How Do I Get an Expungement for a Felony in Illinois

How Do I Get an Expungement for a Felony in Illinois

An expungement is a great solution as it can erase a conviction from your criminal record, making it easier to apply for jobs, housing, or anything else that may require a background check. Gone are the days when you thought that your criminal record has left a stain on your life. You should never lose hope as things may change today thanks to Misdemeanor Expungement Illinois. However, also note that unfortunately, getting a record expungement in Illinois isn’t an option for most people convicted of a felony.

Misdemeanor Record Sealing in Illinois

If you have been convicted of a crime in Illinois, you must seal your misdemeanor record. This will help you have your criminal record hidden from everybody like employers, landlords, and licensing agencies. If you got regular probation, conditional discharge, or time served, note that those sentences are considered convictions and they are not eligible for expungement. You don’t need to tell anybody about your sealed record including your employers. Today, Misdemeanor Record Sealing in Illinois brings a lot of and better chances that have never existed in the past. So if you deal with Legal Defenders, P.C., you will have a fresh start with the experts.

Which Illinois Misdemeanors Can I Seal

Note that almost all misdemeanor cases in Illinois can be sealed. You need to file a petition in the County where your case concluded. In many counties, the clerk of court will assign a court date. After the process of filing your case, you appear in Court where you should convince the judge that you deserve to have your record sealed. You need to provide full documentation as well which must include your resume, work history, school transcripts, letters of recommendation, awards, and other documents that show that you are a good person and you deserve to be sealed. Examples of cases you can seal are as follows:

  • Almost all misdemeanors
  • Retail Theft
  • Drug cases
  • Gun cases
  • Battery and Assault
  • Criminal Trespass
  • Theft

How Long Should You Wait?

The waiting period is almost three years after completing your sentence. If you received Conditional Discharge, Regular Probation, or Time served, you have to wait 3 years. However, it’s worth waiting because if you want to hide your record from the public, landlords, and almost all employers then you should never think twice and opt for this Misdemeanor Record Sealing in Illinois.

Misdemeanor Cases

Which Illinois Misdemeanor Cases Can Not Be Sealed?

In case your misdemeanor record is not eligible for sealing in Illinois, feel free to file a Clemency Petition with the Illinois Prisoner Review Board and request a pardon from the Governor. Below you can find the cases that do not qualify for sealing:

  • DUI & Reckless Driving if you were over 25
  • Domestic Battery
  • Most sexual cases
  • Animal Cruelty cases
  • Battery to an unborn child
  • Violation of Order of Protection
  • Violation of no Staking Contact Order

However, you should never be discouraged and lose your hope if you do not qualify for expungement or sealing. We suggest you check very often as the law on misdemeanor record sealing in Illinois continues developing. So this means that people will get more opportunities to seal their Illinois misdemeanor records in the near future.

Misdemeanor Expungement

If your arrest record is expunged then your entire criminal file gets destroyed. Once the Court enters an order expunging your arrest record, all your documents and computer data related to your case will be destroyed by the Clerk of Court, the arresting police agency, and the State Police. Moreover, the FBI will also destroy the record after receiving notice from the Illinois State Police. So you will feel as if your case has never even existed. Just note that whether or not you won or lost your case, your arrest record is still visible to the public, landlords, licensing agencies, employers, and law enforcement. In fact, the arrest record does not automatically disappear.

You need to file a Petition to Expunge with the Circuit Court where your case concluded if you want to expunge your record. There are also cases when you need to appear in court and prove that you have changed and you are a good person everybody can rely on. You should prove that the public has no need to keep your arrest record public. You can testify, have witnesses attest to your good character, and submit documents to the Court that show that you have transformed your life. Documents that should be provided for Misdemeanor Expungement Illinois include your resume, education history, employment history, letter of recommendation, certificates, and awards.

Which Illinois Misdemeanors Can Be Expunged?

It’s worth mentioning that all misdemeanor cases can be expunged in Illinois. The courts understand how difficult and stressful it is to have a criminal record. The impact of this burden can be on a person and his family, so that is why they aim to help people as much as possible. If you have not been convicted and a specific waiting period has gone by, you can file for Misdemeanor Expungement Illinois. With a court order expunging your record, you will finally be able to have your arrest record deleted forever.

How Long Should You Wait?

In general, the waiting time is two years after you complete your sentence. However, in most cases, the waiting period depends on the crime.

If you had been convicted, you can nevertheless be eligible to seal your record. Note that almost all misdemeanors are eligible for sealing if they cannot get Misdemeanor Expungement Illinois. You can contact Legal Defenders, P.C., and be sure you are dealing with a professional team. This law firm is proud of delivering the lasting results you deserve. Being in the justice system since 2004, these experts have already represented thousands of clients and have been successful in expunging and sealing felonies and misdemeanors in Illinois.  For more details, just contact Legal Defenders, P.C.