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Illinois Expungement after Military Service

Posted by Jeffrey A. Fagan | May 21, 2017 | 0 Comments

Military Service and Illinois Expungements

If you served in the United States Armed Forces earning an Honorable Discharge, and are seeking expungement of a Class 3 or Class 4 Felony, your case may be eligible for expungement.

Photo By: Lance Cpl. Holly Pernell

Illinois felony convictions generally cannot be expunged. There are exceptions for certain very limited types of criminal offenses and sentences. In almost every case, it is the type of offense or the sentence that might make a case eligible. However, our society has always sought ways to recognize and honor military service, and Illinois expungement law does so as well. 

Qualifying for Certificate of Expungement for Military in Illinois

In general, if you joined the military with a Class 3 or Class 4 felony conviction already on your record, or were enlisted at the time of the conviction, and you served at least one full tour of duty resulting in an Honorable Discharge, you may be eligible for expungement in spite of any conviction. This is limited to qualifying Illinois criminal offenses which are non-violent, non-sexual, or non-gun related offenses. 5 years must have passed since the disposition was entered. In order to qualify, you must first submit a “Request for Consideration” from the Illinois Prisoner Review Board. Make sure you have a copy of your DD-214 handy to start the process (if you cannot locate a copy, you can obtain one here). 

Once that "certificate of expungement" is granted by the Illinois Prisoner Review Board, then a petition to expunge may be filed with the Court. This is a truly unique exception to the general rule that most convictions cannot be expunged under Illinois Law. An experienced criminal defense attorney that handles expungement can advise if you qualify for this exception - contact us now for help with this process. 

About the Author

Jeffrey A. Fagan

Jeff earned his law degree from The John Marshall Law School in Chicago Illinois, and helps clients with residential real estate transactions as well as defense of traffic, DUI and criminal matters.


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