State Guide
Illinois is one of a smaller number of states that draws a sharp legal distinction between two separate forms of relief: expungement and sealing. Understanding that distinction is essential before pursuing either option, because the outcome — and who qualifies — differs significantly depending on the path chosen.
The governing statute is 20 ILCS 2630/5.2, a section of the Criminal Identification Act that was substantially revised over the past decade to expand access to relief for more Illinois residents. The statute creates a framework that balances the public's interest in accessing criminal history information against an individual's legitimate interest in moving past an arrest or conviction that no longer reflects who they are.
For a comprehensive look at eligibility, timelines, and filing requirements specific to the state, visit the Illinois expungement guide.
In most legal discussions, "expungement" is used as a catch-all term for clearing a criminal record. Illinois does not use the term that loosely. Under 20 ILCS 2630/5.2, expungement and sealing are two distinct legal remedies with different effects.
Expungement in Illinois means the physical destruction of records — the arrest, charge, and associated documentation are obliterated from both local law enforcement and the Illinois State Police records. A successfully expunged record is not merely hidden; it is eliminated. This is the most complete form of relief available, and precisely because it is so thorough, the legislature has limited it to a narrower set of circumstances.
Sealing operates differently. When a record is sealed in Illinois, it is removed from public view but not destroyed. Members of the public — including most employers conducting background checks — cannot access a sealed record. However, law enforcement agencies, prosecutors, and certain licensing boards retain access. The record continues to exist; it is simply rendered invisible to most people looking at a standard background check. Because sealing stops short of destruction, it is available to a broader pool of applicants.
Expungement under Illinois law is primarily available to people who were arrested but never convicted, or whose cases were resolved in their favor. The statute explicitly covers arrests that did not result in a conviction — meaning cases where charges were dropped, where a grand jury declined to indict, where the state entered a nolle prosequi, or where the defendant was acquitted at trial. In these circumstances, no conviction exists, and the arrest itself may be expunged.
Supervision dispositions under 730 ILCS 5/5-6-3.1 that resulted in dismissal are also eligible. In Illinois, supervision is a form of disposition that does not constitute a conviction if successfully completed. When a court places a defendant on supervision and the defendant fulfills the terms — completing community service, paying fines, remaining arrest-free — the charges are dismissed. Once dismissed, the arrest record and supervision record may both be expunged.
Certain minor offenses where charges were dismissed or the person was found not guilty also qualify. Juvenile records are eligible for expungement under a separate but related framework. The general philosophy is that records reflecting situations where the criminal justice system did not ultimately find the person guilty should be available for complete elimination.
Importantly, expungement is generally not available for conviction records outside of specific narrow categories — which is where sealing becomes the more relevant form of relief for many petitioners.
One of the most significant recent expansions to Illinois expungement law came with the Illinois Cannabis Regulation and Tax Act of 2019, which legalized recreational cannabis and simultaneously created a mechanism for clearing cannabis-related criminal records.
Under the Cannabis Act, arrests and convictions for possessing less than 30 grams of cannabis are eligible for automatic expungement. The state undertook the process of reviewing records and implementing these expungements without requiring individual petitions in many cases. The Illinois Prisoner Review Board, the Prisoner Review Board, and various state agencies were directed to identify and expunge qualifying records.
For larger quantities — specifically convictions involving 30 to 500 grams of cannabis — automatic expungement does not apply, but individuals may petition a court for expungement. These petitions are evaluated on their merits, and the Cook County State's Attorney, among others, has publicly committed to not opposing these petitions. The Cannabis Act represents a meaningful expansion of expungement access for thousands of Illinois residents whose records stem from offenses that are no longer criminalized.
Sealing under 20 ILCS 2630/5.2 covers a substantially wider range of records than expungement. Most misdemeanor convictions are eligible for sealing after the applicable waiting period, as are certain felony convictions. Among felonies, Class 4 convictions are generally sealable, and certain Class 3 felonies are also eligible depending on the specific offense.
The waiting period for misdemeanor sealing is typically two years after the completion of the sentence — meaning two years after discharge from probation, payment of fines, or release from custody, whichever is latest. For Class 4 felonies, the standard waiting period is three years after sentence completion. Some categories of offense require longer waiting periods before a petition may be filed.
During the waiting period, the petitioner must remain conviction-free. A new conviction during the waiting period restarts the clock and may affect overall eligibility. The waiting period requirement reflects the legislature's interest in ensuring that sealing is sought by individuals who have genuinely moved past criminal activity, not those who received relief only to reoffend.
Not every record in Illinois can be expunged or sealed, and the exclusions are significant. The statute explicitly bars relief for several categories of offense regardless of how much time has passed or how clean the petitioner's subsequent record has been.
