Question 1

Can you get a criminal record expunged in Illinois?

Accepted Answer

Illinois offers "expungement" (records destroyed or returned and the name removed from official indexes; court files are impounded) and "sealing" (records kept but impounded and the name removed from the clerk's public index). Expungement is mostly for cases that did not end in conviction or ended in completed supervision or qualified probation. Sealing is available for most misdemeanor and felony convictions after a waiting period. Minor cannabis records have special automatic expungement and pardon processes, juvenile records are often expunged automatically, and a governor's pardon that authorizes expungement allows the conviction to be expunged.

Question 2

Can you clear an arrest or dismissed charge in Illinois?

Accepted Answer

Arrests and charges that ended in acquittal, dismissal, release without charging, or a conviction that was reversed or vacated can be expunged with no waiting period, and can also be sealed at any time. A petition may be filed 61 days before the expected dismissal at the end of a problem-solving court or diversion program. Minor traffic offenses cannot be expunged or sealed unless the person was released without charging.

Question 3

Can a misdemeanor be expunged in Illinois?

Accepted Answer

A successfully completed order of supervision can be expunged two years after it ends (five years for certain listed offenses), and a completed qualified probation after five years. Misdemeanor convictions, and convictions with completed probation or conditional discharge, can be sealed two years after the end of the person's last sentence. Not eligible for sealing or expungement: supervision or convictions for DUI, sexual offenses against minors, and certain other listed offenses; and not eligible for sealing: most Article 11 sex offenses, domestic battery, and certain other listed violent or abuse offenses, Class A misdemeanor animal cruelty, and offenses requiring sex-offender registration. A court may not deny sealing because of unpaid fines or fees (other than restitution).

Question 4

Can a felony be expunged in Illinois?

Accepted Answer

Most felony convictions can be sealed three years after the end of the person's last sentence, or immediately at the end of the sentence if the person earned a high school diploma, GED, associate's or bachelor's degree, or career or vocational certificate while serving the sentence or supervised release. Felonies with completed probation or conditional discharge can be sealed after two years. Convictions requiring arsonist, sex offender, or violent offender against youth registration cannot be sealed while registration is required, and the sealing exclusions for sex offenses, domestic battery and certain other offenses apply. Felony convictions generally cannot be expunged unless pardoned with authorization to expunge.

Question 5

Does Illinois have automatic record clearing (clean slate)?

Accepted Answer

Partly, and more is coming. Law enforcement has automatically expunged arrest and supervision records for minor cannabis offenses committed before June 25, 2019 where no charges were filed or charges were dismissed. Many juvenile law enforcement and court records are expunged automatically. Under the law's automatic sealing provision, beginning January 1, 2029 the Illinois State Police are to identify and automatically seal eligible records without a petition, with older records on a schedule running into the early 2030s.

Question 6

Can a DUI be expunged in Illinois?

Accepted Answer

No. The court may not seal or expunge records of supervision or conviction for DUI (Illinois Vehicle Code § 11-501). A narrow exception allows supervision for a misdemeanor violation of § 11-503(a) (reckless driving) committed before age 25, with no other DUI or reckless driving conviction, to be cleared once the person reaches 25.

Question 7

How do you seal a juvenile record in Illinois?

Accepted Answer

Law enforcement must automatically expunge, each year, juvenile law enforcement records of events before age 18 when a year has passed since the arrest, no delinquency petition or criminal charge was filed, and there was no new arrest within six months. When a delinquency petition is dismissed, the minor is found not delinquent, supervision is successfully completed, or an adjudication for a Class B or C misdemeanor or petty offense ends successfully, the court must automatically order expungement of juvenile court and law enforcement records, which must be completed within 60 business days. Other juvenile records may be expunged by petition under the Juvenile Court Act.

Question 8

How do you file for expungement in Illinois?

Accepted Answer

File a verified petition with the circuit court clerk in each county where the arrests occurred or charges were brought, listing each case number, arrest date and arresting agency (attach any Prisoner Review Board certificate of eligibility for sealing). The clerk serves the State's Attorney, the Illinois State Police, the arresting agency and, for ordinance violations, the local government's attorney. They have 60 days to object in writing; if no objection is filed, the court rules on the petition, and if one is filed, the court sets a hearing with at least 30 days' notice. At sentencing or disposition, the court must tell the person about the right to seal eligible records.

Question 9

How much does expungement cost in Illinois?

Accepted Answer

The petitioner pays the applicable filing fee, which the circuit clerk sets to cover its costs; the Illinois State Police may also charge a fee equal to its processing cost. No fee is required if the petitioner gets a court order waiving fees under Supreme Court Rule 298 or the fee is otherwise waived.

Question 10

What happens after a record is expunged or sealed in Illinois?

Accepted Answer

Expunged records are physically destroyed or returned and the person's name is removed from official indexes; court files are impounded rather than destroyed. Sealed records are kept but impounded, and the person's name is removed from the clerk's public index; the clerk still provides disposition information to the Illinois State Police. Agencies respond to inquiries about expunged records as they would if no record existed. Immigration authorities may treat sealed or expunged records differently.

Question 11

How do you get a pardon in Illinois?

Accepted Answer

The governor grants pardons. A person whose pardon specifically authorizes expungement may petition the circuit court to expunge the arrest records and seal the court clerk's and State Police records of the pardoned conviction, and no objection may be filed to that petition. For minor cannabis convictions, the Prisoner Review Board reviews eligible records identified by the State Police and makes recommendations to the governor on pardons authorizing expungement.

Question 12

Can old marijuana convictions be cleared in Illinois?

