Prior to the passage of HB 3061, only Class 4 felony convictions for possession of cannabis, possession of a controlled substance, Methamphetamine Precursor Control Act, Steroid Control Act, and prostitution were eligible for sealing.
Illinois HB 3016 expands eligibility for sealing felony convictions by adding the following to the list of eligible offenses:
- Class 2 felony conviction records for burglary, delivery of a controlled substance, and possession of a stolen motor vehicle;
- Class 3 felony conviction records for theft, retail theft, deceptive practices, and forgery; and
- Class 4 felony conviction records for possession of cannabis, possession of a controlled substance, violation of the Methamphetamine Precursor Control Act, violation of the Steroid Control Act, prostitution, theft, retail theft, deceptive practices, forgery, and possession of burglary tools (rather than only Class 4 felony convictions for possession of cannabis, possession of a controlled substance, Methamphetamine Precursor Control Act, Steroid Control Act, and prostitution).
The sealing is allowed 4 years after termination of the person’s last sentence. It also requires a person petitioning to seal a drug offense to pass a drug test within the 30 days preceding the filing of the petition to seal.
If you had a felony record because you have been convicted of a crime, the only way to clear your record is to expunge/seal it. Be advised that once you are arrested and booked, you have a record. Even if your case is dismissed or you were found not guilty, the arrest will remain on your record. The only way to clear the arrest is also to expunge or seal your record.
Clearing your record successfully requires time, patience and experience. For further details or assistance, please contact the Law Offices of Azita M. Mojarad, P.C.