What Crimes Cannot Be Expunged in Illinois?

If you’re like many people in Chicago, you have a few mistakes in your past – but you shouldn’t have to live with them forever.

The good news: Some people qualify for criminal record expungement. That’s a fresh start that erases your criminal record so it’s like nothing ever happened. People who don’t qualify for expungement often qualify for sealing.

But what crimes cannot be expunged in Illinois? Here’s what you need to know.

What Crimes Cannot Be Expunged in Illinois?

Figuring out which crimes cannot be expunged in Illinois can be tricky, so for most people, it makes sense to talk to a local expungement lawyer. Not everyone qualifies for criminal record clearing, so it’s a good idea to talk to a lawyer who can help you understand whether expungement or sealing is best for you.

Related: Am I Eligible for Expungement?

What you need to know is that you may be eligible to expunge arrest records or cases that were dismissed or resulted in no conviction. If you were actually convicted of a misdemeanor or a felony, you may have to ask the court to seal your records (which is a lot like expungement).

You cannot seal some criminal convictions, like those involving:

  • Animal care crimes
  • Crimes that require you to register as a sex offender
  • Crimes that require you to register as an arsonist
  • Domestic battery
  • Driving under the influence
  • Many violent crimes and murder

What if Some, but Not All Offenses on Your Record Qualify for Expungement?

You may be in a situation where some of the things on your criminal record qualify for expungement or sealing, but others don’t. In cases like those, you can still expunge or seal arrests and cases that are eligible – they don’t make your whole record ineligible, like they do in some states.

What About Waiting Periods for Crimes That Can Be Expunged?

Some crimes have a mandatory waiting period before you can seal or expunge them. For example, some arrests relating to the Cannabis Control Act and the Illinois Controlled Substances Act, as well as a few others, could be eligible for sealing after 3 years and expungement after 5 years. Your lawyer can help you make the right decision if you qualify for either of those.

Do You Need to Talk to a Lawyer About What Crimes Cannot Be Expunged in Illinois?

If you’re not sure whether you would qualify for criminal record expungement or sealing, we can help.

Call us right now at 847-920-4540 so we can talk about your criminal history and the crimes that can – and can’t – be expunged. Get your free expungement consultation right now!