What felonies are expungeable in Illinois?
Asked by: Constance O'Conner MD | Last update: April 12, 2026Score: 4.4/5 (74 votes)
In Illinois, you generally cannot expunge felony convictions, but you can expunge felony arrests that didn't lead to conviction (e.g., dismissed, acquitted) and certain specific felony convictions, most notably Class 4 Drug Possession, after a waiting period and if you meet strict criteria like no other offenses. Other felony cases, especially violent or serious sex offenses, are usually ineligible for expungement but might be eligible for sealing, which restricts public access but doesn't erase the record.
What felonies cannot be expunged in Illinois?
Ineligible Cases:
- Domestic battery.
- Violations of orders of protection.
- Stalking no contact orders.
- DUI.
- Reckless driving (unless under 25 years of age when sentenced)
- Sex crimes (aside from prostitution and misdemeanor public indecency)
- Crimes against animals under the Humane Care for Animals Act.
What felonies are not eligible for expungement?
Generally, serious felonies like murder, violent crimes (e.g., aggravated assault, kidnapping, robbery), sex offenses (especially against minors), and domestic violence convictions are often ineligible for expungement across most states, with specific exclusions varying by jurisdiction, while federal felonies are typically not expungeable at all, but state laws have exceptions for certain offenses like some DUIs or lower-level drug crimes.
How long until you can expunge a felony in Illinois?
Cases that result in qualified probations require 5 years from the successful completion of the sentence before the records can be expunged. Cases that result in convictions require 3 years from completion of most recent sentence of all your conviction cases before the records can be sealed.
What is the new expungement law in Illinois?
Democrats have spent years working on the Clean Slate Act with grassroots advocates and law enforcement. This law will allow felony convictions currently eligible for expungement to be automatically sealed by a circuit court judge or the Illinois State Police in 2029.
Illinois Expungement FAQs
How much does it cost to get a felony expunged in Illinois?
The filing fee for expungement/sealing is $215.00, which covers the cost of filing the petition, copy fees, mailing and postage fees for required notices, and fees to the Illinois State Police.
Is it better to seal or expunge?
It's generally better to get a record expunged if you qualify, as it erases the record, making it as if it never happened and completely removing it from most background checks. Sealing a record hides it from public view, but law enforcement and some government agencies can still access it with a court order, making expungement the superior, though often harder to get, option for a truly clean slate.
Do felonies stay on your record for life?
In California, a felony conviction typically stays on your record indefinitely unless you take action to have it removed. This means that without intervention, your felony conviction could potentially impact your life for years to come.
How far back can a criminal background check go in Illinois?
Under Illinois law, there is no time restriction on how far back a background check may go in terms of identifying any criminal convictions.
Is expunging your record worth it?
Yes, for most eligible individuals, expungement is generally considered worth the effort as it removes barriers to employment, housing, education, and financial stability, offering a fresh start and reduced stigma, though it has limitations and eligibility depends on state laws and crime type. The benefits of greater opportunity and peace of mind often outweigh the costs and time involved in the process, but it doesn't erase records from all government databases or guarantee clearance for certain high-level professions.
Who can see an expunged felony?
Key Takeaways: An expunged record is cleared from public background checks. Law enforcement agencies can still see an expunged criminal conviction for future criminal sentencing. The federal government still has access to criminal records even if they are sealed under state law.
What happens if expungement is denied?
A denied expungement petition can feel like a major setback, but it is not necessarily the end of the road. A Santa Rosa criminal defense lawyer can review the court's decision, identify any errors in the original petition filing or legal arguments, and explain your next legal steps.
What jobs can you not do as a convicted felon?
While there's no universal "forbidden" list, felons often face significant barriers in jobs requiring licenses (teaching, law, healthcare), government roles (police, security clearance), finance (banking, trading), transportation (pilots, conductors), and any position involving vulnerable populations (children, elderly), with restrictions varying by state and the nature of the conviction, especially for crimes related to honesty, violence, or substance abuse.
