How to Get a Felony Expunged in Illinois

In the State of Illinois, similar to in other states, expungement is the legal process of removing or destroying an individual’s criminal record. When someone has a criminal conviction on their record, they may have problems getting a professional license, getting a job, and with their right to vote.

Even if an individual’s criminal case did not end with a formal conviction, having a record of arrest or criminal prosecution may remain, which can cause similar issues. When expungement is used, it means that the criminal record cannot be accessed by the general public, potential employers, landlords, or parties conducting background checks.

It is important to be aware that expungement and record sealing are two different legal processes. Although both processes, in the end, result in the general public not having access to seeing an individual’s criminal record, there are differences in what other parties may access it.

For example, criminal justice agencies or certain employment and licensing entities may have access to sealed records. In contrast, with an expungement, an individual’s criminal record cannot be given to the public or law enforcement for any reason.

After an expungement, the individual will be able to state that they had never been arrested or had a record expunged, with a few exceptions, such as when an individual is:

• Asked about their expunged record under oath during a criminal trial
• Applying for immigration and naturalization procedures
• Applying for a state license that requires them to swear under penalty of perjury regarding their criminal record
• Applying for employment with the military or federal government that requires a background check or security clearance

To get more information on expunging a conviction in Illinois, an individual can consult with a local Illinois lawyer.

Factors Influencing Felony Expungement

There are numerous factors that may influence whether or not a court grants a request for felony expungement, such as:

• How old the defendant was when they committed the crime
• The nature of the crime
• How much time has passed since the defendant was arrested or convicted
• Whether the defendant has completed all of the court-order requirements for their sentence

Which Felonies Can Be Expunged?

Felonies in Illinois can be expunged in the State of Illinois if an individual meets certain eligibility requirements, including when an individual:

• Was arrested for a felony but was not convicted
• Was convicted of a felony, but the conviction was vacated, reversed, or pardoned
• Completed a sentence of supervision
• Completed a sentence of qualified probation, and five years has passed
• Convicted of a prior Class 4 felony for prostitution
• Is an honorably discharged veteran who was convicted of specific Class 3 or Class 4 felonies

For expungement purposes, a conviction is defined as a finding of guilt that results in a sentence which may include:

• Jail or prison time
• Criminal fines
• Probation
• Time served
• Conditional discharge
• Supervised or qualified probation that is not successfully completed

In order to expunge or seal an individual’s record, they have to meet the eligibility requirements for the State of Illinois and pay any required fees. There may be situations in which an individual is indigent, or cannot afford the fee, and can petition the court for a waiver. An attorney can help an individual through the process as well as applying for a waiver.

The Process of Expunging a Felony

In order to determine what offenses can be expunged from an individual’s record or sealed, they can begin by gathering certain information about each incident, including the:

• Date of arrest
• Police department that conducted the arrest
• The type of offense the individual was arrested for
• The outcome of the case
• The sentence received
• The date the sentence was completed

Having all of this information can be very helpful. If an individual hires a lawyer, their lawyer can also help them find out all of this information.

Filing fees may apply for expungement or sealing petitions. An individual can find out how much the fee is in their area by asking the clerk of the county where they will be seeking expungement.

The procedures for obtaining an expungement of a felony will vary depending on the location and the facts of the individual’s situation. For example, individuals may be able to expunge items from their criminal records if:

• They were acquitted after their trial
• The court issued an order of actual innocence
• A trial has not been held, but the prosecution recommends expungement
• There was an error because an arrested individual used the defendant’s name at the time of their arrest
• Typically, it can take up to six months to complete an expungement process. Additionally, when a court grants expungement, it may take law enforcement agencies up to six months to destroy the expunged record.

If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?

Once a felony is expunged, it is typically not a matter of public record anymore. After an expungement, an individual will not have to report the charge or conviction on applications for employment, housing, education, or public benefits.

When a background check is performed, an individual’s expunged felony should not appear. However, there are limitations to this, as some records may be provided between law enforcement and when applying for certain types of jobs, such as:

• Healthcare positions
• Legal professions
• Government positions
• Education positions
• Law enforcement positions
• Financial services positions
• Positions working with children

To find out more information on when an individual may have to disclose their expunged felony, it is important to consult with an attorney.

Which Felonies Are Not Eligible for Expungement?

There are certain criminal offenses and felonies that cannot be expunged in Illinois, including:

• DUI convictions that resulted in supervision
• Sexual offenses committed against a child under 18 years of age
• Probation that does not fall under the Controlled Substances Act, Alcohol and Drug Dependency Act, Steroid
• Control Act, or Cannabis Act
• Convictions that resulted in sentences other than probation, such as a:
  • Guilty plea
  • Finding of guilty
  • Guilty verdict
• Violating an order of protection or civil no-contact order
• Domestic battery convictions
• Reckless driving offenses when the offender was over 25 years old and has other DUI or reckless driving convictions
• Arrests, charges, or sentences that occurred outside the State of Illinois
• Federal criminal cases
• Sentences that have not yet been completed, such as court supervision, probation, or parole
• Minor traffic offenses
• Class C or lower misdemeanors unless the individual was released without being charged

There may be other offenses that are not eligible for expungement, so it is important to consult with an Illinois attorney.

Do I Need an Attorney for Help With Felony Expungement?

When you have a criminal record, you may have a hard time finding a new job, applying for housing, or getting a professional license. To determine if you have a felony that is eligible for expungement, you should consult with an Illinois expungement lawyer.

Getting a felony expunged can provide you with a fresh start, as you may be able to find better employment and housing opportunities. LegalMatch can help you find an expungement lawyer near you in Illinois who can determine if you have felonies that are eligible for expungement.

Simply submit your question on the LegalMatch website at no charge in as little as 15 minutes. In about 24 hours, you will then get responses from licensed attorneys who can help you with expungement advice and through the expungement process.