How can I get my record expunged for free in Illinois?
Asked by: Mrs. Beaulah Waters PhD | Last update: August 1, 2022Score: 4.1/5 (41 votes)
If you cannot afford the Circuit Clerk Filing Fee or the Illinois State Police Processing Fee, you can ask the court to waive them. You can find a fee waiver form, which can be used to waive fees in expungement and sealing cases, at: illinoiscourts.gov/forms/approved.
How much does it cost to get record expunged in Illinois?
1. How much does it cost? Getting your record expunged or sealed will cost you a filing fee at the courthouse plus $60 for the Illinois State Police. Some local law enforcement agencies may also charge a processing fee.
Do I need a lawyer to expunge my record in Illinois?
You do not have to have a lawyer to seal or expunge your record, but you may decide to hire one to help with the process. RESOURCES ON EXPUNGEMENT AND SEALING RECORDS: Illinois Attorney General's Office website at: http://www.illinois.gov/osad/Expungement/Pages/default.aspx.
What offenses can be expunged 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.
How can I clean my 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.
Record Expungement & Sealing In Illinois
How long does the expungement process take 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 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.
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.
What misdemeanors 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 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 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.
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.
Will a sealed misdemeanor in Illinois show on a background check?
Although a sealed record is accessible to some degree, sealing a criminal record provides a massive opportunity for you to move ahead in life because, in most cases, your sealed criminal conviction will not come up in a background check.
How do I file a expungement in Cook County?
- File in person in Room 136.
- A fee is needed for filing.
- Indigency requests can be made at the time of filing and will be heard by a judge.
Do misdemeanors go away in Illinois?
Almost all misdemeanor cases can be expunged in Illinois. The courts recognize the burden that a criminal record can have on a person and their families. If you have not been convicted and a specific waiting period has gone by, you can file for expungement.
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.
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 felonies Cannot 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.
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 jobs can you not do with a criminal record?
- Teaching. A teacher and student | Angela Weiss/Getty Images. ...
- Child care. Kids collecting bugs in a jar | iStock.com. ...
- Health care. A doctor wearing a medical instrument | Karen Bleier/AFP/Getty Images. ...
- Law enforcement. ...
- Finance. ...
- Retail. ...
- Government.
How do you get a misdemeanor expunged in Illinois?
For misdemeanor or felony convictions that do not qualify for sealing, the only way to clear your record is to receive a pardon from the governor. The pardon must specifically authorize the expungement of your record. You can learn more about pardons by visiting the State of Illinois Prisoner Review Board website.
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.
Can I get my record sealed 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.
Can the Illinois State Police see expunged records?
Qualified probation cases that are expunged are still available to law enforcement. Sealed records are not destroyed by the Illinois State Police, they are available to law enforcement.
How long do things stay on your criminal record?
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).