Can a Class X Felony be Expunged in Illinois?
In Illinois, the expungement of criminal records is a legal process that allows individuals to have their criminal records sealed or destroyed, depending on the circumstances. However, not all criminal records can be expunged, and the process can be complex and time-consuming.
Direct Answer: No, a Class X Felony cannot be Expunged in Illinois
In Illinois, Class X felonies are considered the most serious type of felony, carrying a minimum sentence of 15 years in prison and a maximum sentence of up to 30 years or life imprisonment. According to Illinois law, Class X felonies are automatically ineligible for expungement.
Exceptions to the Rule
There are some exceptions to the rule that a Class X felony cannot be expunged. If an individual is convicted of a Class X felony and subsequently wins an appeal and has their conviction overturned, they may be eligible for expungement. Additionally, if an individual is convicted of a Class X felony but receives a probated sentence, they may be eligible for expungement after completing their sentence and meeting certain other eligibility requirements.
Eligibility Requirements for Expungement
To be eligible for expungement in Illinois, an individual must meet certain requirements, which include:
- A minimum of 10 years must have passed since the completion of their sentence
- They must have completed their sentence and complied with all terms of their probation or parole
- They must not have been convicted of any additional crimes during the 10-year period
- They must not have had their expungement request denied in the past
- They must pay a filing fee and file a petition with the circuit court
Types of Expungement
In Illinois, there are two types of expungement: expungement and sealing.
- Expungement: This involves the destruction of all physical and electronic records related to the individual’s criminal charge or conviction.
- Sealing: This involves the sealing of records related to the individual’s criminal charge or conviction, rather than their destruction. Sealed records are not made available to the public and are only accessible to authorized law enforcement agencies and individuals with a legitimate need for the information.
What Happens After Expungement
After an expungement or sealing is granted, the individual’s criminal record is no longer available to the public. This means that:
- Employers cannot obtain a copy of their criminal record
- Lenders cannot obtain a copy of their criminal record
- Landlords cannot obtain a copy of their criminal record
- The individual’s criminal record is no longer considered public information
Conclusion
In conclusion, while Class X felonies are automatically ineligible for expungement in Illinois, there are some exceptions to the rule. Eligibility requirements for expungement include a minimum of 10 years since the completion of sentence, no additional convictions during that period, and compliance with terms of probation or parole. There are two types of expungement: expungement and sealing. After an expungement or sealing is granted, the individual’s criminal record is no longer available to the public.
Table: Eligibility Requirements for Expungement
| Eligibility Requirement | Description |
|---|---|
| Minimum of 10 years since completion of sentence | The individual must have completed their sentence and had a minimum of 10 years pass since the completion of their sentence. |
| Completion of sentence and compliance with terms of probation or parole | The individual must have completed their sentence and complied with all terms of their probation or parole. |
| No additional convictions during the 10-year period | The individual must not have been convicted of any additional crimes during the 10-year period since the completion of their sentence. |
| No previous expungement request denial | The individual must not have had their expungement request denied in the past. |
| Payment of filing fee | The individual must pay a filing fee to file a petition with the circuit court. |
Bullets List: Benefits of Expungement
• Employers cannot obtain a copy of their criminal record
• Lenders cannot obtain a copy of their criminal record
• Landlords cannot obtain a copy of their criminal record
• Their criminal record is no longer considered public information
• They may be eligible for certain jobs or licenses that were previously unavailable to them
• They may experience reduced stigma and discrimination
Note: The information provided in this article is intended to be general information only and should not be relied upon as legal advice. If you are considering seeking expungement in Illinois, it is recommended that you consult with an experienced attorney who can provide personalized guidance and representation.
