Skip to main content

Expungements and Sealings

On February 19th, 2016, a fellow student and I gave a presentation to Aunt Martha’s about an expansion of the NIU Health Advocacy Clinic into an area of the law we have never ventured before:  criminal expungements and sealings. It appeared everyone who was working that day at Aunt Martha’s HOC or NIU Health Advocacy Clinic was in attendance, including Professor Boraca and Dr. Sun.

Because Professor Boraca, my fellow student partner, and I had all talked about how to best format the PowerPoint presentation, we began with a case example of “Rob,” a person whose life is difficult because he has a 2010 criminal conviction of destruction of property on his record. Rob is a 26 year-old man living at Hesed House’s Transitional Living Community who has saved up enough money for a down payment on an apartment. Because of his criminal record, no one wants to rent to him. Likewise, Rob has also been looking for work but because of his criminal record, no one wants to hire him. Because of all these hardships, Rob has become depressed, developed hypertension (high blood pressure), and is pre-diabetic. Because he does not have a reliable source of income, Rob struggles to pay for all the medications for his conditions.

My partner and I explained that there are two possible ways that we can help a person like Rob. The first is to expunge his criminal record, which removes arrests, court supervisions, and certain probations from a criminal record.  While the preferred method in the case of Rob, his record cannot be expunged. Rob has a conviction on his record for destruction of property, a conviction being a final judgment of guilt by a court. Convictions cannot be expunged.

The second option to help Rob is to seal his criminal record, which hides a criminal record from the general public. The record still exists and the police and employers required by law to look at the record could still see the record. When a general member of the public would look up the record, the general member of the public would not see the parts of the record that were sealed.  While expunging a record can only occur if there is no conviction, there is no such requirement for sealing a record.

After analyzing the facts of Rob’s case, we told the staff of Aunt Martha’s that it would be possible to seal his record, though various parties, such as the Illinois State Police, have a right to object to sealing of his record. The ultimate decision is in the hands of a judge. We then talked about how Rob’s life has improved since his record was successfully sealed—both potential rentors and employers cannot see his criminal record. Rob has rented an apartment and is working full-time as a sales receptionist. Rob is much happier and is no longer depressed.  He also can afford his hypertension and pre-diabetes medications.

We also talked about several common misconceptions that exist, including the misconceptions that “anything can be taken off of a record,” “I’ve been arrested multiple times so I can’t get my past expunged,” and “it’s a waste of money and time to try to expunge anything.” We then discussed the exact process for sealing or expunging a criminal record, which we predict will take roughly 6 months to complete. Finally, we reiterated that not every record can be expunged or sealed and thus, we will not be able to represent every person in every situation. Hopefully with Aunt Martha’s assistance we can help Hesed House guests similar to Rob in our example.

While initially nervous whether Aunt Martha’s staff would agree that we should engage in helping people expunge or seal their criminal records as it was outside of the traditional subject matters handled by medical-legal partnerships, I was quite pleased how the presentation went and the reception that we received from Aunt Martha’s. It seemed the Aunt Martha’s staff was excited that NIU Health Advocacy Clinic has decided to help people expunge and seal their criminal records. The staff members were active participants in the presentation, asking questions and answering whether they thought we could help Rob. One staff member, in particular, was quite happy that we were going to help people destroy or hide parts of their criminal records and noted that it is something that is frequently asked about by their patients.

With Aunt Martha’s support, we will begin selecting a client or two for a test-run of expunging or sealing their record. If all goes according to plan, NIU Health Advocacy Clinic will eventually open its expunging and sealing services to patients of Aunt Martha’s HOC.

 

Comments

Popular posts from this blog

Why did I Come to Law School Again?

I came straight to law school from undergrad. Although I’ve had part time jobs, I’ve spent most of my life in school. I was drawn to law school because in comparison to the other graduate programs I was considering, law appeared to me to be a profession of “doers.” By this I mean, a profession that does more than participate in academic research and writing; a profession that actively interacts with people from all walks of life and has the skills necessary to bring about real change in communities. I do not mean to downplay academic scholarship, which is essential to meaningful debate, particularly in the legal field, and is often a catalyst to change. But to me, as someone who has spent most of her life in a class room and spent a lot of time writing and researching, I wanted to do more—interact with people, find out what people need and want, and help bring those needs and wants to fruition. Over the last two years in law school, I did not exactly find what I came looking for. In f...

Soul-Searching My Way Through Survey Writing

One of the tasks that we undertook in our foundational work for the clinic was creating a survey that will be handed out to patients of Aunt Martha’s before we begin seeing clients.  It is meant to provide us with a sense of which legal issues might be common or most urgent among the patients, so that we can determine which legal matters will likely require our attention.  Given our resources, we will not be able to address every legal issue facing prospective clients and we will have to pick our battles.  This is difficult because as clinic students we want to take on every challenge and represent every client.  This survey will help us focus our skills in the areas that are affecting the most people. Having completed nearly three years of law school, I have almost lost my ability to communicate with people in easily understandable language.  When such communication involves connecting with persons who may have little formal education and who face language barriers, health concerns, f...
The spring semester 2016 is coming to a close for the student attorneys at Northern Illinois University College of Law’s Health Advocacy Clinic (“HAC”). As this semester quickly comes to an end, I spent some time reflecting on my time at HAC.   During the semester, we are required to complete Critical Experience Assessments  (“CEAs”) that act as an outlet for us, as students, to process the situations, people, and/or experiences we come across. Recently, I looked back at the first CEA I wrote, after my first week working with Hesed House, Aunt Martha’s and HAC and I wanted to share a portion of it with you.   “This CEA, I want to talk about my first week at the HAC. Specifically, my second day there – which included a tour of Hesed House. The tour started with a meeting in the Hesed House library, and then we went on a guided tour. During the tour we saw the PADS sleeping area, the locker section, the cafeteria, kitchen, and the Transitional Living Community (TLC) where many c...