Can a felony theft that resulted in prison time be expunged in IL?

Question

Can a felony theft that resulted in prison time be expunged in IL?

Answer 1

No, sorry, but it can't be.

Answer 2

--- There are actually three ways you can have your Illinois criminal record cleared: 1) expungement, 2) sealing, and 3) governor's pardon. Illinois law defines what State crimes can/cannot be expunged or sealed. The first step in determining one’s eligibility for expungement would be to contact the "Office of the Appellate Defender." to see if you qualify. They have an internet site that provides all the information you need to contact them and I have both placed a link/url for them in the source box (see [a] ) and copied some of their information directly to here, see below.

--- Expungement is an option when an applicant has no PREVIOUS convictions (misdemeanor or felony) on his/her record. Even if they are eligible, the decision is entirely a matter of judicial discretion. That means that its all up to the judge in the county the arrest or conviction and he/she may or may not grant expungement at their whim. In most cases, however, such petitions are granted (see [b] in the source box ).

--- From the Office of the Appellate Defender:

.........EXPUNGEMENT INFORMATION........

--- People with qualifying arrests and convictions may petition the court of their sentencing county to expunge or seal their records. We can answer your questions regarding eligibility for expungement and sealing. We also have an information packet explaining the process and requirements for expunging/sealing of records. To contact us with questions, or to request a copy of the information packet, you may email, call or write us.

--- For Cook County cases:

P.O. Box 64895

Chicago, IL 60664-0895.

Toll-Free: [phone]

Fax:[phone]

Email: [e-mail]

--- For all Illinois cases outside Cook County:

P.O. Box 5240

Springfield, IL 62705-5240

Toll-Free: [phone]

Fax:[phone]

Email: [e-mail]

======================================...

PARDONS & CLEMENCY

---  I would also add that if you are not eligible for this you can still petition your governor for a pardon or clemency. (see [b] in the source box )

---  If someone does not qualify for expungement or sealing, they must seek a pardon from the governor. Pardons are not just for people who've done time in prison! Anyone who has a conviction needs a pardon! However, the governor has the power to both pardon an offender and issue an executive order to expunge the conviction.

(see [b] in the source box )

--- It is important to understand that, in the State of Illinois, “clemency” is for the person who is still in prison. A “pardon,” on the other hand, is for the person who has been released - or never entered prison - but seeks to have a conviction removed from his/her record. Currently, thousands of petitioners are waiting for the Governor to make a decision on their pardon petition.  (see [b] in the source box )

I HOPE THIS IS WHAT YOU WERE LOOKING FOR.

Answer 3

Check with the court clerk where you were convicted, they can tell you if you meet the requirements for expungement.