How Long Does Domestic Violence Stay on Your Record in Illinois?
Domestic violence is a severe crime with consequences that can last a long time. A conviction for domestic violence in Illinois can have effects that go beyond the immediate punishment. A domestic violence conviction can make it hard to get a job, an apartment, or be a stable member of your community. It is vital to understand how long a charge will appear on your record and if the record can be expunged or sealed. Knowing this information is crucial for moving forward with your life. A skilled attorney can assist you with options for clearing up your record and explain the process to you.
Domestic Violence Charges in Illinois
The Illinois Domestic Violence Act defines domestic violence as any form of physical abuse, harassment, or intimidation directed at a family or household member. Family or household members can include a spouse or former spouse, a person with whom the accused has a child, a parent, a sibling, or even a cohabitant. Domestic violence offenses can range from misdemeanors to felonies.
Usually, a first domestic violence offense is charged as a misdemeanor. A misdemeanor sentence can include fines, community service, or up to a year in jail. Prior domestic violence charges or severe violence can result in a felony charge. Felonies have more serious consequences, like longer jail time and higher fines. Unless specific steps are taken to remove these charges, they will stay on your criminal record permanently.
Having a domestic violence conviction on your record can have wide-reaching consequences in many areas of your life for the rest of your life.
- Employment – Employment can be challenging to secure because of background checks.
- Housing – Many renters may not rent to people with a domestic violence charge.
- Firearm Ownership – Under Illinois law, people convicted of domestic violence crimes are prohibited from owning or possessing firearms.
- Custody and Visitation Rights – A domestic violence conviction can severely impact custody and visitation arrangements if you have children.
- Immigration Status – A conviction for domestic violence can impact immigration status and lead to deportation.
Domestic Violence Charges on Your Record
In Illinois, a conviction stays permanently on your criminal record unless expunged or sealed. This rule applies to domestic violence convictions as well. Specific legal actions may impact how a domestic violence charge appears on your record or who can see it.
- If You Were Not Convicted – Charges that were dropped, dismissed, or where you were found not guilty may be eligible for expungement or sealing. Expungement means that the record of your arrest or charge could be removed entirely, making it invisible to future background checks. Non-conviction records, including those dismissed or where the accused was acquitted, can be expunged. Sealing a record hides the conviction from most public records but keeps it accessible to authorities.
- If You Were Convicted – Illinois law does not allow expungement or sealing of domestic violence convictions, even if they are misdemeanors. A domestic violence conviction will typically remain on your record permanently.
Seek Legal Assistance
A domestic violence conviction can stay on your record for life, with limited options for removal. An attorney experienced in Illinois criminal defense can advise you on alternative sentencing options and represent your interests in court. Additionally, suppose you are facing issues with employment or housing due to a past charge or conviction. In that case, an attorney can discuss potential legal avenues.The best way to avoid the lasting effects of a domestic violence conviction is to consult an experienced attorney early in your case to explore every possible defense strategy and understand your legal options. Liberty Law can guide you and advise you on your options. If you require personalized legal advice, please contact us or call (630) 449-4800.
