How To Get A Felony Record Expunged in Illinois?

It’s a question I am often asked: Can I expunge my felony record? My response: “It depends on whether you were convicted of the crime.”

In Illinois, both misdemeanor and felony offenses are subject to the same expungement and sealing eligibility guidelines.

What Criminal Records are Expungeable

A criminal record can be expunged if you weren’t convicted of the crime you were charged with. For example, if a judge dismisses charges against you for misdemeanor retail theft or burglary, a felony, you can petition to expunge your record. We call the record you’re expunging a “record of an arrest.”

What Criminal Records are Sealable

A criminal record can only be sealed when you’ve been convicted of the crime you were charged with. In other words, if you are convicted of retail theft or burglary and sentenced to probation, after completing probation, you will only be able to seal your record.

Typically, there’s a three-year waiting period before you are eligible to petition a court to seal your criminal record. If, however, you get an educational (e.g., GED) or vocational training certificate (e.g., certified nursing assistant, food sanitation) while serving your sentence, a judge may waive the three-year waiting period. The waiver allows you to seal your conviction record after your sentence ends.         

Most Felony Offenses are Eligible to Seal

Following the expansion of the sealing law in 2017, most felony offense in Illinois are sealable. Those felony offenses not eligible to seal: sex crimes, cruelty to animals, domestic violation-related crimes, DUI, and reckless driving.

To briefly recap: you expunge arrest (non-conviction) records and you seal all eligible felony and misdemeanor conviction records.

Call us now to know how to get a felony record expunged in Illinois.