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IL defense lawyerAnyone with misdemeanor or felony charges on their record used to have to fear that they would be automatically disqualified from a prospective job, but recent federal and state legislation helps provide an even playing field for all job applicants, regardless of what their criminal record looks like. Employers have a little leeway in determining whether any past convictions should bar you from the job you are applying for, but there is a much greater chance that anyone can make it much deeper into the hiring process before those discussions arise. If you ever need help determining if your criminal record can be sealed or expunged, or if you think a potential employer is violating any of the laws discussed below, reach out to an experienced criminal defense attorney.

The Illinois Job Opportunities for Qualified Applicants Act

On January 1, 2015, the “Job Opportunities for Qualified Applicants Act” took effect. Prior to this, employers were allowed to inquire about applicants’ criminal records during the application process. This typically led employers to make a swift negative judgment of anyone with a felony or misdemeanor on their record, even if the applicant was more than qualified for the job in question.

The Job Opportunities Act forbids this. Instead, employers are only allowed to ask about an applicant’s criminal record if they have already been deemed qualified for the position. This rule is designed to help push employers to give former convicts a second chance. There are a few fields, like medicine, that still allow for employers to conduct a criminal background check on applicants since many types of misdemeanors might immediately suggest that the applicant is not up for the task.

If an employer deems that an applicant’s past conviction is a cause for concern and they do not want to hire them because of it, they are encouraged to notify applicants in writing of the specific offense that disqualified them from the job. Although this can be up to the employer’s discretion, the Qualified Applicants Act’s purpose is to push employers to only turn an applicant away if their record poses a serious, tangible risk in that profession.

Contact a Kane County Defense Lawyer

The Illinois Job Opportunities for Qualified Applicants Act was designed to help reintegrate those with prior felony or misdemeanor convictions reintegrate into society and receive a fair chance at attaining a job that they are capable of holding. To protect your rights and ensure that you are being given the opportunities that you deserve, work with the Law Office of Brian J. Mirandola. Our Aurora criminal defense attorney will strive to defend your case in court and help expunge or seal whatever possible from your record. To schedule a free consultation today, call 847-488-0889.

 

Sources:

https://www.chicagotribune.com/business/ct-illinois-laws-criminal-records-118-biz-20170117-story.html

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=073000050K5-4.5-55

 

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Criminal records can restrict access to employment, housing, bank loans, school admission, and more. It is possible to expunge or seal these records depending on the nature of the crime. None of this will happen automatically, and you will have to work proactively with a highly-capable criminal defense attorney to ensure that your criminal record does not prevent you from enjoying certain privileges in the future.

What Crimes Can Be Sealed

Having a crime expunged from your record means that you eradicate it and it will never have an impact on you in the future. Not all crimes are eligible for this treatment, but many more are allowed to be sealed. This means that the crime in question will not be used against you in a background check and will not be available in the public record, but law enforcement will have access to your record and it will be available via court order.

If you were charged with a misdemeanor or a felony but were never convicted, you can seal your record at any moment. The exception to this rule is for minor traffic offenses, but if you were released before being charged with such, you can still seal your record.

The rest of the cases that you can seal all require that it has been at least three years since serving your last sentence. Convictions for most misdemeanors and felonies can be sealed except for a DUI, reckless driving, domestic battery, violation of an order of protection, sexual offenses, animal offenses, or any felony convictions you were charged with after already having a felony conviction sealed.

While you can seal qualifying offenses three to five years after your last sentence, an exception is made in which you can seal immediately upon completing either a high school diploma, associate’s degree, career certificate, vocational certification, bachelor’s degree, or the GED test.

Contact a Elgin Criminal Defense Attorney

If you want to seal your criminal record to protect your future, it is essential to work with an experienced Kane County criminal defense attorney. At the Law Office of Brian J. Mirandola, we have years of experience helping those formerly convicted of misdemeanors and felonies expunge and seal their records. To schedule a free consultation, call us today at 847-488-0889.

 

SOURCE:

https://www2.illinois.gov/osad/Expungement/Documents/Adult%20Exp/ExpungementSealing_Instructions_Approved.pdf

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