How long should one wait until seeking the expungement of his criminal record?

UPDATED: Oct 1, 2022

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How long should one wait until seeking the expungement of his criminal record?

The case was for retail theft misdemeanor upgraded to a felony for a previous conviction. However, I’ve worked in a corporate environment prior to the most recent conviction for over 10 years. Needless to say, I fell into a sad state of affairs and now the anxiety is kicking in. It’s been 3 years since the day I pled guilty.

Asked on April 22, 2019 under Criminal Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

In your state, you cannot expunge a misdemeanor or felony conviction, unless it was later reversed, vacated, or pardoned--so a misdemeanor or felony conviction that was never reversed or "undone" in one of those ways is not expungeable. Based on what you write, you do not appear to be eligible for expungement.

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