Quick Answer: Do I Qualify For Expungement In Illinois?

Why would an expungement be denied?

An expungement can be denied for statutory reasons, such as not meeting the required timeframe for a class B misdemeanor DUI, which is 10 years, or for a class B misdemeanor theft offense, which would be three years.

Another reason to be denied an expungement would be the judge, who may not want to grant the petition..

Can a felon get gun rights back in Illinois?

In Illinois, one of the rights a person stands to lose upon conviction of felony charges is the right to firearms ownership . While the loss of this right is not technically permanent, the law makes it difficult for a convicted felon to regain the ability to legally own a firearm.

Do they drug test for expungement?

They are not going to drug test you. An expunction is a totally different situation than what you were in while your POM was pending.

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

You can’t legally possess a firearm or ammunition in Illinois without one. A conviction within the last five years for battery or assault with a firearm. Guns themselves are not registered under the system. … The act bans the sale of firearms and ammunition to felons and certain other prohibited Individuals.

How does a convicted felon restore their gun rights?

There are two basic ways to have gun rights restored after an eligible conviction: by having a “wobbler” felony reduced to a misdemeanor, or. by receiving a pardon from the California governor.

How long does DUI stay on your record in Illinois?

Illinois takes DUIs very seriously and has a zero tolerance policy for DUI convictions. This means that if you are convicted of driving under the influence, that conviction will remain on your record forever.

How much does it cost to get your 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.

What crimes can be expunged 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.

Can a DUI be expunged in IL?

Sadly, your defense may not have succeeded in court, and you’ve finished your sentence for a DUI charge. Now, expungement is no longer an option. DUIs are taken seriously in Illinois, and most misdemeanor and felony convictions can’t be expunged.

Can law enforcement see expunged records?

Once expunged, such records cannot be accessed for general law enforcement or civil use. However, under certain exceptional situations, the expunged records can be searched, retrieved, and used, but this occurs only in exceptional circumstances which normally require a court order or statutory authorization.

Can a felon run for office in Illinois?

Article XIII, section 1, of the Illinois Constitution states: “A person convicted of a felony, bribery, perjury or other infamous crime shall be ineligible to hold an office created by this Constitution. … position as an employee of the State of Illinois, or a unit of local government or school district.” Id.

How do I get my criminal record sealed in Illinois?

To have your record erased or hidden you must file a Request to Expunge and/or Seal Criminal Records with the court and have a judge approve your Request.

How long does a DUI case take in Illinois?

A first time DUI case, is going to last somewhere between three to six months, depending on how much litigation is involved and depending on what county the DUI is in.

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

Take action. The Office of the State Appellate Defender can answer questions about sealing and expunging records. They cannot represent you in court. You may call toll-free (866) 787-1776 in Chicago or (866) 431-4907 Statewide, or e-mail expungement@osad.state.il.us.

Can you get a Class 2 felony expunged in Illinois?

Right now, in illinois, Class 2 felonies cannot be expunged.

Can you expunge a domestic violence charge in Illinois?

If the state of Illinois dismissed the charges against you, you can petition the court for an expungement. Finally, you can expunge charges that resulted in a finding of not guilty, so if you were charged with domestic violence but the judge found you not guilty, you can ask the courts to expunge that, as well.

How long do you have to wait to get your record expunged in Illinois?

The time frame you must wait to file for expungement is contingent on the type of criminal record in question. A person must wait anywhere between two and five years before filing to expunge an offense. There is no waiting period for arrests that did not end with a guilty verdict.

Where do I go to expunge my record?

A person seeking to have an arrest or criminal conviction expunged from their record must usually fill out an application or petition, and submit the paperwork to the proper criminal court for a judge’s review and decision. In most jurisdictions, a fee must be paid in conjunction with the filing of the application.

Which is better a pardon or expungement?

A very real distinction exists between an expungement and a pardon. When an expungement is granted, the person whose record is expunged may, for most purposes, treat the event as if it never occurred. A pardon (also called “executive clemency”) does not “erase” the event; rather, it constitutes forgiveness.

Can I get a government job with an expunged record?

Pretty much any government job will conduct an official DOJ background check before extending employment, including such professions as: fire fighter, police officer, public school teacher, etc. However, an expunged conviction will not prevent you from getting hired in most government positions.

Will a 20 year old felony show up on a background check?

Yes, all felonies will show up on a BCI unless they are expunged or sealed.

Does your criminal record clear after 7 years?

Not only is seven years the baseline lookback period for what is generally available at the courts, but this is also the industry standard for lookback periods. In addition, some states limit the reporting of criminal record information to seven years. States that have a seven-year scope limitation include: California.

How much does a DUI cost in Illinois?

The cost of a DUI in Illinois can start at a minimum range of $250 just for simply entering a guilty plea, and depending on the seriousness of the DUI – the cost is typically starting at an average of $1,300 up to $25,000 when fighting the DUI charge in court with an attorney.

What makes you eligible for expungement?

Expungement eligibility usually depends on a number of factors, including: The amount of time that has passed since the arrest or conviction; … Events in the applicant’s criminal record (including arrests or convictions in all jurisdictions, not just the offender’s state/county); or.