Often asked: How Long Does A Felony Stay On Your Record In Illinois?

Does a felony show up on a background check after 7 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. These records would not appear on a background check after seven years.

How long does it take to get a felony expunged in Illinois?

From start to finish, the expungement process takes at least a few months. 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.

Can felonies be sealed 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.

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What convictions can be expunged in Illinois?

Class 4 felonies that can be sealed include:

  • Prostitution (720 ILCS 5/11-14)
  • Possession of cannabis (720 ILCS 550/4)
  • Possession of a controlled substance (720 ILCS 570/402)
  • Theft (720 ILCS 5/16-1)
  • Retail theft (720 ILCS 5/16-25(a) or 720 ILCS 5/16A-3)
  • Deceptive practices (720 ILCS 5/17-1)
  • Forgery (720 ILCS 5/17-3)

What states go back 10 years on background checks?

However, some states allow a background check companies to share information that’s up to 10 years old. That includes a conviction, felony, or misdemeanor. These states include:

  • Alaska.
  • California.
  • Indiana.
  • Massachusetts.
  • Michigan.
  • New York.

What causes a red flag on a background check?

Common background report red flags include application discrepancies, derogatory marks and criminal records.

How does a felon get gun rights back in Illinois?

What if I no longer live in Illinois, but I have a conviction there? Unfortunately, you cannot currently restore your firearm rights in Illinois. In order to petition to restore your rights, you must first be denied an Illinois Firearm Owner Identification Card (FOID Card).

How much does it cost to get record 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.

Can a convicted felon get a FOID card in Illinois?

You can’t get a FOID card if you have on your record: Any kind of forcible felony conviction within 20 years of the FOID card application, A juvenile offense that’s a forcible felony equivalent, or. Any misdemeanor (if you’re under 21).

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What crimes Cannot be sealed in Illinois?

The following offenses do not qualify for a Certificate of Sealing:

  • 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.

How do I get a felony off my record in Illinois?

For misdemeanor or felony convictions that do not qualify for sealing, the only way to clear your record is to receive a pardon from the governor. The pardon must specifically authorize the expungement of your record. You can learn more about pardons by visiting the State of Illinois Prisoner Review Board website.

What crimes are felonies in Illinois?

Examples of Class X felonies in Illinois include:

  • Murder.
  • Armed robbery.
  • Drug manufacturing.
  • High quantities of drug trafficking.
  • Aggravated arson.
  • Aggravated kidnapping.

Can you get a Class 2 felony expunged in Illinois?

Illinois Expands List of Sealable Felony and Misdemeanor Convictions. Now, drug offenses, regardless of the felony class (X, 1, 2, 3, 4) are eligible for sealing.

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.

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]

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