First Degree Felony in Illinois

Illinois law does not use the term 'first-degree felony.' Instead, it follows a class-based system. At the top of this hierarchy are first-degree murder and Class X felonies, which carry the harshest prison sentences and consequences. The Illinois Compiled Statutes (ILCS), under Chapter 730 of the Unified Code of Corrections, organizes felonies by severity as follows:

• First-degree murder (treated as a separate category)
• Class X felony
• Class 1 felony
• Class 2 felony
• Class 3 felony
• Class 4 felony.

In Illinois, a Class X felony is the functional equivalent of a first-degree felony in other states. It is the most serious felony classification short of murder and carries some of the harshest penalties. The exact punishment for a felony in Illinois depends on the type of crime and the presence of aggravating circumstances.

Public Access to First Degree Felony Records in Illinois

The Illinois Freedom of Information Act (5 ILCS 140) and the Court Record and Document Accessibility Act (705 ILCS 86/) establish a clear principle that court records and documents should be accessible to the public. As a result, Class X (First-degree) felony records are generally available unless they have been sealed, expunged, or involve juveniles or other sensitive case types.

Individuals who wish to obtain such records may request them through the Illinois State Police (ISP), which serves as the state’s central repository for criminal history records. For a fee, the ISP offers both name-based and fingerprint-based background checks through the Criminal History Information Response Process (CHIRP).

Additionally, many Illinois County Circuit Court Clerks provide online portals that allow users to access publicly available court records at no cost. Individuals may also visit the clerk’s office in person to search for records by name or case number, and to view physical case files for a fee.

Furthermore, numerous third-party websites collect and compile public record information from multiple sources, including court records. Although these platforms may be convenient, they may lack the accuracy and timeliness of official sources.

Common Crimes Classified as First Degree Felonies in Illinois

In Illinois, a Class X felony is treated as the equivalent of a first-degree felony in other states. It represents the most serious felony classification aside from first-degree murder. Certain offenses are elevated to Class X status when aggravating factors are present, such as the use of a weapon, the infliction of serious bodily harm, or the vulnerability of the victim. Common examples of crimes charged as Class X felonies in Illinois include:

• Armed robbery (720 ILCS 5/18-2)
• Aggravated kidnapping (720 ILCS 5/10-2)
• Aggravated criminal sexual assault (720 ILCS 5/11-1.30)
• Predatory criminal sexual assault of a child (720 ILCS 5/11-1.40)
• Aggravated Vehicular Hijacking (720 ILCS 5/18-4)
• Aggravated arson (720 ILCS 5/20-1.1)
• Home invasion (720 ILCS 5/19-6).

According to data from the Illinois Uniform Crime Reporting (I-UCR) Program, crime trends between 2023 and 2024 showed notable shifts across offense categories. Arson incidents rose by 13.33%, sexual offenses increased by 18.83%, and kidnappings climbed by 2.95%. In contrast, certain violent crimes declined, with robberies falling by 16.49% and homicides decreasing by 11.70%. These figures highlight a mixed pattern of rising and falling offenses within the state over this period.

Prison Sentences and Fines for First Degree Felonies in Illinois

In Illinois, a conviction for a Class X felony, the equivalent of a first-degree felony, carries mandatory prison time and substantial fines. Under 730 ILCS 5/5-4.5-25, the standard sentencing range is 6 to 30 years in prison. If aggravating factors place the offense in the extended-term category, the range increases to 30 to 60 years. Alongside imprisonment, the court may impose fines of up to $25,000, with the exact amount set at the judge’s discretion. The ultimate sentence depends on factors that reflect the seriousness of the offense, including:

• Use of a Weapon (730 ILCS 5/5-8-1(a)(1)(d)): If a firearm is involved in the offense, the law requires a significant sentence enhancement added to the base penalty:
  • +15 years if a weapon was present during the crime
  • +20 years if the firearm was personally discharged
  • +25 years to natural life if the discharge caused significant bodily harm or death
• Nature of the Crime: Sentencing is influenced by whether the offense caused serious bodily harm or targeted vulnerable victims
• Prior Offenses: A history of felony convictions may qualify an offender as a habitual criminal, exposing them to extended-term sentences.

What is the Maximum Sentence for a First Degree Felony in Illinois?

In Illinois, a Class X felony, the equivalent of a first-degree felony, carries a maximum sentence of life imprisonment. The standard sentencing range is 6 to 30 years, but judges may impose an extended term of 30 to 60 years if aggravating factors are present. In cases involving firearm enhancements or particularly severe factors, the sentence may increase to life imprisonment without the possibility of parole.

In addition, offenses committed against children or elderly individuals and repeat offender status (habitual criminals) may result in more severe penalties. A judge may also treat a hate crime as an aggravating factor when determining the sentence for a Class X felony, which may result in the punishment being set at the upper end of the sentencing range.

What is First Degree Murder in Illinois?

Under 720 ILCS 5/9-1, first-degree murder is the most serious homicide offense in Illinois. A person may be charged with first-degree murder if they:

• Intend to kill or inflict significant bodily harm on the victim or another person
• Cause a death while knowing their actions create a strong probability of death or significant bodily harm
• Kill someone in the course of committing or attempting a forcible felony (such as armed robbery, aggravated sexual assault, or kidnapping), or while fleeing from such a crime.

