Yesterday the Illinois Senate overwhelmingly passed a bill that would require online dating sites to disclose whether they performed criminal background checks on their members.  The bill will now go before the Illinois House, where a similar bill already got committee approval. 

The legislation would force dating sites to state whether they allow individuals with criminal backgrounds to become members, as well as whether the dating site actually performed a criminal background check on the members.  If the site does do criminal background checks, then the legislation would require the sites to do so by using official government databases, such as Illinois criminal court records and sex offender registries.

This is yet another example of how today’s information age makes it difficult for people to put their past behind them.  If online dating sites begin doing criminal background checks on all of their members, you can bet that criminal records will be one of the first search filters used by prospective mates.  Even if the site doesn’t disclose what the actual criminal charges were, they would still be in the position of filtering out matches for members based on the information that they possess.  Those with criminal records already face difficulties with potential employers and landlords, but now they will encounter those same difficulties in their love lives as well?

Before joining one of these dating sites, you should consider clearing your criminal record first.  If you expunge or seal your criminal record, then the dating sites would not be able to see your case(s) when they do a background check.  If you are not eligible to expunge or seal, then you can always seek a Governor’s pardon which, if granted, will then allow you to expunge the criminal record.  Don’t let Mr. or Mrs. Right slip away because of a mistake made in the past!

Last month, the FBI’s Chicago office announced that it will be creating a task force to combat identity fraud.  According to the FBI, identity fraud is the nation’s fastest growing crime problem.  The task force will combine resources and enforcement strategy from federal, state, and local agencies in order to develop a comprehensive and robust attack on this growing danger.

When it comes to identity theft, most people simply look at it in basic financial terms.  They fear that some criminal is going to steal their personal bank or credit card information.  However, identity theft can take other forms as well.  The one I come across most often is when someone’s identity is stolen for criminal prosecution cases.  It happens quite often where a person is arrested and prosecuted all the while using somebody else’s name and identity.  Perpetrators do this so that they may avoid picking up a charge on their criminal record.

I frequently come across clients who had no idea there was some conviction on their criminal record which came about because someone stole their identity.  While the victim of the theft doesn’t have to serve the sentence since they weren’t the one actually convicted, they may still be harmed in other ways.  Background checks are done all the time now by everyone from potential employers to potential landlords.  Having an unknown offense on your criminal record can be the hidden road block that prevents you from reaching your dreams.

People should make sure that they are aware of any potential erroneous cases on their criminal record, especially if they have been a financial victim of identity theft.  It’s fairly simple to look into your criminal history from the FBI or Illinois State Police.  It would be a good idea to do a background check before any major life change (for example, before beginning a job search).

If you do find that you have been a victim of identity theft, the court will allow you to expunge it from your record.  If the expungement is granted, your name will be removed from the case files and police records, and it will be obliterated from the official index kept by the circuit court clerk.