What felonies can be expunged 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.
• Drunk driving crimes.

• 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.

Can you expunge a Class 4 felony in Illinois?

For the most part, you can't expunge a felony in Illinois. There are some exceptions – such as honorably discharged veterans of the U.S. Armed Forces, who are eligible to expunge certain Class 3 and Class 4 felonies – but for most people with felonies, expungement isn't even an option.

How do I get a felony off 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.

Can you seal a Class 1 felony in Illinois?

Illinois Expands List of Sealable Felony and Misdemeanor Convictions. On August 24, 2017, Governor Rauner signed House Bill 2373 into law -- effective immediately -- the largest expansion of sealable convictions. ... Now, drug offenses, regardless of the felony class (X, 1, 2, 3, 4) are eligible for sealing.

How can I get my record expunged in Illinois for free?

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.

Can a non violent felon own a gun in Illinois?

Can a Felon Own a Gun in Illinois? Anyone who wants to possess and carry a firearm of any sort in Illinois must first obtain a Firearm Owners Identification (FOID). A person convicted of a felony crime is not able to obtain a FOID and cannot buy or own a gun.

Can a convicted felon own a gun after 10 years in Illinois?

The Illinois State Police's (ISP) justification was based on federal law. ISP argued that Section 922(g)(1) of the Federal Gun Control Act of 1968 prohibits an individual from possessing a firearm when that person “has been convicted in any court of a crime punishable by imprisonment for a term exceeding one year.”

How far back can 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 is class 4 felony Illinois?

Some common Class 4 felonies include aggravated assault, stalking, drug possession of a controlled substance, aggravated DUI, driving on a revoked driver's license, and theft, depending on the amount that was stolen and the circumstances involved.

How much does it cost to Expunge a felony in Illinois?

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.

How do I get a criminal record off my background check?

Can criminal records be cleared? In the United States, certain types of criminal records can be expunged or sealed by a judge or court. An expungement removes arrests and/or convictions from a person's criminal record entirely as if they never happened. Even a court or prosecutor cannot view a person's expunged record.

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.

How do you get a pardon from the governor 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.

Is criminal record cleared?

As mentioned earlier, not all convictions are cleared from an individual's record and some remain forever. ... The types of crimes committed abroad that will always remain on a criminal record include terror offences, murder, sexual offences, and child abduction.

How long does your criminal record last?

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.

What is a Class 3 felony in Illinois?

CLASS 3 FELONY (EXAMPLE: THEFT OVER $500):

Between 2-5 years in the Illinois Department of Corrections. Between 5-10 years in the Illinois Department of Corrections if you are extended term eligible (previous Class 3 or greater within past 10 years) Probation or conditional discharge up to 48 months. Fines up to ...

How serious is a Class 2 felony in Illinois?

A Class 2 Felony in Illinois is considered a “mid level” felony. There are more serious charges, and also some less serious classifications. A person could find themselves vulnerable to a lot of years or it could be treated like a lower class crime.

Can the spouse of a felon own a gun in Illinois?

You are permitted to own a firearm, as long as you have a valid FOID card. If he is still on probation, your husband must comply with all terms of his probation and even if he is no longer on probation, he is not permitted to own or possess a firearm...

How long does it take to expunge a felony?

Since the timing of the process varies from state to state and by case, a general estimate of the time it takes to have a criminal record expunged can be anywhere from 2-6 months.

Can an order of protection be expunged in Illinois?

You can't expunge an order of protection in Illinois because it's part of a civil case. That means it doesn't appear on your criminal record. Because it's not on your criminal record, you can't expunge it or seal it – those two actions only apply to criminal records.

How much jail time is a Class 4 felony in Illinois?

Under Illinois law, a prison sentence for a Class 4 felony conviction must fall within 1 to 3 years. Class 4 felony convictions can also include fines of up to $25,000. All convictions in Illinois, whether felony or misdemeanor, will remain on your criminal record unless you are pardoned or get the charge expunged.