McHenry County courthouse to host its 1st free clinic on expunging, sealing criminal cases

When Peter Schmidt was 21, he was “very, very drunk” and took part in what he thought was a “prank” with some friends.

That mischief turned into a felony burglary charge that could have landed him five to seven years in prison.

A free clinic to learn about sealing and expunging criminal records is being offered for the first time from 9 a.m. to 12 p.m. Friday, Sept. 29, at the McHenry County courthouse.

—  McHenry County Circuit Court Clerk Kathy Keefe

The Crystal Lake resident pleaded guilty to burglary, a Class 3 felony, and was sentenced to three years of intensive probation, was placed on house arrest and participated in a rehabilitation program for alcohol and substance abuse.

During his probation he earned two degrees from McHenry County College, and then afterward he earned a bachelor’s degree in information systems security from the University of Illinois in Springfield.

Schmidt has been sober since 2017.

But he said it seemed no matter how many degrees he earned, how many years passed and how many good deeds he performed, his conviction still held him back.

Earlier this year, however, Schmidt, now 36, had his records sealed, an option McHenry County residents can pursue through a free upcoming clinic.

A clinic on how to seal or expunge criminal records is being held for the first time from 9 a.m. to noon Friday, Sept. 29, in the McHenry County courthouse, sponsored by the McHenry County Bar Association and Prairie State Legal Services.

This is an opportunity for people to learn about sealing and expunging criminal records. At the clinic, volunteer attorneys – including Schmidt’s attorney, Brian Stevens – also will help prepare and file requests to expunge or seal records for free. This service typically costs about $275, Stevens said.

Expunging an offenses means erasing the criminal record. This option is available for low-level, nonviolent first offenses that did not result in convictions. That’s not an option for Schmidt because his case resulted in a conviction.

Sealing the record of a past, low-level offense can be done in some cases, such as Schmidt’s, after the person followed through on all the required steps and truly turned his or her life around.

Expungements and the sealing of cases are not options for those who committed murder, violent crimes or other serious felonies.

“These are the kind of people putting one mistake behind them,” Stevens said. “It is kind of a peace-of-mind situation. They know their mistake is not going to follow them around the rest of their life.”

Stevens said Schmidt “is a prime example of how a person can make a mistake when they are young and immature, but they have motivation to succeed, not let that single lack of judgment define them.”

Schmidt said he wanted to seal his record because he finds he continually has to explain his past. Sealing it will keep it from automatically showing up in background searches.

“I had to almost sell myself to people,” Schmidt said, adding that it seems “you can do nine things right and one thing wrong ... out of every 10, they focus on the one.”

Now, for a potential employer, school or housing, to access his record would require filing a petition that would need to be granted by a judge, Stevens said.

You can do nine things right and one thing wrong ... out of every 10, they focus on the one.”

—  Peter Schmidt of Crystal Lake

However, Stevens said he has never seen an employer try to unseal someone’s record, and “it would almost never be granted.”

But some employers are required by law to perform in-depth background checks, including hospitals, licensed day cares and police and fire departments, he said. In these cases, the access is typically granted with the potential employee’s consent and accompanied with a run of fingerprints.

Defense attorney George Kililis, who has been an attorney for 25 years including three as an assistant state’s attorney in McHenry County, said he could share hundreds of stories resembling Schmidt’s, where people just want to move on with their life; gain better employment; advance in their careers; and provide better for themselves, their families and their community.

The upcoming clinic is “wonderful,” Kililis said, noting that it is an opportunity for more people to learn about expunging and sealing their past “stupid mistakes.”

Some will pursue this step immediately after their case is adjudicated and they have served out their sentences, while others will wait years until one day their past mistake shows up, he said.

“I routinely serve people who have had something in their background for years, and it really wasn’t an issue until all of a sudden they are applying for a new job or are going back to school and (seeking) a professional life, or because they are seeking advancement in what they do, then all of a sudden that thing from years ago is holding them back,” Kililis said.

Such hearings are common in the courthouse, and the state’s attorney’s office is always present, objecting when it feels it is not appropriate, though Kililis said that doesn’t happen often.

Schmidt, who moved to Chicago last week to attend DePaul University, where he is working toward a master’s degree in network engineering and security, said before sealing his record it was readily available to the public eye.

Sealing his record makes it possible for him to apply and have a fair shot at being hired by larger companies in higher-level roles, he said.

He acknowledged that sharing his story could potentially put him at risk of bringing attention to his past, the opposite result of having it sealed. He is aware this could chance gaining higher employment, but he also knows his story could help others and show people that if they, too, follow the rules and clean up their lives, they can turn around their circumstances.

“If you want to make the changes and want to put your money where your mouth is, if you really want to do it, you can do it,” Schmidt said. “You just have to make up your mind that it is possible.”