What Are the Long-Term Consequences of a Felony Conviction in Illinois? If you’re charged with a felony in Illinois, it’s natural to be scared of a prison sentence – a felony conviction can cost you anything from a year to decades or even life in prison. But what about after the sentence? Even though you want to move on and start fresh, there are long-term consequences to your rights, career, family, and more.
Don’t let a felony accusation ruin your life. Combs Waterkotte are Southern Illinois’ leading criminal defense lawyers, and are prepared to fight tooth and nail to defend your freedom. We guard your rights and freedom from unjust prosecution.
Call (314) 900-HELP or get in touch online to speak with an experienced Southern Illinois felony defense attorney, who can help protect your:
- Record
- Voting rights
- Firearms rights
- Reputation
- Housing
- Employment
- And more.
How Long Does a Felony Conviction Stay on Your Record in Illinois?
Unless it is expunged, it will stay on your record forever. Felony convictions will never naturally expire from your record, and will continue to be publicly available in Illinois. It is possible to have certain felony criminal records sealed, which we’ll discuss below, but they will still exist.
Because of this, it’s always better to avoid a conviction in the first place. An experienced Southern Illinois criminal defense attorney can protect you from felony convictions, including Class 1 and even Class X felonies.
Which Rights Do You Lose in Illinois After a Felony Conviction?
Alleged offenders convicted of a felony lose several rights in Illinois. These can have major impacts on your lifestyle, costing you the following:
- Voting rights
- Second Amendment rights (right to own firearms)
- Public Assistance rights, like access to SNAP (food stamps) or public housing
- Parental and adoption rights, depending on the type of conviction
In some cases, like voting, the rights are restored after release from prison. However, others, like the right to own firearms, require going through a review and approval process before they can be reinstated.
Other Long-Term Consequences of a Felony Conviction in Illinois
Beyond incarceration and the formal loss of rights, there are many informal and social consequences that you could face after an Illinois felony conviction. These may not be as obvious, but they are just as important.
Social Stigma
With a felony record, some people won’t treat you fairly. It doesn’t matter if you were wrongfully convicted, if you were given probation, or if you’ve worked hard to turn your life around. An Illinois felony conviction can be a stain on your reputation, which can have negative psychological impacts on you, too.
Housing
On top of public housing restrictions, private landlords will be able to search and find a felony conviction on your record, and may use it as a basis to deny you as a tenant. They can look back several years on your record, creating long-lasting housing challenges.
Immigration and Deporation
Felony convictions for non-U.S. citizens pose an extra risk: Deportation. Particularly for violent and dangerous crimes, a conviction can lead to being sent out of the country. This effect extends into the long-term, as the conviction can then later be used to deny a green card and/or entry to the country. Relatedly, this can affect your chances of receiving U.S. citizenship in the future.
Custody Issues
Any kind of felony conviction can be a barrier when it comes to child custody. Judges will consider the parents/guardians’ criminal record before making a decision, and it can have a major impact. In particular, repeated convictions or convictions involving domestic violence can sink your chances in a child custody hearing
Travel Restrictions
After a felony conviction, you can face travel restrictions both in the country and internationally. Within the U.S., you could be restricted from traveling to another state if you’re on probation or parole. Internationally, some countries may deny you entry if they find a felony conviction on your record.
Employment
In Illinois, felony convictions have major collateral consequences on employment. Similar to housing, employers can run background checks on you, and can outright deny you the position in certain cases. Beyond job applications, having a felony conviction on your record can be a hurdle to occupational and business licenses.
Avoiding the Long-Term Consequences of a Felony Conviction in Illinois
Getting Felony Charges Dropped or Dismissed
Felony criminal charges can be dropped or dismissed in Illinois. For a charge to be dropped, the prosecutor needs to determine that there’s insufficient evidence to move forward with the case (note that the alleged victim cannot drop the charges). A felony defense attorney can help with this by communicating with the prosecutor, arguing in front a judge, and demonstrating the case’s weaknesses.
For a case to be dismissed, instead of the prosecutor deciding that the charges are not worth pursuing, a judge does. While this can happen at any point in the judicial process, this normally occurs during a preliminary hearing – if the prosecutor presents a basic version of their case to a judge, who decides whether the case can be proven beyond a reasonable doubt at trial. A Southern Illinois criminal defense attorney can help get your case dismissed by showing weaknesses in the prosecution’s arguments and demonstrating that there were procedural issues, if applicable.
Fighting for a Not Guilty Verdict at Trial
At trial, if you are found not guilty, there will not be a felony conviction on your record. To be found not guilty, you’ll need to be prepared with an ironclad strategy. Common defensive strategies we use for felonies include:
Combs Waterkotte brings a trial-ready, fearless defense to each of our clients’ cases. This not only results in numerous not guilty verdicts, but also helps us in negotiations since the prosecution knows we won’t back down.
Sealing or Expunging Illinois Felonies
Finally, after a dismissal, drop, or trial, you can look to have your felony records sealed or expunged. Keep in mind that some special conditions apply:
In order for your conviction to be eligible for expungement, certain criteria must apply:
- The conviction was reversed
- You received a pardon allowing expungement
- You completed court supervision, and enough time has passed
- You completed Qualified Probation, and five years have passed.
- You are an Honorably Discharged Veteran with a special Certificate for Eligibility for Expungement.
However, beyond these specific circumstances, no felony convictions can be expunged. This means that for any Illinois felony convictions with prison sentences, expungement is not an option. In these cases, you will want to request that your records be sealed.
In Illinois, several felony convictions can be sealed if enough time has passed since you completed your sentence. If they are sealed, the records of the conviction will still exist, but can only be accessed by a select few groups, like law enforcement, courts, and other government agencies. Landlords, schools, and most employers cannot view them, helping stop the stigma.
On a related note, in Illinois, if you were arrested and charged but not convicted, you can also request that the arrest record be expunged. This isn’t normally as important as expunging a conviction, but is still good for your record.
At Combs Waterkotte, we are experts in both expunging and sealing Illinois criminal records. We help you navigate the process, fill out the forms, and fight to give you the second chance you deserve.
Stop Your Felony Conviction Before It Happens: Call Combs Waterkotte Today
Don’t panic if you’ve been charged with a felony – Combs Waterkotte is here to help. Our team of top Southern Illinois criminal defense lawyers will fight for your freedom, and won’t rest until you get the justice you deserve. When you hire us, you’re getting a law firm with:
- Over 10,000 cases handled, just like yours
- A client-centered approach, with 24/7 availability and a people-first attitude
- Two former prosecutors who know how the state builds its cases against you
- Extensive resources to build your defense, from start to finish.
Get in touch with a top felonies lawyer in Southern Illinois by calling (314) 900-HELP, or reach out online for a free, confidential consultation.
