Can a Class 2 felony be expunged in Illinois?

Asked by: Jessy Kassulke II  |  Last update: August 30, 2022
Score: 4.6/5 (12 votes)

More serious offenses (including Class 2, 1, or X felonies) may not be sealed, but may qualify for executive clemency and expungement through a pardon. In order to apply for this pardon, you will have to submit a Petition for Executive Clemency.

What felonies Cannot be expunged in Illinois?

WHICH CASES CANNOT BE EXPUNGED IN ILLINOIS?
  • DUI.
  • Reckless Driving if you were over 25.
  • Domestic Battery.
  • Most sexual cases.
  • Animal Cruelty cases.
  • Battery to an unborn child.
  • Violation of Order of Protection.
  • Violation of no Stalking Contact Order.

How long does a felony stay on your record in Illinois?

If you were convicted of a misdemeanor or felony , you can seal 3 years after the end of your last sentence. This also applies if you successfully completed special, qualified probation (like 710-1410 or TASC). Certain convictions may not be sealed until you are no longer required to register.

Can felony charges be expunged in Illinois?

The following types of arrests, charges, or sentences on your criminal record can be expunged: o Arrests for misdemeanors and felonies that did not result in a conviction. An eligible misdemeanor or class 4 cannabis conviction under the Illinois Cannabis Regulation and Tax Act, 410 ILCS 705.

What convictions can be expunged in Illinois?

CERTIFICATES OF SEALING
  • Sex offenses.
  • Crimes of violence.
  • Domestic Violence cases, including: Aggravated Assault. Violation of an Order of Protection. Domestic Battery. Aggravated Battery. Aggravated Domestic Battery.
  • Gun cases.
  • Driving Under the Influence cases.

Record Expungement & Sealing In Illinois

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How do you get a felony expunged in Illinois?

For misdemeanor or felony convictions that do not qualify for sealing, the only way to clear your record is to receive a pardon from the governor. The pardon must specifically authorize the expungement of your record. You can learn more about pardons by visiting the State of Illinois Prisoner Review Board website.

Can a felon get a FOID card in Illinois?

If you have a non-forcible felony, like retail theft, your FOID application may not be denied. Your application might be denied if you have a low level felony conviction.

How far back does a background check go in Illinois?

How Far Back Does a Background Check Go in Illinois? The FCRA limits reporting on any criminal arrests that failed to result in a conviction that occurred more than seven years ago. If the candidate is being considered for a position that pays a salary of at least $75,000 this time restriction does not apply.

How long does expungement take in Illinois?

After the petition is filed, the state's attorney, the state police, and all other notified parties have 60 days to object. If the judge grants the petition, an order is entered, and all state agencies are given 60 days to expunge or seal the record. The total process typically takes about six months.

How do I expunge my criminal record in Illinois for free?

You may call toll-free (866) 787-1776 in Chicago or (866) 431-4907 Statewide, or e-mail expungement@osad.state.il.us.

Can a felon get a passport?

Most convicted felons and ex-felons can get a passport. However, even if you are issued a passport, it does not mean that you will be able to travel anywhere you wish. Many countries refuse to let convicted felons enter their borders, both for public safety and for political reasons.

What disqualifies you from owning a gun in Illinois?

Under federal law, people are generally prohibited from purchasing or possessing firearms if they have been convicted of a felony or some domestic violence crimes or if they are subject to certain court orders related to domestic violence or a serious mental condition.

Can a convicted felon vote in Illinois?

Regardless of your criminal record, anyone who is not serving time for a conviction is eligible to vote in Illinois. serving a sentence in any federal or state prison, county jail, or are on work release.

How do you get a felony pardon in Illinois?

The process is started by submitting a Petition for Clemency with the Illinois Prisoner Review Board. This petition must include all of the information about your case and provide the reasons why you should be granted a pardon by the Governor.

How can I clear my criminal record?

You can apply to have your criminal record expunged when:
  1. a period of 10 years has passed after the date of the conviction for that offence.
  2. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
  3. the sentence was corporal punishment.

How can I get my gun rights restored in Illinois?

Unfortunately, you cannot currently restore your firearm rights in Illinois. In order to petition to restore your rights, you must first be denied an Illinois Firearm Owner Identification Card (FOID Card). You must be a resident of Illinois to apply for a FOID Card.

Can a felon be a real estate agent in Illinois?

The application for a real estate salesperson license is granted, subject to Probation for a period of 2 years, for having been convicted of a felony.

Who can see sealed records in Illinois?

No other employer can see any cases that are sealed. Landlords also cannot see any record that has been sealed. Law enforcement agencies, on the other hand, can still see sealed records. Law enforcement agencies include police departments, the courts, and State's Attorneys.

How do I find my criminal record in Illinois?

To obtain these public records, visit the state records website by typing in “Illinois State Records.” Next, type in the person's name and city to conduct a free background check.

Can Illinois employers ask about felony convictions?

Under the law, employers may not ask about or consider an applicant's criminal history until they have: determined the applicant to be qualified for the position, and. notified the applicant of being selected for an interview, or if there is no interview, extended a conditional job offer to the applicant.

Does Illinois have a Ban the Box law?

Illinois Passes Ban-the-Box Legislation Limiting Employers' Criminal Background Checks on Applicants. A new Illinois law prohibits employers from inquiring into a prospective employee's criminal background on its application or during the early stages of application review.

What jobs can you not do with a criminal record?

7 Jobs You Can Never Get With a Criminal Record
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  • Law enforcement. ...
  • Finance. ...
  • Retail. ...
  • Government.

Can a convicted felon ever own a gun in Illinois?

Under Illinois law: “It is unlawful for a person to knowingly possess on or about his person or on his land or in his own abode or fixed place of business… any firearm or any firearm ammunition if the person has been convicted of a felony under the laws of this State or any other jurisdiction.”

Does expungement restore gun rights in Illinois?

Expungement, record sealing, and juvenile expungement do not restore firearm rights, but successfully petitioning for relief to obtain a FOID (firearm owner's identification card) does restore these rights.

Can a felon go to a gun range in Illinois?

In 1968, the federal government passed the Gun Control Act to prevent any convicted felon from exercising their gun rights. Under the law, both non-violent and violent felons are legally prohibited from buying or operating a gun.