Can you seal a Class 1 felony in Illinois?Asked by: Luigi Bradtke | Last update: August 4, 2022
Score: 4.7/5 (53 votes)
Now, drug offenses, regardless of the felony class (X, 1, 2, 3, 4) are eligible for sealing. For the first time, certain forcible felony offenses can be sealed: murder, robbery, residential burglary, burglary, aggravated battery, to name a few.
Can you get a felony sealed in Illinois?
Most misdemeanor and felony convictions qualify for sealing in Illinois, but some—including driving under the influence, domestic battery, animal care crimes, and most sex offenses—do not.
What crimes Cannot be sealed in Illinois?
- 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 charges 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.
What criminal records can be sealed in Illinois?
- Driving under the influence.
- Reckless driving, unless you were less than 25 years old when you were sentenced.
- Minor traffic offenses.
- Domestic battery or battery of an unborn child.
- Violating a Civil No Contact Order, Stalking No Contact Order or Order of Protection.
- Sex offenses (except prostitution )
Illinois Felonies Explained
What is a Class 1 felony in Illinois?
A Class 1 Felony in Illinois is the 2nd most serious class of felonies in the State of Illinois. This class of felony involves very serious crimes, such as criminal sexual assault, possession of heroin/cocaine/opioids and theft that was valued from $10,000 to $100,000.
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.
How long does it take to seal a record 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 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 much does it cost to expunge in Illinois?
The filing fee for expungement/sealing is $215.00, which covers the cost of filing the petition, copy fees, mailing and postage fees for the required notices, and fees to the Illinois State Police. There is no fee to file a petition to expunge a juvenile record.
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 do I file a clemency in Illinois?
- File executive clemency petition before the public hearing date. ...
- Type and print your petition. ...
- Gather other documents. ...
- Get the petition notarized and make copies. ...
- Mail your petition to the state's attorney's office and your sentencing judge. ...
- Mail petition to the Prison Review Board.
How do I expunge my criminal record in Illinois?
o Step 1: Get copies of your criminal records. o Step 2: Review your criminal records and figure out if you can apply for expungement or sealing. o Step 3: Fill out the expungement and/or sealing form. o Step 4: File the form to begin the process.
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 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.
What is qualified probation Illinois?
410/710/1410 Probation: This type of “qualified probation” allows the defendant to be placed on 24 months probation as a first-time drug offender without being convicted. A conviction is never entered, and five years after completing probation, the record is eligible for expungement.
What crimes can a Governor pardon Illinois?
What types of crimes can be pardoned? Any conviction in the State of Illinois is eligible for clemency, no matter what the charges were or when the conviction occurred. Historically, the longer it has been since your last conviction, the stronger chance you have of receiving clemency.
What crimes can a Governor pardon?
reprieves, commutations and pardons after conviction, for all offenses except treason, and except in case of impeachment, subject to such regulations as may be prescribed by law relative to the manner of applying for pardons.
Can a felon hunt in Illinois?
You are prohibited if you have been convicted of a felony in the State of Illinois or any other jurisdiction, you are under 18 and have a firearm of any size that can be concealed upon the person, you are under 21 years old and have been convicted of a misdemeanor other than a traffic offense, you are a narcotic addict ...
What felonies Cannot be expunged in Illinois?
- 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.
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.
How can I clear my criminal record?
- a period of 10 years has passed after the date of the conviction for that offence.
- you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
- the sentence was corporal punishment.
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.
How much time does a Class 1 felony carry in Illinois?
More specifically, Illinois law provides that a prison sentence for a Class 1 felony, other than for second-degree murder, must fall within 4 to 15 years. The sentence of imprisonment for second-degree murder must fall within 4 to 20 years. Class 1 felony convictions can also see the imposition of fines up to $25,000.