Restoring Trust in the Justice System: Expungements in Cook County
by Arienne Jones — Policy Advisor, Cook County State’s Attorney’s Office
Imagine being convicted of a non-violent crime in 1995, successfully fulfilling your sentence and spending the next 25 years working to be a contributing member of society. However, you still find yourself struggling because many employers find out about your record from over two decades ago. Or, imagine being arrested, but never charged with or convicted of a crime — as the arrest stays with you, regardless of outcome — and employers still treat you with suspicion simply because there is something on your record. The criminal justice system is meant to hold those who break the law accountable. However, in order to allow people meaningful opportunities to fully participate in society, it is always worth revisiting whether knowing about a person’s past interactions with the justice system is necessary, just, and equitable.
Even before cannabis was legalized in Illinois, the Cook County State’s Attorney’s Office (CCSAO) worked with lawmakers and outside partners to ensure that past convictions of low-level marijuana possession were going to be cleared. All this work is to help restore trust in the justice system and is just part of a larger process of expungements and sealings that happen in Cook County.
Expungement is a broad term used to describe the process by which a criminal record is concealed from public view. In Illinois, individuals with certain criminal records may be eligible to have certain criminal records concealed from the public via expungement or sealing.
An expungement erases a record and treats it like it never existed. Expungement can remove from public view records of non-convictions, including arrests, certain court supervisions, and certain types of probation, among other things, usually after a waiting period. If a criminal record is expunged, the arresting authority, Illinois State Police, and the FBI remove your arrest record from their files; the Cook County circuit clerk removes your name from the public record; and the expunged record no longer appears on background checks. However, if required by law, the Illinois State Police can still share your records, though the circumstances under which this can occur are limited.
Sealing a record, on the other hand, is the process by which eligible criminal records are hidden from the general public. Most misdemeanor and many felony criminal records are sealable, usually after a waiting period. Though the general public cannot view a sealed record, all sealed records can be accessed by law enforcement agencies. Additionally, sealed felony conviction records can be accessed by any employer that requires fingerprints as part of their hiring process; examples of these employers include schools, organizations that work with children, and fire departments.
People with criminal records may face barriers to housing, employment, education, and public benefits because of their records. Expunging or sealing an eligible criminal record may help open the door to these vital resources that we often take for granted. Expunging or sealing eligible records may also help reduce recidivism rates, increase economic stability through increased job opportunities, and generally help previously justice-involved persons move beyond their past.
The role of the CCSAO at expungement hearings is to represent the interests of the State by determining whether to object to an expungement/sealing petition. The CCSAO determines its position on petitions on a case-by-case basis and weighs a petitioner’s interest in having their criminal record expunged or sealed against the public’s need to know of the existence of the record.
COVID-19 has changed almost every aspect of our lives and the operation of the Cook County criminal courts has not been spared. While expungement hearings were suspended during the earliest months of the pandemic, Cook County suburban courts have now resumed holding expungement hearings and plans are being made to resume expungement hearings at the metro Chicago court
As we enter National Expungement Week 2020, advocacy organizations are rallying to provide outreach on expungements and sealings to Cook County residents, both in-person (socially distanced, of course) and virtually. Some of the expungement outreach events being hosted are:
- Sunday, September 20, 12:00–3:00: Wrap-Around Resource Fair, Precious Blood Ministry of Reconciliation
- Thursday, September 24, 6:00–7:30: Virtual Resource Fair, streaming live on Facebook
These events are free and open to the public. We encourage Cook County residents to take advantage of as many opportunities as possible to learn about expungement and sealing.
To learn more about filing a petition to expunge or seal an eligible criminal record, please visit the Cook County Circuit Court Clerk’s website.
