Do felonies go away in Illinois?

Asked by: Bo Erdman  |  Last update: July 26, 2022
Score: 4.2/5 (21 votes)

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.

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.

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.

How long does it take to Expunge a felony 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.

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.

Illinois Felonies Explained

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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 it take to seal criminal 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.

Can a Class 2 felony be expunged in Illinois?

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.

How do I get my criminal record sealed 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 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.

Can felons 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. For example, a felony Class 4 conviction for possession of a controlled substance.

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 long do you have to wait to get your record expunged in Illinois?

There is no waiting period. You can expunge your record immediately. You were sentenced to supervision. You must usually wait at least 2 years from the date you successfully completed supervision.

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.

How long will criminal record last?

If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).

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 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 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.

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.

Is a Class 1 felony Probationable in Illinois?

Class 1 Felony in Illinois

Other Class 1 felony charges are probationable, allowing a person who is convicted to avoid spending time in prison. Some Class 1 felony charges in Illinois carry an 85% mandatory minimum, although most do not.

What is expungement Illinois?

Expungement or Sealing in Illinois If You Were Not Convicted of a Crime. If you were arrested for a crime, or arrested and charged with a crime but not convicted, your record may be eligible for expungement or sealing. It is always best to have your record expunged.

Is a Class 2 felony Probationable in Illinois?

A Class 2 Felony is punishable with a minimum term of imprisonment of 3 years up to a maximum of 7 years. See 730 ILCS 5/5-4.5-35. Class 2 Felonies are generally probationable. However, any individual with a criminal history is vulnerable to special sentencing conditions.

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.

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.

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.