what felonies can be expunged in illinois

What Felonies Can Be Expunged 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.

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 you Expunge a Class 4 felony in Illinois? Usually, expungement is only offered to certain types of offenses and situations. For example, you may have been convicted of a Class 4 felony. You may have a chance to seal your records, but only after a three-year waiting period has passed following your sentence.

How long does a felony stay on your record in Illinois?

In Illinois, criminal convictions will stay on your record forever. Some convictions and arrests that did not lead to conviction are eligible to be sealed or expunged, which will remove the conviction from a person’s public criminal history.

Can a Class 1 felony be expunged in Illinois?

Just because your criminal record is eligible for expungement does not mean that you will automatically be granted a clean slate. 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.

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.

What is a Class 3 felony in Illinois?

Class 3 felonies generally carry a potential prison sentence of between two and five years (or an extended term between five and ten years), plus one year of mandatory supervised release.

Can you get a felony sealed in Illinois?

Most misdemeanor and felony convictions qualify for sealing in Illinois, but some—including driving under the influence, domestic battery, animal care crimes, and most sex offenses—do not.

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

You may call toll-free (866) 787-1776 in Chicago or (866) 431-4907 Statewide, or e-mail expungement@osad.state.il.us.

What’s a Class 4 felony in 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 long does it take to Expunge a record in Illinois?

After the petition is filed, the state’s attorney, the state police, and all other notified parties have 60 days to object. If the judge grants the petition, an order is entered, and all state agencies are given 60 days to expunge or seal the record. The total process typically takes about six months.

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

Yes, in addition to the state laws regarding firearm possession, there is also a lifetime ban (under the Lautenberg Amendment) from the federal government. The Lautenberg Amendment prohibits firearm ownership for individuals who have been convicted of a misdemeanor crime of domestic violence as defined by federal law.

How much does it cost to get a felony expunged 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.

Do felonies go away?

Does a Felony Ever Go Away? A felony charge will stay on your record for life. The only way to remove a felony from your record is through a strict process called expungement (more on expungement below).

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.

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

The Fair Credit Reporting Act (FCRA) allows felony arrests to be reported on background checks for seven years after release from prison. Felony convictions can be reported as far back as the employer chooses to go. Many employers check a period of five to ten years of history when hiring applicants.

How far back do background checks 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 2 felony Illinois?

In Illinois, aggravated criminal sexual abuse is charged as a Class 2 Felony. In addition to the sentence of 3-7 years in prison, an aggravated criminal sexual abuse conviction may only include the possibility of parole depending on the circumstances of the case.

How serious is a Class 2 felony in Illinois?

Class 2 felony: Sentencing range of 3-7 years in prison, with probation possible on almost all offenses. Very few Class 2 felonies are non-probationable. Aggravated driving under the influence resulting in death is a Class 2 felony with a sentencing range of 3-14 years.

How do you get felonies expunged?

How to Request a Felony Expungement. The process for expunging a felony charge and/or conviction also varies state to state but will typically require filing a petition with the court that originally heard your case. The district attorney or prosecutor’s office must also be notified of your request.

How can a felon get gun rights back in Illinois?

The Illinois Supreme Court ruled that if a convicted felon can establish the requirements of Section 10(c)(1)-(3), they have their civil rights restored and may be granted a FOID.

What state can a felon own a gun?

Today, in at least 11 states, including Kansas, Ohio, Minnesota and Rhode Island, restoration of firearms rights is automatic, without any review at all, for many nonviolent felons, usually once they finish their sentences, or after a certain amount of time crime-free.

What states automatically restore gun rights?

– 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.

Is a Class 4 felony Probationable in Illinois?

A Class 4 Felony is punishable with a minimum term of imprisonment of 1 year up to a maximum of 3 years. See 730 ILCS 5/5-4.5-45. These offenses are generally probationable.

Shopping Cart
Scroll to Top