Can a Felony be Expunged in Illinois?
In the state of Illinois, a felony conviction can have a lasting impact on an individual’s life, making it challenging to find employment, obtain housing, and even get loans. However, the Illinois Expungement Statute provides a way for individuals to have their felony records sealed or expunged, allowing them to start anew. In this article, we will explore the process of expunging a felony in Illinois and the eligibility criteria.
Eligibility Criteria for Felony Expungement in Illinois
To be eligible for felony expungement in Illinois, the individual must meet the following criteria:
- The felony conviction must be at least 10 years old
- The individual must not have any pending charges or new convictions
- The individual must not have any active sentences or probation
- The individual must not have any outstanding fines or court-ordered restitution
- The individual must not have been convicted of a sex offense or a violent crime
Types of Felonies that Can be Expunged in Illinois
Not all felonies are eligible for expungement in Illinois. The following types of felonies are typically eligible for expungement:
- Class 4 felonies, such as possession of controlled substances
- Class 3 felonies, such as theft or burglary
- Class 2 felonies, such as aggravated assault or battery
- Class 1 felonies, such as murder or attempted murder (in some cases)
The Expungement Process in Illinois
The expungement process in Illinois involves several steps:
- Filing the Petition: The individual must file a petition for expungement with the court where the felony conviction was obtained.
- Waiting Period: The court will review the petition and wait for a period of 10 days to allow any potential objectors to file an objection.
- Hearing: If no objections are filed, the court will schedule a hearing to review the petition.
- Order of Expungement: If the court grants the petition, it will issue an order of expungement, which will seal or expunge the felony conviction.
Benefits of Felony Expungement in Illinois
Felony expungement in Illinois offers several benefits, including:
- Sealing of Records: The felony conviction will be sealed, and the individual will not be required to disclose it on job applications or other documents.
- Increased Job Opportunities: With a sealed or expunged felony conviction, individuals may be more likely to be considered for employment.
- Improved Credit: A sealed or expunged felony conviction will not be considered in credit score calculations.
- Reduced Stigma: Expunging a felony conviction can reduce the stigma associated with having a criminal record.
Fees and Costs
The fees and costs associated with felony expungement in Illinois are as follows:
- Filing Fee: The filing fee for a petition for expungement is $60.
- Counsel Fees: Individuals may be required to pay counsel fees, which can range from $500 to $1,000.
- Court Costs: The court may also require payment of court costs, which can range from $100 to $500.
Table: Felony Expungement Process in Illinois
| Step | Description |
|---|---|
| 1 | File a petition for expungement with the court |
| 2 | Wait for 10 days to allow for potential objections |
| 3 | Schedule a hearing if no objections are filed |
| 4 | Review the petition at the hearing |
| 5 | Issue an order of expungement if the petition is granted |
Conclusion
Felony expungement in Illinois can be a complex and time-consuming process, but it can offer significant benefits for individuals who have completed their sentences and are looking to start anew. By understanding the eligibility criteria, types of felonies that can be expunged, and the expungement process, individuals can take the first step towards sealing or expunging their felony conviction and rebuilding their lives.
