FAQ: How To Get A Felony Expunged In Illinois?

How much does it cost to get a felony expunged in Illinois?

An expungement application costs at least $120 just for the paperwork to be submitted in the simplest cases. Lawyer counseling fees to help you get the paperwork done properly vary depending on the complexity of your case, but expect us to charge you $500 minimum just to get into the case, and more if it is complex.

Do I qualify 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.

How long do you have to wait to expunge a felony in Illinois?

Wait 5 years from the end of your last sentence to file a petition to expunge. This is from the end of your last sentence to file a petition to expunge. Plus, you must also attach the results of a clean drug test to your petition.

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

You may call toll-free (866) 787-1776 in Chicago or (866) 431-4907 Statewide, or e-mail [email protected]

Can a 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.

Can a Class 2 felony be sealed 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.

What felonies Cannot be expunged in Illinois?

It doesn’t matter who you are or whether your crime was a misdemeanor or felony, but you can never seal:

  • 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.

What is the difference between sealing and expunging a criminal record?

The key difference between expunging a person’s criminal record and sealing it is that a sealed record still “exists” in both a legal and physical sense, while expungement results in the deletion of any record that an arrest or criminal charge ever occurred.

Can a 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.

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Can a Class 3 felony be expunged in Illinois?

Most felony convictions cannot be sealed, but some Class 4 and Class 3 felonies can be sealed. Class 4 felonies that can be sealed include: Prostitution (720 ILCS 5/11-14) Possession of cannabis (720 ILCS 550/4)

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 expunge a domestic violence charge 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.

Can you expunge a DUI in Illinois?

Illinois law does not allow you to expunge or seal a DUI from your criminal record. The only way to get DUI-related incidents removed from your record is if: You were arrested but never actually charged with a crime. You were found not guilty of DUI.

Are criminal records public in Illinois?

The act specifies that all records, documents, and information produced by a government or law enforcement agency is presumed public and available to all U.S. citizens. Illinois State backgrounds includes information on criminal records, court records, vital records, and over 110 million additional public records.

How long does it take to seal a record in Illinois?

The state of Illinois has up to 60 days to object to your Petition to Expunge or Petition to Seal. The speed of processing within your jurisdiction can also be a factor. Provided there are no objections and the petition is processed within a reasonable amount of time, three to four months is a solid estimate.

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