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Recent Blog Posts
How Can a Misdemeanor Affect My Job Prospects in Illinois?
Anyone 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.
Changes to Illinois Order of Protection Laws in 2020
Domestic abuse charges have many possible outcomes, one of which is that an order of protection will be placed against the accused. In 2020, the rules regarding how an order of protection is allowed to be issued are changing slightly to grant victims of domestic abuse more safety. However, if you are accused of domestic abuse, this new rule could change how your case plays out. During divorce proceedings or if you believe you have been wrongfully accused of domestic violence, speak with an experienced domestic violence attorney to protect your rights.
New Order of Protection Laws in Illinois
Before 2020, the accused party in a domestic abuse case would be notified of any order of protection filed against them. In some cases, this encouraged abusers to contact them and potentially make these situations worse. However, the new bill that took effect in 2020 will allow orders of protection to not be available publicly until they have been served. If an OOP was served to you, this could mean that it would take longer to contest the order if it is unjustly strict or not representative of the relationship you had with your ex-partner.
How Do I Know if My Criminal Record Can Be Sealed in Illinois?
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.
How Have Marijuana Laws Changed in Illinois as of January 1, 2020?
A lot changed in Illinois at the start of this year regarding how marijuana can be purchased and consumed, but there are still some restrictions to follow. Understanding these laws is important to safely use marijuana and avoid violations. If you or a loved one are charged with violating any of these laws, build a sturdy defense with an experienced criminal defense lawyer.
Illinois Marijuana Laws
Technically, adult use of recreational marijuana was legalized on January 1, 2020, in Illinois. This only applies to marijuana purchased from licensed dispensaries, and the private purchase and sale of cannabis remain illegal.
Just like alcohol, you must be 21 or over to purchase marijuana. Before this fullscale legalization, medical marijuana was available to those with a medical marijuana card. Those are no longer required to purchase cannabis, but anyone with such cards is subject to discounts and priority access to retailers’ stocks.
Does a Restraining Order Affect Visitation in Illinois?
Regardless of the exact circumstances, child custody gets especially complicated if there are allegations of domestic abuse against you. If you are wondering if you will be able to visit your children after a former partner or spouse has filed a restraining order against you, the short answer is yes, but each case can play out much differently. To protect your rights in determining child custody and visitation, work with an accomplished domestic abuse attorney to put your best case forward in court.
How Visitation Rules Change in a Domestic Violence Case
As in any divorce case, the court will consider many baseline factors when determining child visitation and custody. This includes the parents’ wishes, the child’s wishes, the child’s other familial relationships, the child’s relationship with his or her community, the parents’ and the child’s physical and mental health, and how much either parent wants to encourage their child to deepen their relationship with the other parent. However, whether either parent is a sex offender or if there are accusations of domestic violence against one of the parents, the case takes a much different shape.
How Is Stalking Punished in Illinois?
Domestic abuse comes in many forms. Mostly, it is physically harming another member of the household. However, the act of stalking a person can be considered domestic violence especially if the victim has an order of protection against the stalker.
Stalking is a form of intimidation and the goal of a stalker is to make their victim feel uneasy whenever they leave their home. In today’s technological world, stalking has also jumped to social media which can be just as harmful to the victim. This is why stalking is a felony offense that comes with jail time and fines as punishment for the crime.
What Is Stalking?
A person commits a stalking crime in a variety of ways. Most people think that simply following someone is the only form of stalking, but Illinois law also defines stalking as:
- Conduct which makes a specific target fear for their safety or the safety of someone they care about
What Happens When You Drive Without Insurance in Illinois?
The state of Illinois requires all car owners to purchase an insurance policy for any car being operated. Failure to produce active insurance while driving will result in a traffic violation including heavy fines and suspension of a vehicle’s registration.
What Are the Illinois Insurance Requirements?
Illinois requires drivers to purchase a specific type of liability insurance for any automobile that is operated in the state. This insurance protects the driver if an accident occurs. The driver will not have to pay for damage repair to the other vehicle, however insurance prices will increase with every accident.
Insurance is required so anyone injured or involved in a collision can rest easy knowing they will not have to pay heavy compensation; that will be the responsibility of the at-fault driver’s insurance.
Illinois requires drivers to purchase insurance that will cover a minimum of:
What to Expect During an Illinois DUI Traffic Stop
During this time in Illinois, there are fewer cars on the road and with bars closed, there is less of a possibility to find a drunk driver. However, people have not completely stopped leaving their homes and since there are fewer cars out, it will be easier for police to spot a driver under the influence.
While patrolling the streets, police officers look for signs of intoxication such as braking hard or fast, swerving between lanes, disobeying traffic laws, running red lights, etc. Any of these signs will warrant a traffic stop so that the officer can determine if the driver is in fact drunk.
What Happens When a Car Is Stopped?
Illinois police officers have the right and responsibility to pull over any vehicle they suspect to be operated by a drunk driver. Once the stop has been made, the officer will approach the suspected vehicle and observe the state of the driver.
If the officer sees any signs of drunkenness, they can then perform a field sobriety test. Signs an officer will look for include:
What Crimes Can Be Expunged in Illinois?
Expungement is when Illinois government erases criminal charges from a person’s record. This is different from sealing which is when the charges are simply hidden from public view but still exist.
Not all crimes are qualified to be expunged and not every person has the ability to petition for an expungement. It boils down to the type of crime as well as the number of charges already against the person petitioning to expunge a crime.
Understanding the Expungement Process
The first step in getting a charge erased from a personal record is to determine whether or not the charge is qualified to be expunged. Also, a person must find out if they are a candidate that is able to petition for an expungement.
Factors that could keep a person from expungement include the amount of time that has passed since the crime was committed as well as the person’s citizenship status.
How is Fleeing the Scene of a Car Accident Punished in Illinois?
Being involved in a car accident can be a scary thing especially if you are the one who caused the collision. However, it is important that all persons involved in the crash remain at the scene so that police can arrive and take statements as to what happened. Fleeing the scene of a car accident is a crime in Illinois which can lead to fines and/or jail time. If the offending driver was under the influence at the time of the collision, they will also be charged with a DUI and can have their driving privileges suspended.
What Does the Law Require?
Illinois law says that all drivers involved in a crash must:
- Stop their vehicle immediately
- Check the other drivers and passengers for injuries
- Move their vehicle - if it can move - to the side of the road
- Turn on hazard lights so other cars can avoid the stopped cars
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