Do I qualify for expungement in Illinois?Asked by: Percy Nienow | Last update: February 19, 2022
Score: 4.5/5 (47 votes)
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. ... These dispositions are immediately eligible for expunging irrespective of whether you have any criminal cases pending.
What crimes Cannot be expunged in Illinois?
- Animal care crimes.
- Crimes that require you to register as a sex offender.
- Crimes that require you to register as an arsonist.
- Domestic battery.
- Driving under the influence.
- Many violent crimes and murder.
How long do you have to wait to get your record expunged in Illinois?
The time frame you must wait to file for expungement is contingent on the type of criminal record in question. A person must wait anywhere between two and five years before filing to expunge an offense. There is no waiting period for arrests that did not end with a guilty verdict.
What charges can 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.
How long do you have to wait to get a felony expunged in Illinois?
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.
Record Expungement & Sealing In Illinois
Can you seal a Class 1 felony in Illinois?
Illinois Expands List of Sealable Felony and Misdemeanor Convictions. On August 24, 2017, Governor Rauner signed House Bill 2373 into law -- effective immediately -- the largest expansion of sealable convictions. ... Now, drug offenses, regardless of the felony class (X, 1, 2, 3, 4) are eligible for sealing.
What is a Class 4 felony in Illinois?
Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver's license, and theft, depending on the amount that was stolen and the circumstances involved.
Does a conviction ever go away?
If you've been convicted of a criminal offence, you will usually then have a criminal record. ... Fortunately, as a general rule, many criminal convictions will not remain on your record forever.
How do I get a criminal record off my background check?
Can criminal records be cleared? In the United States, certain types of criminal records can be expunged or sealed by a judge or court. An expungement removes arrests and/or convictions from a person's criminal record entirely as if they never happened. Even a court or prosecutor cannot view a person's expunged record.
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.
What felonies can be expunged 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 do I hide my record?
- Complete the deferred period.
- Receive a discharge and dismissal from the court.
- Wait the required time period. ...
- File a petition in the proper court.
- Pay the filing fee and get a hearing date.
- Notify the district attorney's office of the request.
Can a felony be expunged?
A felony conviction remains on an individual's criminal record for life. The only way to remove it is through expungement. It can be possible to have felony conviction expunged from an individual's record. There are usually state specific criteria that must be met prior to petitioning the court for an expungement.
How can I clear my criminal record in Illinois?
To have your record expunged and destroyed, you must file and prosecute a Petition to Expunge in the County where your case concluded. 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.
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 you get a pardon from the governor 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.
Does your criminal record clear after 7 years?
¦ Your criminal record can be expunged if 10 years have lapsed after the date of your conviction of your offence. ... ¦ Your record can be expunged after five years for other cases, unless you were ordered to pay restitution.
How long does criminal record last?
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.
How long do arrests stay on your record?
Again, a record of your arrest will still remain on PNC and an application for removal of this will need to be made under the Record Deletion Process. However if you do have any previous convictions the information will be retained for a period of 3 years.
What Offences show up on a DBS check?
This is a check of your criminal record which will show details of all spent and unspent convictions, cautions, reprimands and final warnings held on central police records (apart from protected convictions and cautions) plus additional information held on local police records that is reasonably considered relevant to ...
How far back does a basic DBS check go?
There is no limit to how far back an enhanced or standard check can go. For basic checks, only unspent convictions will be listed on a certificate.
What is considered a criminal record?
You may have a conviction if you have pleaded guilty to or been found guilty of a crime. A criminal record has information about your contact with the police. ... After this time, the conviction becomes known as 'spent'. If you don't tell an employer about convictions when you should, they might take action.
What is the lowest felony you can get?
So, exactly what is a 4th Degree felony then? In states who apply this category of crimes, it is the least serious type of felony offense that a defendant can be charged with and is one step above the most serious level of misdemeanor offenses.
How much jail time is a Class 4 felony in Illinois?
Under Illinois law, a prison sentence for a Class 4 felony conviction must fall within 1 to 3 years. Class 4 felony convictions can also include fines of up to $25,000. All convictions in Illinois, whether felony or misdemeanor, will remain on your criminal record unless you are pardoned or get the charge expunged.