Legal Question in Criminal Law in Illinois

retail theft

I ws caught shoplifting over five years ago. I was never arrested for it. As a punishment I got a small fee and six months of supervision. I went to court yesterday and they have no record of that case. Will my future employer be able to dig this dirt on me?

Thank you for your response.


Asked on 10/12/06, 12:14 am

1 Answer from Attorneys

Amil Alkass LAVELLE LAW, LTD

Re: retail theft

This communication and response is not intended as and should not be construed or understood to be legal advice. The response stated below is intended solely as a general discussion and/or forum of legal principles. You should not rely on or take action based on this response without first presenting ALL relevant details and facts to a competent attorney in your jurisdiction and then receiving that attorney's individualized advice for you. By reading the response or reply to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. DO NOT READ ANY FURTHER IF YOU DO NOT AGREE.

Yes, unless your criminal records are physically destroyed, your employer may find information related to your offense of shoplifting. You must file a petition for expungement to have those physically destroyed by the court and by the law enforcement agencies. The law prohibits employers from considering any expunged or sealed records, and from asking whether you ever sealed or expunged any records. To expunge or seal your criminal record, you must file a Petition in the county where you were arrested or where you had your court case. The Illinois Appellate Defender�s website has four different forms for such Petitions. You will have to pay to file your Petition, or get that fee waived. When you file, ask the Clerk if a court date is required. Some counties don�t require one; others do. Make sure you know how your county does it. Four places must get a copy of your Petition once it is filed with the Clerk's office: the State�s Attorney where you file,

the agency that arrested you, that agency�s chief legal officer, and the Illinois State Police.

Please contact me if you any further questions. Good luck.

Read more
Answered on 10/12/06, 10:35 am


Related Questions & Answers

More Criminal Law questions and answers in Illinois