Can you expunge a Class 3 felony in Illinois?

Asked by: Prof. Christopher Lowe  |  Last update: July 18, 2022
Score: 4.4/5 (43 votes)

The Certificate of Sealing can only be used with a one-time conviction of a Class 3 or 4 Felony. You must wait 5 years from the end of the sentence or 5 years from the last arrest before being eligible to file a petition.

What felonies can be expunged in Illinois?

What Felonies Can Be Sealed in Illinois?
  • Sex offenses.
  • Violent crimes.
  • Domestic violence crimes (including assault, violation of an order of protection, domestic battery, aggravated battery, aggravated assault and aggravated domestic battery)
  • Gun crimes.
  • Drunk driving crimes.

Can felony charges be expunged in Illinois?

Illinois felony expungement law allows certain felonies to be expunged. If your case does not qualify for expungement, you may be able to seal it. Most felony cases are eligible to be sealed in Illinois. There are specific waiting periods before you can file for felony record expungement.

What qualifies for expungement in Illinois?

You may be immediately statutorily eligible for an expungement if the final disposition of your case was that charges were: dropped, dismissed, acquitted (not guilty) or arrested without charging. This is true regardless of whether you were charged with a felony or a misdemeanor.

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.

Class 3 Felony in Illinois - First Offense

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How long does it take to get a felony expunged in Illinois?

The state of Illinois has up to 60 days to object to your Petition to Expunge or Petition to Seal. The speed of processing within your jurisdiction can also be a factor. Provided there are no objections and the petition is processed within a reasonable amount of time, three to four months is a solid estimate.

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 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 do you get a pardon in Illinois?

In order to get a pardon in Illinois, you have to petition the governor's office. It's called executive clemency, and the governor has the authority to approve or deny your petition.

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.

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.

What cases can be sealed 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.

What is a Class 3 felony in Illinois?

Crimes that are categorized as Class 3 felonies include: aggravated battery in certain places (such as in public property or in places of worship) or against certain victims (like the elderly, pregnant women, or teachers) theft of property worth between $500 and $10,000, and. possession of less than five grams of meth.

How long does clemency take in Illinois?

The process to receive Executive Clemency or Pardon in Illinois is very lengthy. The process takes at least 12 months, although they generally take several years. Each case is different and the Prisoner Review Board and Governor have complete discretion over the process.

Can a felon work for the state of Illinois?

Illinois Gov. J.B. Pritzker signed the Employee Background Fairness Act into law March 23, prohibiting employers in the state from disqualifying job applicants with conviction records, with some exceptions.

Can I clear my criminal record after 5 years?

You may apply for expungement if: - The offence was committed when you were under 18 years of age. - Five years have lapsed after the date of conviction in the case of a Schedule 1 offence.

Does a criminal record stay with you for life?

Why is it still on my record? Since 2006, the police retain details of all recordable offences until you reach 100 years of age. Your conviction will always show on your police records but the conviction may not show on your criminal record check that is used for employment vetting purposes.

Do you have to declare a criminal record after 10 years?

Most will only ask for unspent convictions, although some might ask for 'any convictions in the last 5 years'. If it's spent, you do not need to disclose it under any circumstances when applying for insurance.

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.

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.

How can I check my criminal record in Illinois?

You can get records at the Illinois State Police Department, the Chicago Police Department, specific suburban or municipal police departments, specific county sheriff's department, and the Illinois Circuit Court .

Is a Class 3 felony Probationable in Illinois?

A Class 3 Felony is punishable with a minimum term of imprisonment of 2 years up to a maximum of 5 years. See 730 ILCS 5/5-4.5-40. These offenses are generally probationable.

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.”

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.