How do I get rid of a felony in Illinois?
Asked by: Mrs. Mara Hoeger | Last update: April 25, 2025Score: 4.2/5 (53 votes)
People with qualifying arrests and convictions may petition the court of their sentencing county to expunge or seal their records. We can answer your questions regarding eligibility for expungement and sealing.
How do I get a felony off my record in Illinois?
The expungement and sealing processes are nearly identical. First, you must file a petition and pay a fee with the circuit clerk in the county in which the arrests occurred or the charges were brought. If you were arrested or charged in multiple counties, then you must file a petition in each of those county.
Do felonies go away after 7 years in Illinois?
Having an arrest or conviction on your public record is more than embarrassing; it can affect your employment and housing options unless you are approved for a felony expungement. Since felony convictions stay on your criminal record for life, it is a good idea to do whatever it takes to have them removed legally.
Can a felony conviction be removed?
California Law
For example, in California, felony convictions can only be expunged if: no time was served in state prison, felony probation was successfully completed, and. you are not currently facing criminal charges, on probation, or serving another sentence.
How much does it cost to have a felony expunged in Illinois?
Expunging Your Record ($375.00)
Includes locating your record, if necessary. Identifying which government entities the petitions and court orders must be sent to. Preparing petitions, orders, notices, and any corroborating documents.
📝HOW TO EXPUNGE FELONY CRIMINAL RECORD || 5 Steps
What cannot be expunged in Illinois?
- Any arrests, charges, or sentences outside Illinois.
- Any federal criminal cases, even if they happened in Illinois.
- Any sentences you have not yet completed, including parole, probation, or court supervision.
Can I own a gun with an expunged felony in Illinois?
You can't get a gun in Illinois if you've been convicted of a felony. A small number of people are eligible for felony record expungement, though, so it's a good idea to talk to a Chicago expungement attorney about your situation if you think you might be eligible.
How do you recover from a felony conviction?
In California, expungement can offer a fresh start. It doesn't completely erase your record, but it can show that you've served your time and moved on. Record sealing is another option, making your record less visible to the public eye.
What is the second chance program for felonies in Illinois?
The second chance program is designed for first-time offenders who are willing to take responsibility for their conduct and want to keep a felony conviction off their record. If the defendant completes the program, the charges are dismissed with prejudice.
How often are felonies dismissed?
Regardless of the cause, around 25-30% of felony charges get dropped before trial, so there's a decent chance your case could get dismissed, too. Of course, there's no way to know for sure. That's why you need to depend on a strong and experienced San Marcos, TX criminal defense attorney.
Is Illinois a felon-friendly state?
According to the ABA, 1,449 Illinois statutes constrain convicted felons' rights, entitlements, and opportunities. Of those constraints, 77 percent impose restrictions on convicted felons' employment, occupational licensing, and business activities.
What is the new expungement law in Illinois?
Illinois became the 23rd state that will automatically expunge a juvenile's record in certain circumstances. The law will take effect on Jan. 1, 2025.
Are felonies on your record for life?
In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison. You can face serious obstacles until you get the conviction removed from your criminal history.
How to get a felony reduced to a misdemeanor in Illinois?
Once a conviction is entered, in Illinois, the felony charges cannot be reduced to misdemeanor charges. However, it may be possible to get your felony charges expunged or sealed. Not every situation merits expungement, so contact a Criminal Defense Attorney to review your case.
Does a felony ever go away in Illinois?
Many individuals who are charged with misdemeanors and felonies do not realize that an arrest becomes part of your criminal record, regardless of the final outcome. Fortunately, you can have these records erased through the process of expungement. Before you begin the process, however, you must find out if you qualify.
How do I get a felony waiver?
Providing strong documentation is crucial to the felony waiver process. You will need to provide documentation, such as: Court records and police reports. Proof of rehabilitation, such as counseling or community service.
What is the lowest felony in Illinois?
A Class 4 felony is the least serious felony charge, carrying 1-3 years of jail time and fines of up to $25,000. Class A misdemeanors are the most serious, with fines of up to $2,500 and up to 364 days in jail.
Can you remove felonies?
Paths to dismiss a felony conviction
You can ask to have your felony conviction dismissed if both: You have no new cases pending. You are not on probation or parole in any case.
Can a felon get a passport?
Yes, a convicted felon can usually get a passport, but it depends on the felony and other factors: Felony typeSome felonies can automatically disqualify you from getting a passport, including: International drug trafficking Trafficking minors "Sex tourism" offenses Treason.
Can a felon live a good life?
A felony conviction may be life-changing but it's not life-ending. You can still live a good life but you'll need to overcome many challenges. That's why you need someone on your side who can defend you from the charges you face.
Can a felon own a gun after 10 years in Illinois?
To restore your eligibility, you must demonstrate to the state police director or a county court judge that you meet the following criteria: You haven't been convicted of any violent or forcible felony charges in the past 20 years.
How to get a felony expunged in Illinois?
- A petition is filed with the Office of the Clerk of the Circuit Court, and it receives a case number.
- A copy of the petition along with a receipt for the fee is given to the petitioner.
- Petitioner receives a form explaining the expungement.
What states restore gun rights to felons?
- Colorado, Kansas, Louisiana, Minnesota, North Carolina, North Dakota, Oregon and South Dakota automatically restore firearms rights to convicted felons - including those who committed violent crimes - but make them wait five to 15 years after they complete state supervision, the center and ATF found.
What is a class 2 felony in Illinois?
Class 2 felonies include crimes such as burglary, arson, and some drug offenses. A conviction for a Class 2 felony in Illinois typically carries a prison sentence ranging from three to 7 years. However, the court may extend the sentence to 7 to 14 years if certain aggravating factors exist.
Can a judge see an expunged record?
If you are arrested again for another crime, law enforcement agencies, prosecutors, and the criminal court may still be able to see your expunged records. The court can use your prior conviction against you as allowed by state and federal law.