Illinois Passes New Law Expanding Felony Records Eligible For Sealing

Pursuant to 730 ILCS 5/3-3-2(a)(10), Class 3 or Class 4 felony conviction records may become eligible for sealing after obtaining a Certificate from the Parole and Pardon Board.

A petitioner is eligible to apply to the board for the certificate after 5 years have lapsed since petitioner’s last arrest, detention by any law enforcement agency, or violation of any law (excluding petty and traffic offenses). Only one Certificate for Eligibility of Sealing may be granted in petitioner’s life. If the Certificate is not granted, petitioner must wait 4 years before applying again. The approval for the Certificate requires a unanimous vote from at least 3 members of the Parole and Pardon Board Panel.

Records still not eligible for Certificate of Sealing include: (1) aggravated assault, (2) aggravated battery, (3) domestic battery, (4) domestic battery, (5) aggravated domestic battery, (6) violation of an order or protection, (7) criminal offenses involving a firearm, (8) DUI, (9) aggravated DUI, (10) any crime of violence under Section 2 of the Crime Victims Compensation Act.

The statute states that the board may only authorize for the sealing Class 3 or Class 4 felony records from one information or indictment, inherently suggesting that certificates may be granted for multiple felony convictions under the same indictment or information.

By: Andrius Spokas