In Illinois, first-degree murder is not categorized as a 'first-degree felony.' Instead, it stands in its own classification and is treated with the utmost severity. According to 730 ILCS 5/5-4.5-20, the standard sentencing range is 20 to 60 years in prison. Aggravating factors may raise the penalty to 100 years or life without parole, such as:

• The killing of a child or a law enforcement officer
• Causing a death while committing another offense.

Can First Degree Felony Records Be Sealed or Expunged in Illinois?

Expungement is a legal process that permanently eliminates a criminal record or returns it to the individual. By contrast, sealing a record restricts it from public access but still allows law enforcement and certain government agencies to view it. The Criminal Identification Act (20 ILCS 2630/5.2) specifies which records may be expunged or sealed and sets forth the requirements for each process.

Illinois law does not allow individuals with Class X felony convictions to expunge or seal their records. An individual may clear a Class X felony record only if the court dismisses the case, an appellate court overturns the conviction, or the governor issues a pardon authorizing expungement (typically in cases of actual innocence). Otherwise, the file remains permanently visible to the public. The state enforces this policy to preserve records of serious and violent offenses in the interest of public safety.

Difference Between First Degree and Second Degree Felonies in Illinois

Illinois classifies felonies using a tiered system, with Class X and Class 1 among the most serious. While other states may refer to these as 'first-degree' and 'second-degree' felonies, Illinois distinguishes them based on the severity of harm to the victim and whether aggravating factors are present.

In Illinois, a Class X felony represents the most severe felony category, ranking just below the separate offense of first-degree murder. These crimes typically involve extreme violence or cause significant harm to victims. A Class X felony conviction carries a mandatory prison sentence of 6 to 30 years, which may be extended to 30 to 60 years, or even up to life if the offense involves a firearm discharge resulting in death. Common examples of Class X felonies include:

• Aggravated criminal sexual assault
• Armed robbery
• Aggravated kidnapping
• Home invasion
• Aggravated arson.

A Class 1 felony ranks just below Class X felonies in severity. These crimes may involve violence or significant harm, but they are generally considered less severe than Class X offenses. Under 730 ILCS 5/5-4.5-30, a Class 1 felony conviction carries a potential prison sentence of 4 to 15 years. If aggravating factors are present, the court may impose an extended term of 15 to 30 years. Unlike Class X felonies, probation or a suspended sentence may be possible depending on the nature of the offense and the circumstances, though the court retains discretion to deny it. Common examples of Class 1 felonies include:

• Residential burglary
• Criminal sexual assault (non-aggravated)
• Certain amounts of drug possession/trafficking
• Second-degree murder (720 ILCS 5/9-2(d)).

Statute of Limitations for First Degree Felony Charges in Illinois

The statute of limitations establishes a defined time period within which prosecutors must file criminal charges after an offense occurs. Its purpose is to promote fairness by ensuring cases are pursued while evidence is current, witnesses’ memories are accurate, and defendants are not subject to an indefinite risk of prosecution. In Illinois, the statute of limitations for Class X felonies varies depending on the specific crime.

Under Illinois law (720 ILCS 5/3-5), the most serious Class X felonies fall into a category of crimes with no statute of limitations, allowing prosecutors to file charges at any time, even decades after the offense. This category includes murder, aggravated criminal sexual assault, aggravated arson, and sex crimes against minors, among other serious offenses. For most other felonies not explicitly excluded, the statute of limitations is three years from the date the crime occurred.

Probation and Parole Eligibility for First Degree Felonies in Illinois

Per the Unified Code of Corrections (730 ILCS 5/5-6-1 through 5-6-5), Illinois law prohibits granting probation in place of a prison sentence for individuals convicted of Class X felonies. Because of their severity and violent nature, these offenses typically incur a mandatory incarceration penalty.

Under the Unified Code of Corrections (730 ILCS 5/3-3-7), Illinois allows individuals convicted of Class X felonies to become eligible for parole or mandatory supervised release after serving at least 85% of their sentence. Inmates may earn up to a 15% reduction in their sentence by exhibiting good behavior, complying with prison rules, and participating in approved programs.

For certain severe offenses, such as first-degree murder, the law requires them to serve 100% of their sentence. Once released, the individual must comply with specific conditions of mandatory supervised release, typically for three years, under the supervision of the Illinois Department of Corrections.

Impact of a First Degree Felony Conviction on Criminal Records in Illinois

Class X felonies, the Illinois equivalent of a first-degree felony, rank among the most serious crimes short of murder, and their impact extends well beyond the prison term. Illinois law allows only certain non-violent, non-sexual felonies to be sealed, and Class X felonies are specifically excluded. As a result, the conviction remains permanently visible to the public and will appear on most criminal background checks. This visibility creates lasting obstacles in many areas of life, including access to employment, housing, and civil rights, such as firearm ownership and immigration opportunities.

A prior Class X felony conviction may significantly increase the punishment for future felony offenses in Illinois. Under the Illinois Habitual Criminal Act (730 ILCS 5/5-4.5-95), anyone convicted of a third qualifying felony, including a Class X felony, must receive a mandatory sentence of natural life in prison without the possibility of parole. In addition, a previous Class X felony may make a defendant eligible for extended-term sentencing (730 ILCS 5/5-8-2), which authorizes the court to impose the highest range of penalties for the new offense.