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  1. #1
    Join Date
    Jul 2006

    Default Who can see a sealed/expunged criminal record?

    I have a question that I really hope someone here can help me with. I have been arrested three times (in Illinois). Two of the charges I'm not to worried about and I know I can get those expunged. I can also get the third one expunged, but I'm still worried as some agencies will still be able to see it.
    I was arrested for solicitation of prostitution a few years ago but I got a deal to plead guilty to Disorderly Conduct and for that I got six months of court supervision, which I completed without a problem. In Illinois this is not considered a conviction so it can be expunged. I'm going to file to have all three cases expunged later this fall.
    Now I have completely turned my life around and am currently going to school majoring in social work. For several different reasons I really want to help others, especially children. Because of this I'm hoping to be able to become a foster parent, and possibly adopt a foster child, once I'm done with my education. This is where the problem comes in. I read on the web site of Illinois DCFS that prostitution is among the crimes that would exclude you to foster or adopt.
    So, what I am wondering is, can the department of children and family services or the Department of human services see that I have been arrested for prostitution even if the arrest has been expunged and sealed? If they can, can they use an expunged or sealed arrest against me? It says on the Clerk's website that an expunged crime can not be used against you for employment, certification and licensure (sp). Would that include licensing for fostercare?
    If anyone has any info on this kind of situations, any at all, I would really appreciate it. Or if someone know where I could turn to find this out, that would also be great.

    Thanks a lot,

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Who can see a sealed/expunged criminal record?

    According to the Office of the Illinois State Appellate Defender, "there is no definition of 'sealed' in the Illinois Compiled Statutes. However, a good working definition is that when a record gets 'sealed', your file remains intact but under seal. The records can be labeled as 'sealed.' Most of the general public will not have access to the record. However, law enforcement will still have access to your records." You can check with whatever agency licenses child care providers to see if they have access.

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