Not all crimes qualify for expungement in Illinois – in fact, there are some things that have to stay on your criminal record forever. However, in some cases, offenses that don’t qualify for expungement still qualify for sealing. But what crimes can be expunged in Illinois? Here’s what you need to know.
What Crimes Can Be Expunged in Illinois?
The list of crimes that can be expunged in Illinois is shorter than the list of crimes you cannot expunge. In fact, you can only expunge things from your record if they didn’t result in a conviction or if they resulted in you being sentenced to certain types of supervision or probation. That means if you were found guilty of something, you can’t expunge it (but you may be able to seal it). Expungement is only for:
- Arrests for misdemeanors or felonies that didn’t result in a conviction
- Crimes that resulted in a supervision sentence, as long as the waiting period has passed
- Crimes that resulted in a sentence of certain types of probation, as long as the waiting period has passed
There is an exception, though. If you’re an honorably discharged veteran of the U.S. Armed Forces (any branch), you might be eligible to expunge certain nonviolent Class 3 and Class 4 felonies.
You can never expunge sex offenses, violent crimes or gun crimes.
Sealing: For Crimes That Cannot Be Expunged From Your Record
Criminal record sealing is another option if your crimes can’t be expunged from your record. As a general rule, you can seal:
- Most misdemeanors and felonies, even if you were convicted
- Arrests for misdemeanors or felonies that didn’t result in a conviction
- Felony traffic offenses that were reduced to an eligible misdemeanor
However, you usually have to wait at least 3 years from the date you complete your sentence to seal a conviction. You cannot seal convictions of:
- Reckless driving
- DUI
- Domestic battery
- Violation of an order of protection or similar order
- Soliciting or patronizing a prostitute
- Public indecency
- Any offense that requires you to register as a sex offender
- Dog fighting
- Class A misdemeanors under the Humane Care for Animals Act
Do You Need to Talk to a Lawyer About What Crimes Can Be Expunged in Illinois?
If you’re not sure whether you qualify for expungement or sealing, call us at 847-920-4540 to talk about what crimes can be expunged (and what crimes can be sealed). We’ll be happy to answer your questions and get you moving in the right direction.
