Illinois Expungement & Record Sealing Guide

Who Qualifies for Expungement in Illinois?

Illinois allows both expungement (record destruction) and sealing (record hidden from public). Eligibility depends on the outcome of the case and the offense type.

Expungement (Records Destroyed)

You may be eligible for expungement in Illinois if:

• Your case was dismissed, you were acquitted, or charges were never filed
• You successfully completed supervision (a type of Illinois probation where no conviction is entered)
• You successfully completed qualified probation (710-1410 drug probation, TASC probation, Second Chance probation)
• You were convicted of a cannabis-related offense that is no longer illegal under Illinois law

Convictions generally cannot be expunged in Illinois — they may be sealed instead (see below). Exceptions exist for certain qualified probation completions and cannabis convictions.

Sealing (Records Hidden From Public)

Sealing is available for many conviction types in Illinois. You may qualify to petition to seal if:

• The conviction was for a misdemeanor or ordinance violation — after a 3-year waiting period (reduces to 2 years on June 30, 2026)
• The conviction was for a Class 1, 2, 3, or 4 felony — after a 3-year waiting period
• You have not been convicted of any new offense during the waiting period
• You are not currently under supervision or serving a sentence

Not eligible for sealing (ever):

• Sex offenses under Article 11 (except prostitution or misdemeanor public indecency)
• Domestic battery
• Violations of orders of protection
• DUI or reckless driving
• Dog fighting and certain animal cruelty offenses
• Any offense requiring sex offender registration

Eligible for petition-based sealing but NOT automatic sealing (under Clean Slate 2029): Class X felonies, homicide offenses, robbery, residential burglary, vehicular hijacking, trafficking, and crimes of violence involving firearms.

Step-by-Step: How to Clear Your Record in Illinois

Note: Illinois automated sealing does not start until January 1, 2029. Until then, all sealing and expungement requires a petition to the court.

1. Obtain your criminal record — Request your Illinois State Police criminal history transcript (~$16.50) to confirm offense types, dispositions, and dates.
2. Use the official petition forms — The Illinois Office of the State Appellate Defender (OSAD) and the Access to Justice Commission provide free, court-accepted forms at osad.illinois.gov. Use one set of forms for expungement, a different set for sealing.
3. File in the circuit court — File in the county where you were arrested (for expungement) or convicted (for sealing). Filing fee: approximately $120–$200 depending on county. Fee waivers available if indigent.
4. Serve notice — Notify the State's Attorney, Illinois State Police, and all arresting agencies. Specific service requirements vary by county.
5. Objection period — The State's Attorney has 60 days to object. If no objection, the petition may be granted without a hearing.
6. Hearing (if objected) — A judge will hear arguments. You must demonstrate eligibility and that granting the petition is in the interest of justice.
7. Order issued — If granted, all agencies must expunge or seal the records. Illinois State Police updates its database and notifies relevant agencies.

Waiting Periods

Current waiting periods (until June 30, 2026):

• Non-convictions (dismissal, acquittal, supervision): No waiting period — may file immediately
• Qualified probation completion: No waiting period after successful completion
• Misdemeanor convictions: 3 years after sentence completion
• Felony convictions (Class 1–4): 3 years after sentence completion

Updated waiting periods (effective June 30, 2026):

• Qualified probation and supervision: 2 years after completion (reduced from 3)
• Misdemeanor and ordinance convictions: 2 years after completion (reduced from 3)
• Felony convictions: 3 years (unchanged)

Costs

• Illinois State Police criminal history: ~$16.50
• Court filing fee: $120–$200 (varies by county; fee waiver available)
• Petition forms: Free from OSAD (osad.illinois.gov)
• Attorney fees: $500–$2,500 depending on case complexity

Illinois Legal Aid Online (illinoislegalaid.org) offers free guided forms to prepare your petition. The Chicago Lawyers' Committee and many county legal aid offices hold free expungement clinics.

What Record Clearing Does (and Doesn't) Do in Illinois

After a successful expungement or sealing in Illinois, your record will generally be cleared from:

• Most private employer background checks
• Rental housing background checks
• Most licensing board inquiries (varies by profession)

However, it typically does not affect:

• Federal law enforcement and immigration records
• Military background checks
• Applications for law enforcement positions
• Some professional licensing boards (law, medicine, teaching — varies by state)
• Sex offender registry requirements (in most cases)

Disclaimer: This information is for general educational purposes only and does not constitute legal advice. Laws change frequently. Consult a licensed attorney in Illinois for advice specific to your situation.