Can I own a gun with an expunged felony in Illinois?
Asked by: Dr. Clint Leffler Jr. | Last update: June 26, 2025Score: 4.1/5 (14 votes)
You can't get a gun in Illinois if you've been convicted of a felony. A small number of people are eligible for felony record expungement, though, so it's a good idea to talk to a Chicago expungement attorney about your situation if you think you might be eligible.
Does expungement restore gun rights in Illinois?
NOT ONLY DOES Illinois have new laws allowing for expungement of arrests and criminal convictions, a recent ruling from the Illinois Supreme Court allows for the restoration of gun and other civil rights. If you are looking for a fresh start please contact us for a free, no obligation consultation.
How many years after a felony can you get a gun in Illinois?
Convictions that lead to automatic denial
Any kind of forcible felony conviction within 20 years of the FOID card application, Certain types of felony drug convictions, Any conviction within the last 5 years for battery or assault with a firearm, A juvenile adjudication that's a forcible felony equivalent, or.
What disqualifies you from owning a gun in Illinois?
There are several things that will disqualify you from owning a firearm in IL, such as: Not being a US citizen or legal alien. Having a medical marijuana license (this prevents you from purchasing from an FFL, but does not prevent you from owning) Being convicted of a felony.
Will a sealed record show up on a gun background check?
FBI for background checks related to firearms. Courts can still access your sealed convictions and may count them for the purpose of sentence enhancement or for establishing the elements of a subsequent crime.
How I got my gun rights restored as a violent felon. FULL Process explained.
How far back does a gun background check go?
The FBI's NICS system reviews eligibility based on current and recent events that would prevent someone from purchasing guns legally. For most criteria, the lookback period is typically around 5 years. However, some disqualifying events remain permanent.
Who can see sealed records in Illinois?
Sealed records are not destroyed by the Illinois State Police, they are available to law enforcement. Only sealed felony conviction records are available to specific employers that are authorized by law to conduct fingerprint-based background checks through the Illinois State Police.
Can I get a foid card with a sealed record in Illinois?
A firearm owner's identification card enables you to lawfully own a firearm in the state of Illinois. However, these identification cards are not available to people who have been convicted of specific crimes. That's why the key is to have your criminal record expunged if possible.
Who is exempt from Illinois gun ban?
However, the act does include exceptions for law enforcement, private security, prison guards, and active military personnel. Illinois citizens not exempt from the ban must register their owned firearms from the list with the state police before the January 1, 2024, deadline.
Can I buy a gun if my felony was reduced to a misdemeanor?
If you are convicted of a charge which is included in the list, you will not be able to own a firearm within the state of California for 10 years after the conviction. This applies even if the charge was originally a felony and was reduced to a misdemeanor.
Do felonies go away after 7 years in Illinois?
Having an arrest or conviction on your public record is more than embarrassing; it can affect your employment and housing options unless you are approved for a felony expungement. Since felony convictions stay on your criminal record for life, it is a good idea to do whatever it takes to have them removed legally.
What state allows felons to own guns?
- Colorado, Kansas, Louisiana, Minnesota, North Carolina, North Dakota, Oregon and South Dakota automatically restore firearms rights to convicted felons - including those who committed violent crimes - but make them wait five to 15 years after they complete state supervision, the center and ATF found.
Can a felon live in a house with a gun in Illinois?
Even if you have no intention to use, carry, transport or otherwise do anything more than store the firearm, this will still result in potential exposure to a conviction of unlawful use of a weapon by a felon. Even if a firearm that is owned by someone else is found in your home, you can be charged with UUW Felon.
What felonies Cannot be expunged in Illinois?
Violent Crimes encompass offenses such as murder, attempted murder, and aggravated battery. These crimes involve significant harm or threat of harm to individuals, making them ineligible for expungement. Convictions for a felony or misdemeanor offense also cannot be expunged.
How much does it cost to get your gun rights restored?
We will let you know what cases are problems on your record, how you can fix any problems, and we will let you know exactly what the restoration will cost. Low Cost to Start: This service is only $300. To actually restore your rights may cost anywhere from $750 to several thousand dollars.
What disqualifies you from buying 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.
What is the new gun law in Illinois?
On January 10, 2023, Governor JB Pritzker signed into law Public Act 102-1116 Opens in new window , the Protect Illinois Communities Act (Act). The Act regulates the sale and distribution of assault weapons, high-capacity magazines, and switches in Illinois. The Act went into effect immediately upon signing.
Can you shoot a carjacker in Illinois?
In Illinois, we have the right to defend ourselves against violent carjackers. If you are a gun owner facing criminal charges for defending your life, you need an experienced criminal defense lawyer at your side.
Can you have a gun in your car with a FOID card in Illinois?
Under Unlawful Use of Weapons (UUW) in the Criminal Code, persons who have been issued a valid FOID card may transport a firearm anywhere in their vehicle or on their person as long as the firearm is unloaded and enclosed in a case, firearm carrying box, shipping box, or other container.
Does Illinois do a background check for FOID card?
Illinois generally requires people to obtain a license called a Firearm Owner's Identification (FOID) Card from the Department of State Police, issued pursuant to a background check, in order to acquire or possess firearms within the state of Illinois.
What is the new law in Illinois about the FOID card?
Beginning January 1, 2023, upon a Firearms Transaction Inquiry Program (FTIP) approval, the Illinois State Police (ISP) will automatically renew a person's Firearm Owner's Identification Card (FOID) for individuals who have submitted a full set of fingerprints to ISP specifically for their FOID card or Concealed Carry ...
Can I buy a gun if my record is sealed Illinois?
Even if your criminal record is sealed, it will show up on this type of background check. That means the state of Illinois will know that you were convicted of a felony in the past, and it may deny your FOID card application. Related: Do arrests show up on a background check?
How long does a felony stay on your record in IL?
Arrests, charges, and sentences that can be sealed (hidden):
Sentences of supervision or qualified probation which were not successfully completed, unless the offense is otherwise excluded. Convictions for most misdemeanors and felonies can be sealed 3 years after the end of your last sentence in any jurisdiction.
Can a judge see an expunged record?
If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.