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Can I expunge a class 3 burglary charge.

Dixon, IL |

I was working at a department store at the time of the felony. I then decided to steal from my employer. It was back in Jan 2006. I was only doing it cause I was young and naive and did not know what my actions would do to me into the future. Till now I have no job and no one will hire me unless I can get it expunged. I have received Bond papers from my ( IDES ) Illinois Department of Employment Security office. And not even that helps. This is my first felony.

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Attorney answers 5

Posted

Felonies cannot be expunged.

Asker

Posted

Can they be sealed and what does it mean when you get a document sealed? I have 3 kids that I am trying to pay child support for but no job.

Asker

Posted

what if a felony has been 7yrs ago can it then be expunged. I was told it is possible after 7 yrs? for a First time Felony.

Judy A. Goldstein

Judy A. Goldstein

Posted

No, it cannot be expunged. Whoever told you that was wrong. The felony can also NOT be sealed.

Asker

Posted

what about getting a pardon

Asker

Posted

So my Judge is also wrong then?

Asker

Posted

please I am in need of some guidence to at least try and learn about pardons?

Judy A. Goldstein

Judy A. Goldstein

Posted

Pardons are very rare. To be considered, decades must go by and you must be a model citizen. Very few pardons are granted.

Asker

Posted

What can I do then? I have been bonded by my illinois department of employment security with a piece of paper giving the hiring company a $5,000 tax write off after a year. But no one will accept it. Not even the ones on their list.

Asker

Posted

I don't plan to be getting in trouble in the present or near future, unless its for non-payment of child support. I just need helpful advice.

Asker

Posted

Wait didn't Pat Quinn just pass a new law for offenders such as I? This needs further insight.

Asker

Posted

http://www.cleanrecordillinois.com/blog.html

Posted

No.

Asker

Posted

My probation officer told me I could though is he missleading me or is he just trying to give me hope?

Asker

Posted

And could I get it sealed?

Asker

Posted

If a Felony has waited 7yrs with no prior convictions and I am of witch a first time felon being I have only this one felony. Can it then and only then be expunged?

Posted

No conviction can be expunged in Illinois and no Class 3 felony conviction can be sealed. Sorry.

Posted

I concur with my Avvo colleagues. It cannot be expunged or sealed. Perhaps this may change in the future but not under current Law.

Of course, every answer is based on the question asked and requires a complete context. This answer should NOT be relied upon to make any legal decisions. Seek the advice of an experienced criminal defense attorney in YOUR JURISDICTION -BEFORE you do or say anything. Law Offices of Raymond G. Wigell, Ltd. Admitted in Illinois and Federal District Courts in Illinois(Northern, Central and Southern Districts) and Indiana(Northern District), Defenders of the Constitution since 1975; Aggressive Creative Defense Strategies. Website: www.waaltd.com Email: rwigell@waaltd.com Available - 24/7 Office (708)481-4800 Cell. (708)218-0923

Posted

I'm not an attorney up there, but it looks like there's some recent change in the law: http://www.ilga.gov/legislation/BillStatus.asp?DocNum=3061&GAID=12&DocTypeID=HB&SessionID=85&GA=98
It's passed both houses and the governor's approved it. You'll need to check with a local attorney to find out when it goes into effect and make sure it applies retroactively. You probably want to wait a month or two as attorneys catch up on legislative changes. We learn about these things as we can, and most of us take continuing education classes yearly to make sure we're up on new law.

Looks like you might need to test clean, so hopefully you aren't indulging in illegal substances or anything. If you are, stop.

You're extremely fortunate if this ends up applying to you. In many places, including Texas, a conviction can never, under any circumstance, be sealed or expunged. And you're someone who stole a felony amount from an employer and are now asking another employer to trust you.

Attorney Meenu Walters - 210-294-2515 - mwalters@lawwalters.com

Joshua Sachs

Joshua Sachs

Posted

Thank you for the reference to the possible change in the statute. That is indeed what the web site seems to indicate, but I had heard to mention of it. I will check it with my expungement sage.

Deepali Meenu Walters

Deepali Meenu Walters

Posted

You're welcome!

Deepali Meenu Walters

Deepali Meenu Walters

Posted

For the asker, the effective date isn't until January 2014. I'd go ahead and start saving up some money and making sure I'm clean.

Joshua Sachs

Joshua Sachs

Posted

Well, there is some change afoot for the better but it is rather complicated. A number of bills have been passed and signed by the Governor liberalizing expungement and sealing procedure in Illinois and they will become effective on January 1, 2014. That is the good part. The package of bills is, unfortunately rather complicated and some study is necessary to figure out which circumstances are covered and how. It looks as though the list of sealable Class 4 felony convictions has been increased, some Class 3 felony convictions have become sealable for the first time and, again for the first time, some convictions can be expunged under narrow circumstances. The Prisoner Review Board will have a role in some situations, and in others military service will be a factor. All in all, much more complex than normal Illinois expungement and sealing.

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