If charges were dropped against me on a domestic dispute, does the arrest still show on my criminal record?

Get Legal Help Today

 Secured with SHA-256 Encryption

If charges were dropped against me on a domestic dispute, does the arrest still show on my criminal record?

Will an employment background check turns this up?

Asked on June 16, 2011 under Criminal Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Yes, it probably will. However, under IL law you can “expunge” (i.e. clear) your criminal record. You must first make application to the court in which you were convicted. If an expungement is granted, the court will order the arresting agency (for example, the Chicago Police Department) to return to you any original records of the arrest, plus original fingerprints and mug shots. All internal computer records must be destroyed and removed from any public access system. The courthouse will close the file so that the public cannot gain access. Therefore your arrest will not come up on any employment background check.

Note:  However, law enforcement and like agencies, can see and still consider your criminal record with regard to employment. The military also has access to such records.

Here is a site that you may find to be of help: 

 http://www.state.il.us/defender/expforms/07instguide.pdf


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption