Just because you were convicted of a crime doesn’t mean that your conviction must forever haunt employment background checks, stop you from becoming a U.S. citizen or remain a deportation threat.
There is no reason to let a youthful mistake, misunderstanding, past criminal record—or especially a criminal identity theft—be a barrier to future opportunities. Many options of post-conviction relief are available to help you, even after you have served time, finished probation, or paid your fines. Relief is critical for clearing the records of victims of criminal identity theft.
All forms of relief are unique and have their own specific purpose. Therefore, it is vital to pursue relief with the help of an attorney experienced and knowledgeable in these intricate and specialized set of laws—an attorney such as Chicago post-conviction relief lawyer Jonathan Minkus. Not only does Mr. Minkus have 33 years of experience in appeals and post-conviction proceedings, but as a former Assistant States Attorney he uses his previous experience representing the state in Appeals cases to build the strongest post-conviction relief case possible.
Mr. Minkus has helped clients convicted of a wide variety of crimes obtain various forms of post-conviction relief. If you have been convicted of a crime, contact Mr. Minkus for an evaluation. He will evaluate the facts involved in your situation to determine what options are available to you, either for clearing your record or providing such other forms of relief as sentence modification or a reduction in charges. If you are not currently eligible for post-conviction relief, he will let you know if you will eventually qualify and when.
Contact our criminal defense law firm for more information about post-conviction relief and how it may benefit your case.
Through post-conviction proceedings, the Law Offices of Jonathan Minkus can attempt to lessen the negative consequences of having been convicted of a crime. Your background may be used against you in rental matters, employment and education opportunities, by Immigration and Naturalization—and even socially. A few reasons to pursue post-conviction remedies include:
To help you understand some of the more common post-conviction relief options that may be available to you, we have compiled short summaries of some of the terms. However, remember these are just a few of the post-conviction options available to individuals and that Illinois post-conviction relief remedies are a complicated section of law and proceedings. Navigating the complexities of these laws can be overwhelming. What may look inaccessible to you, might actually be an option when handled by an experienced post-conviction attorney. Call the Law Offices of Jonathan Minkus to explore post-conviction relief possibilities for your situation or that of a loved one.
Even if you were only arrested once in your life and never convicted, you have a criminal record. An Expungement is available if you have never been convicted of a crime in Illinois or any other state. Non-convictions that can be expunged from your record include:
Cases where you were found not guilty
You were convicted of a misdemeanor offense that resulted in a sentence of:
If you qualify for expungement, your record is cleared. It is physically destroyed and inaccessible to even the police.
If you have been convicted of an offense, you do not qualify for an expungement—but you may qualify to have the record sealed. Record Sealing is available in Illinois to those have been convicted of non-violent or non-sexual misdemeanors as well as a limited number of felonies, including Possession of a Controlled Substances (Class 4), Possession of Cannabis (Class 4), Prostitution (Class 4), or any felony in which you satisfactorily completed qualified probation (710-1410 or TASC Probation).
When you successful petition to have your record sealed, the general public and non-government employers can no longer view your conviction. You can legally check “No” on an application asking about prior convictions. This is particularly important to people applying for jobs, loans and student aid, as well as for those who may lose a professional license because of a conviction.
By petitioning for Executive Clemency, you may, after a very lengthy amount of time, be granted a pardon from the Governor of Illinois. Any conviction is eligible for Expungement if it is pardoned by the governor. A Petition for Executive Clemency may involve an appearance before the Illinois Prisoner Review Board.
The Illinois Health Care Worker Background Check Act requires a criminal background check for all Illinois health care providers who work directly with patients, with the exception of doctors, registered nurses and therapists, who are licensed under a state regulatory department. More than 50 different types of convictions will disqualify you from working in Illinois’ health care industry, including involuntary manslaughter, drug offenses and theft. The Law Offices of Jonathan Minkus can prepare a Health Care Waiver for you to submit to prospective health care employers, allowing the employer to waive the ban on your employment.
Both of these certificates are available to those with up to two non-violent felony convictions and relieve an employer of civil or criminal liability for an act or omission by the person to whom the certificate was issued. A Certificate of Relief from Disabilities helps people with up to two non-violent felony convictions obtain one of 27 different occupational/professional state licenses that were specified in January 2004, in Article 5.5 of the Illinois Unified Code of Corrections, including real estate agent, roofer, funeral director, nail technician and others. Despite creating a presumption of rehabilitation, the certificate is not a guarantee that you will be able to obtain a license, even though the law is clear that
Senior Partner Jonathan Minkus has successfully defended individuals charged with every conceivable criminal offense, from traffic misdemeanors to death-penalty eligible homicides.