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.

Do I need a lawyer to expunge my record in Illinois?

You can usually expunge your record if you successfully completed the diversion program, supervision or your charge was dismissed. DO YOU NEED A LAWYER? 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.

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.

Do felony charges ever go away?

Dismissed felony charges can usually be sealed or expunged right away. 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.

How to find out if your criminal record has been expunged?

You can contact the court that issued the expungement order to determine if your records have been successfully expunged or sealed.

How do I expunge my criminal record in Illinois for free?

A fee waiver allows you to file for free, or at a reduced cost. You must send a copy of your Motion and Notice of Motion forms to the State's Attorney, Arresting Agencies, Chief Legal Officer of the Unit of Local Government, and Illinois State Police. Learn more about filing a motion.

How long does it take for a felony to get off your record in Illinois?

You are eligible for expungement five years after you complete qualified probation for any misdemeanor or felony.

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 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.

Does Illinois have automatic expungement?

It is important to know that there is no automatic expungement of adult arrest or criminal court records in Illinois. Even if you were only arrested and never charged or your case was later dismissed or you were found not guilty, those records all exist until you actively seek to expunge them.

Can a class 3 felony be sealed in Illinois?

If you have been convicted of a Class 3 or Class 4 felony that was not listed above and was not a crime of violence, a sex offense, a domestic violence offense, a gun offense or a Driving Under the Influence of Alcohol offense, then you may be eligible for a Certificate of Sealing.

Does your criminal record clear after 7 years?

Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.

Can the government see expunged records?

Thus, private employers, friends, family members, etc., will no longer be able to see your expunged record. Government law enforcement agencies, on the other hand, will still have access to your criminal records even if they have been expunged.

What agencies can see expunged records?

Will a felony show up on a background check after 10 years?

Under Cal. Civ. Code 1786.18(a)(7), California mandates that a conviction can't be reported when it's older than seven years. Arrests that didn't lead to convictions can't be reported regardless of how much time has elapsed.

Can a 20 year old felony be expunged?

Felony convictions are not automatically expunged with the passage of time but require the filing and granting of an Expungement Petition by the Court. Many felony cases are "wobblers"; that is, they can be reduced to misdemeanors (even after many years) and then expunged in the same court proceeding.

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 an expungement be reversed?

Rest assured that the expunged crime will not be reversed, meaning it will still be invisible to employers and landlords during a background check. However, law enforcement and the criminal court can use your expunged crime against you after a new arrest.

What is not expungeable Illinois?

Arrest, charges or sentences that cannot be expunged (erased): 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.

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.

How do I check if my record is expunged?

The best way to find out if this has happened is to go to the Court where your case was at and ask to see the documents.