What can felons not do in Illinois?
What Rights Do Convicted Felons Lose in Illinois?
- Right to Vote. One of the most fundamental rights you lose when convicted of a felony in Illinois is the right to vote. ...
- Right to Bear Arms (Second Amendment Rights) ...
- Right to Serve on a Jury. ...
- Firearm Rights Restoration. ...
- Expungement and Sealing of Criminal Records.
What won't pass a background check?
You fail a background check due to red flags like criminal history, lying on your application (education, job history), a failed drug test, a poor driving record, or issues like bad credit for finance roles, all of which signal a potential mismatch with the job's requirements or company standards. Other common reasons include unverifiable credentials, negative references, or even inconsistent personal identification details.
What would cause a red flag on a background check?
Red flags on a background check are discrepancies or concerning findings like criminal records (especially violent, financial, or drug-related), significant inconsistencies in employment/education history, poor credit history (for finance roles), negative references, failed drug tests, or unprofessional social media activity, all raising concerns about a candidate's integrity, judgment, or suitability for a role.
Can you travel with a felony record?
As long as you have finished serving your sentence and no court has barred you from traveling internationally. Some countries do not convicted felons in. Make sure the country where you're planning to travel to will let you in their country.
Is a convicted felon always a felon?
People may be able to erase felony or misdemeanor convictions in California if they meet one of the following criteria: The defendant completed the term of probation for their crime. The defendant did not serve jail time in state prison for the conviction OR served time in state prison.
Is your life over with a felony?
While the consequences of a felony conviction in California can be severe and long-lasting, there are some options available for individuals to potentially restore their lost rights and regain their footing in society. One potential avenue is the process of dismissal, also known as expungement.
What's better, a pardon or expungement?
Neither a pardon nor an expungement is inherently "better"; they serve different goals: an expungement seals or erases a record, making it seem like the crime never happened (ideal for hiding history), while a pardon is forgiveness for a crime, restoring rights (like voting or firearms) but leaving the conviction on your record (good for post-conviction rights). Your choice depends on your main goal—erasure versus rights restoration—and eligibility, as pardons are rarer and expungements often restricted to certain offenses or timeframes.
Will a sealed record show up on a FBI background check?
➢ Sealed cases are currently reported on FBI records. ➢ Most employers are not allowed to get your FBI record. ➢ You will know if you are getting an FBI check because you will have to provide fingerprints.
What employers can see a sealed record?
While most jobs cannot ask about or consider sealed or expunged records, there are a few exceptions—especially when federal or licensing rules apply. You may still need to disclose past records for the following types of jobs: Law enforcement or corrections. Positions requiring federal security clearance.
What records cannot be expunged in Illinois?
In Illinois, you generally cannot expunge or seal convictions for DUI, reckless driving (unless under 25), domestic battery, sex offenses (except prostitution/misdemeanor public indecency), violent crimes, and animal cruelty offenses, or any offense requiring sex offender registration, plus most minor traffic tickets, and federal/out-of-state crimes, though some can be sealed after waiting periods. The rules focus on serious public safety offenses, but sealing options exist for some Class 3/4 felonies after specific conditions are met, says the Prisoner Review Board.
What crimes are not eligible for expungement?
Crimes that generally cannot be expunged include serious violent offenses (murder, rape, assault), sex offenses (especially against minors, requiring registration), human trafficking, terrorism, DUI/DWI, domestic violence, and certain federal crimes, though specific exclusions vary significantly by state and often involve felonies or crimes involving serious bodily harm or vulnerable victims.
How to get a felony off your record in Illinois?
You will have to: o Get your criminal records from each county; o Review your criminal records from each county to find out if you qualify to expunge or seal each criminal record; Page 3 State of Illinois Instruction Booklet for Expunging and Sealing Court Forms Find Illinois Supreme Court approved forms at: http://www ...