NEIGHBORHOOD LEGAL ASSISTANCE PROJECT
Expungement Worksheet
All interviews should begin with a review of the Guest Information
Sheet, which includes the Brief Services Agreement.
In order to determine if a guest is eligible to have her criminal record expunged
or sealed, you will need to obtain and analyze her entire criminal record. Before
you begin the process, confirm that the guest:
1) Can return to an NLAP session to learn the results of your analysis and
2) Is a US Citizen or Legal Permanent Resident. Guests who do not meet these
criteria can contact the National Immigrant Justice Center at 312-660-1370 for
more information. In general, the NIJC advises non-citizens not to seek
expungement or sealing.
At your initial NLAP Session:
Step 1: Discuss expungement, sealing and clemency with guest. Use the Illinois
Legal Aid Online list of Frequently Asked Questions about Expungement and the
Basic Fact Sheet on Expungement to guide you through the conversation. In
particular, make sure that the guest understands:
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Expungement or sealing of criminal records can be a lengthy process,
both because there are many steps and because the guest may be in a
waiting period. If the guest’s need for expungement or sealing is
urgent, she may prefer to visit the Self-Help Desk at the Daley Center.
If the guest chooses to visit the Self-Help Desk, explain the process for
obtaining a RAP sheet (including the costs.) The guest will need to
obtain the RAP sheet before visiting the Self-Help Center.
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There are certain costs and fees associated with expunging or sealing
criminal records. The RAP sheet costs $16 and the guest will need to
travel to the CPD headquarters at 3510 S. Michigan Avenue to submit
fingerprints and to pick up the records. The guest may also need to
undergo a drug test, which could cost up to $25. We assist guests
with these fees and can provide a certified check to cover them if
needed. We also provide bus passes for transportation. Please ask
the Supervising Attorney if you think a certified check and/or bus pass
is needed.
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Any analysis of eligibility for expungement or sealing will be limited by
the information the guest provides. For instance, if the guest has ever
used any aliases, he needs to disclose them so volunteers can obtain
his entire criminal history. Likewise, arrests or convictions outside of
Cook County will affect his eligibility for expungement or sealing. We
do not have access to records outside of Cook County and depend on
the guest to provide information about their entire criminal history.
- NLAP can only assist with the expungement or sealing of criminal
records in Cook County. If the guest has been arrested outside of
Cook County, we may be able to provide referral information.
Step 2: Obtain criminal history. The Guest Information sheet includes a Consent
to Release form that will allow you to share information about the guest as
necessary to analyze the guest’s eligibility for relief.
Step 3: Review the guest’s criminal history. Obtain her date of birth and any
aliases she has ever used. Ask the guest if she can recall if she has ever been
arrested outside of Cook County. Explain that you will obtain her criminal records
in Cook County and, with the assistance of an attorney, analyze which types of
relief she may be eligible to pursue. Confirm when the guest will return to NLAP
for the results of the analysis, noting that NLAP volunteers are available every
other Saturday.
Following the NLAP Session
Step 4: After the conclusion of the NLAP session, you will need to obtain the
guest’s Cook County criminal records. You can obtain them at the Daley Center,
located at 50 West Washington Street. You can access criminal records from 8:30
– 4:30 at public access terminals located in room 1006. Use the Case Chart form
to record all the information you find about the guest’s criminal history, making
sure to search under any aliases the guest disclosed and under their fingerprint
number after you obtain it at the terminal.
Step 5: Analyze the guest’s criminal history to determine what relief, if any, for
which she may be eligible. Use the Detailed Expungement Worksheet to help you
analyze the guest’s situation. This step must be completed within one week of
your first meeting with the guest. Once you have completed your preliminary
analysis, it must be reviewed by an attorney. Scan and email the Case Chart and
a brief summary of your analysis to NLAP Supervising Attorney Damon Ritenhouse
at dritenhouse@yahoo.com. The scanner is located in the Center for Public
Interest Law, which is in 1153 O’Malley. After your analysis has been reviewed,
email an updated summary of your analysis to Damon. Make sure to include
information about waiting periods and drug testing if necessary.
At a Follow-Up NLAP Session:
Step 6: Review the analysis with the guest. You must be supervised by an
attorney during this step. Reiterate that your analysis is based on analysis of
Cook County records; arrests or convictions outside of Cook County would affect
the guest’s eligibility for relief. The impact of arrests that occurred outside of
Cook County should be discussed with the supervising attorney and conveyed to
guests. Write a summary of your analysis on the front part of the Guest Interview
Sheet and make a copy for the guest.
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If the guest is not eligible for relief, you may want to review ILAO’s
frequently asked questions about executive clemency.
If the guest is in a waiting period, make sure she understands that any
future arrests will affect her eligibility.
If the guest appears to be eligible for expungement or sealing, he will
need to obtain his RAP sheet. Review the RAP sheet / Drug testing
flyer with the guest and give him a copy.
When Guest Returns with RAP Sheet
Step 6: Review RAP Sheet. If the RAP sheet matches the court records, you can
draft the petition. Any discrepancies must be resolved before you can draft the
petition, so inquire about additional aliases. It may be necessary to return the
Daley Center to search under an additional alias and to revise your original
analysis of the guest’s eligibility for relief.
Step 7: Draft Petition. If the guest is eligible for expungement, use the CGLA
spreadsheet to draft the petition. (You can do this during the NLAP session if
time permits. If the guest’s criminal record contains more than ten arrests or if
the session is extremely busy, you can complete the petition after the session but
you must make arrangements to get the petition to the guest. When indicated,
you may also need to instruct the guest that he or she needs to get a drug test
and attach a hard copy of the results to the petition. Please refer to the Drug
Testing Worksheet for details about where to get tested and the cost for doing
so. You must note these arrangements on the Guest Information Sheet. When
the petition is complete, send an email to Damon Ritenhouse at
dritenhouse@yahoo.com with a copy of the final petition and noting that the
guest has received the petition and a copy of the flyer on How to File My
Expungement Petition.
Make sure to summarize all instructions on the front page of the Guest
Interview form, and give a copy of the front page (not the original) to
the Guest before she leaves.