What cases can be expunged in Illinois?Asked by: Mr. Ola Ankunding | Last update: November 19, 2022
Score: 4.7/5 (4 votes)
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.
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.
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.
Can convictions be expunged in Illinois?
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 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.
Record Expungement & Sealing In Illinois
How much does expungement cost in Illinois?
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. Filing fees vary from county to county and may be obtained from the appropriate Circuit Clerk.
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.
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 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.
Can a domestic violence charge be expunged in Illinois?
You cannot expunge a domestic battery conviction in the state of Illinois. That means if you were charged with domestic violence and the court found you guilty, it will stay on your criminal record.
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.
Can drug cases be expunged in Illinois?
You must wait five years from completing your sentence to file for expungement. On the other hand, if you were convicted of a drug-related crime, you can seal, but not expunge, your record after three years of completing your sentence.
Can a felony DUI be expunged in Illinois?
DUIs are taken seriously in Illinois, and most misdemeanor and felony convictions can't be expunged. Now, your best option is to seek a pardon from the governor. The governor has the power to grant a pardon, but you'll need to seek out the opportunity.
How do you get a misdemeanor expunged?
To expunge a misdemeanor case, an application or petition for expungement is filed to the court that initially handled the criminal case. The district attorney or prosecutor's office must also be served with notification of your request.
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.
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.
Can I clear my criminal record after 5 years?
You may apply for expungement if: - The offence was committed when you were under 18 years of age. - Five years have lapsed after the date of conviction in the case of a Schedule 1 offence.
Does a criminal record stay with you for life?
Why is it still on my record? 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 many years does a 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).
Can a felon 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.
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.
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.
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.
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. ...
What shows up on a criminal background check?
Criminal background checks will reveal felony and misdemeanor criminal convictions, any pending criminal cases, and any history of incarceration as an adult. Arrests pending prosecution may also be reported.