DUI and DWI convictions are never eligible for sealing in Illinois. This is an absolute bar — a person convicted of driving under the influence, even a first-offense misdemeanor DUI from decades ago, cannot have that record sealed. The legislature has consistently treated impaired driving as an offense that the public has a legitimate interest in accessing, particularly given the licensing and safety implications.
Domestic battery convictions are also ineligible, as are most sex offenses. Offenses involving orders of protection violations and crimes against children are excluded from sealing. The common thread across these exclusions is that they involve offenses where ongoing public access to the record is considered to outweigh the petitioner's interest in privacy. This reflects a policy judgment, not a moral assessment of any individual petitioner, but it is binding on courts.
Once a petitioner determines that their record is eligible and that the applicable waiting period has passed, the process begins by filing a petition in the circuit court where the arrest occurred. In Cook County, this means the Circuit Court of Cook County. In other counties, the petitioner files in the appropriate county circuit court.
Court filing fees in Illinois typically range from $120 to $250 depending on the county, though fee waivers may be available for petitioners who cannot afford the cost. Attorney fees are separate and vary depending on the complexity of the case and the number of arrests or convictions being addressed.
After the petition is filed, it is forwarded to the Illinois State Police, which is responsible for maintaining the state's criminal history database. The State's Attorney for the county where the arrest occurred also receives a copy and has 60 days to file an objection. During that 60-day window, the prosecuting authority reviews the petition and determines whether to oppose it.
If no objection is filed, the court may grant the petition without a hearing. If the State's Attorney objects, a hearing is scheduled at which the petitioner (or their attorney) and the prosecution can both present arguments. The court then weighs the relevant factors — the nature of the offense, the petitioner's conduct since the arrest, any hardship caused by the record — and issues a ruling.
Once granted, the Illinois State Police updates its records, and local law enforcement agencies are notified to update or destroy their records accordingly. The process of ensuring all relevant databases are updated can take several months after the court order is entered.
Illinois sealing and expungement provide meaningful relief, but they are not a universal fix for every consequence of a criminal record. Federal records, including FBI databases, are separate from state records and are not automatically updated when Illinois courts grant expungement or sealing orders. Federal employment, positions with federal agencies, and applications requiring federal security clearances may still reflect the underlying record.
Illinois law does permit individuals whose records have been expunged to answer "no" when asked on most applications whether they have been arrested or convicted — this is sometimes called the right to "deny." For sealed records, the right to deny on private employment applications also applies, but exceptions exist for certain licensing applications and positions involving vulnerable populations.
It is also worth noting that even sealed records remain accessible to law enforcement. If a person with a sealed record is arrested again, law enforcement can see the prior sealed record and prosecutors may use it in charging decisions or sentencing arguments. Sealing prevents public embarrassment and employment discrimination; it does not erase the record from the law enforcement universe.
A petitioner considering an Illinois expungement or sealing petition should take a few practical steps before filing. Obtaining a complete criminal history report from the Illinois State Police is advisable before filing — this ensures the petition addresses all relevant records and prevents surprises. The State Police provides a process for individuals to request their own records.
In Cook County, legal aid organizations and the Cook County Public Defender's office offer expungement clinics that may allow qualifying individuals to file at no cost. Many other counties have similar resources. For more complex records — particularly those involving multiple arrests, multiple counties, or borderline eligibility under the statute — consulting with an Illinois criminal defense attorney is a sound investment.
The Illinois Judicial Branch maintains standardized petition forms, which reduces the technical burden of the filing itself. The substantive work — identifying eligible records, determining waiting periods, and preparing a petition that accurately reflects the petitioner's history — is where careful preparation pays off.
The Illinois legislature's ongoing expansion of sealing and expungement eligibility, capped by the sweeping cannabis conviction expungement provisions of the Cannabis Regulation and Tax Act, reflects a growing recognition that keeping old criminal records accessible indefinitely imposes real costs on individuals and communities. Studies consistently show that expungement improves employment outcomes, increases earnings, and reduces recidivism — outcomes that benefit not just the individual petitioner but the broader public.
For the many Illinois residents who carry the weight of an old arrest or conviction, 20 ILCS 2630/5.2 represents a genuine legal pathway to relief. The process requires attention to eligibility rules, waiting periods, and procedural requirements, but for those who qualify, it offers the opportunity to clear their record and move forward without the shadow of a past encounter with the criminal justice system following them indefinitely.
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About this service
Fresh Start Expungement is a record-clearing services provider, not a law firm. We coordinate document preparation and filing for individuals seeking expungement. We do not provide legal advice or attorney representation. Complex or contested matters may require independent legal counsel.
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Results are not guaranteed. Eligibility and outcomes depend on state law, conviction type, court approval, and individual case circumstances. Past results do not guarantee future outcomes.
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