thing anyone wants is to serve time in jail. Being forced to live in the harsh conditions of a prison, having no freedom of movement, and being afraid for your health, safety, and overall well-being will likely be some of the top reasons why you do not want to go to jail. However, you will also want to avoid disruptions to your life that may result in the loss of your job, prevent you from seeing your children, and limit your future opportunities. Because of these concerns and the other ways your life will be affected, you will want to do everything you can to avoid a jail sentence.

If you have been charged with a crime, there may be alternatives to jail time. Those alternatives depend on the circumstances of your case, but courts in Illinois have begun to recognize the value of focusing on rehabilitation instead of punishment in appropriate situations. A skilled criminal defense attorney at Mirabella, Kincaid, Frederick & Mirabella, LLC can help you explore your options. We will treat you with compassion, dignity, and respect as we discuss your case, advise you of the options that may be available, and help you create a defense strategy that will protect your rights and your freedom.

Alternative Sentencing Programs

Not everyone who breaks the law is a career criminal, and good people can make bad mistakes from time to time. Sometimes, those mistakes are due, at least in part, to mental health concerns and/or substance abuse issues. Society has begun to recognize that these diseases often affect people through no fault of their own, and those who wish to make improvements to their lives, address concerns that may affect the safety of themselves or others, and avoid criminal activity in the future should be provided with opportunities for rehabilitation rather than focusing on punishing them for their mistakes.

Many county court systems have established unique programs for defendants whose mental health issues may have contributed to the commission of a crime. DuPage County, Kane County, and Cook County all have programs to help such offenders avoid traditional prosecution—which often includes jail time as a penalty—in favor of intensive treatment. Offenders will typically be required to complete various requirements during a period of probation, and this can help them resolve their cases without having criminal convictions on their records.

Similarly, DuPage County, Kane County, Cook County, and other counties throughout Illinois have also established specialized drug courts. Drug abuse has become a national problem of epidemic proportions, and it can be nearly impossible to break the cycle of dependence. Drug courts are designed to allow eligible offenders dealing with addiction to get the help they need. By meeting all requirements of drug treatment programs and completing terms of probation, offenders can avoid criminal convictions, maintain clean records, and ensure that their future opportunities will not be limited.

There are also specialized courts that may be available to military veterans facing mental health, substance abuse, and other issues related to the commission of a crime. Veterans' courts are modeled after the specialty courts described above, but they are customized to address concerns unique to those who have served.

Contact an Experienced Wheaton Criminal Defense Attorney

If you are facing criminal charges, a skilled attorney can assist you in exploring your options for avoiding jail time and other serious penalties. Contact Mirabella, Kincaid, Frederick & Mirabella, LLC to discuss your situation today. Call 630-665-7300 for a confidential consultation. We serve DuPage County, Kane County, and surrounding areas.