Accepted Answer

Law enforcement was required to automatically expunge records of arrests, uncharged or dismissed cases, supervision and qualified probation for minor cannabis offenses committed before June 25, 2019, on a schedule ending January 1, 2025. For minor cannabis convictions without a penalty enhancement and not tied to a violent crime, the State Police identified the records for the Prisoner Review Board, which makes recommendations to the governor on pardons authorizing expungement.

Question 13

How do I check my own criminal record in Illinois?

Accepted Answer

The Illinois State Police Bureau of Identification provides your own Illinois criminal history through the Access and Review process: go during business hours to any Illinois law enforcement or correctional facility or a licensed fingerprint vendor, which takes your fingerprints and identification and sends them to ISP. ISP mails your transcript (or a no-record statement) to you or to the facility (documents not picked up within 45 days are destroyed), together with a Record Challenge form for disputing errors; ISP responds to challenges in writing. ISP charges no fee for Access and Review or Record Challenge, but the fingerprinting agency may charge a processing fee. ISP lists FBI requests separately.

What relief the state offers	Illinois offers "expungement" (records destroyed or returned and the name removed from official indexes; court files are impounded) and "sealing" (records kept but impounded and the name removed from the clerk's public index). Expungement is mostly for cases that did not end in conviction or ended in completed supervision or qualified probation. Sealing is available for most misdemeanor and felony convictions after a waiting period. Minor cannabis records have special automatic expungement and pardon processes, juvenile records are often expunged automatically, and a governor's pardon that authorizes expungement allows the conviction to be expunged. Source: 20 ILCS 2630/5.2(a)(1), (b), (c), (e), (i); 705 ILCS 405/5-915
Arrests and dismissed charges	Arrests and charges that ended in acquittal, dismissal, release without charging, or a conviction that was reversed or vacated can be expunged with no waiting period, and can also be sealed at any time. A petition may be filed 61 days before the expected dismissal at the end of a problem-solving court or diversion program. Minor traffic offenses cannot be expunged or sealed unless the person was released without charging. Source: 20 ILCS 2630/5.2(b)(1), (b)(2)(A), (A-5), (c)(3)(A), (a)(3)(B)
Misdemeanor convictions	A successfully completed order of supervision can be expunged two years after it ends (five years for certain listed offenses), and a completed qualified probation after five years. Misdemeanor convictions, and convictions with completed probation or conditional discharge, can be sealed two years after the end of the person's last sentence. Not eligible for sealing or expungement: supervision or convictions for DUI, sexual offenses against minors, and certain other listed offenses; and not eligible for sealing: most Article 11 sex offenses, domestic battery, and certain other listed violent or abuse offenses, Class A misdemeanor animal cruelty, and offenses requiring sex-offender registration. A court may not deny sealing because of unpaid fines or fees (other than restitution). Source: 20 ILCS 2630/5.2(a)(3), (b)(2)(B)-(C), (c)(2)(C)-(E), (c)(3)(B), (d)(6)(C)
Felony convictions	Most felony convictions can be sealed three years after the end of the person's last sentence, or immediately at the end of the sentence if the person earned a high school diploma, GED, associate's or bachelor's degree, or career or vocational certificate while serving the sentence or supervised release. Felonies with completed probation or conditional discharge can be sealed after two years. Convictions requiring arsonist, sex offender, or violent offender against youth registration cannot be sealed while registration is required, and the sealing exclusions for sex offenses, domestic battery and certain other offenses apply. Felony convictions generally cannot be expunged unless pardoned with authorization to expunge. Source: 20 ILCS 2630/5.2(c)(2)(D), (F); (c)(3)(B), (C), (E); (a)(3)
DUI / DWI convictions	No. The court may not seal or expunge records of supervision or conviction for DUI (Illinois Vehicle Code § 11-501). A narrow exception allows supervision for a misdemeanor violation of § 11-503(a) (reckless driving) committed before age 25, with no other DUI or reckless driving conviction, to be cleared once the person reaches 25. Source: 20 ILCS 2630/5.2(a)(3)(A)(ii)-(iii), (b)(2)(B)(i-5)
Juvenile records	Law enforcement must automatically expunge, each year, juvenile law enforcement records of events before age 18 when a year has passed since the arrest, no delinquency petition or criminal charge was filed, and there was no new arrest within six months. When a delinquency petition is dismissed, the minor is found not delinquent, supervision is successfully completed, or an adjudication for a Class B or C misdemeanor or petty offense ends successfully, the court must automatically order expungement of juvenile court and law enforcement records, which must be completed within 60 business days. Other juvenile records may be expunged by petition under the Juvenile Court Act. Source: 705 ILCS 405/5-915(0.1), (0.2)
Past marijuana convictions	Law enforcement was required to automatically expunge records of arrests, uncharged or dismissed cases, supervision and qualified probation for minor cannabis offenses committed before June 25, 2019, on a schedule ending January 1, 2025. For minor cannabis convictions without a penalty enhancement and not tied to a violent crime, the State Police identified the records for the Prisoner Review Board, which makes recommendations to the governor on pardons authorizing expungement. Source: 20 ILCS 2630/5.2(i)(1)-(2)

How to apply	File a verified petition with the circuit court clerk in each county where the arrests occurred or charges were brought, listing each case number, arrest date and arresting agency (attach any Prisoner Review Board certificate of eligibility for sealing). The clerk serves the State's Attorney, the Illinois State Police, the arresting agency and, for ordinance violations, the local government's attorney. They have 60 days to object in writing; if no objection is filed, the court rules on the petition, and if one is filed, the court sets a hearing with at least 30 days' notice. At sentencing or disposition, the court must tell the person about the right to seal eligible records. Source: 20 ILCS 2630/5.2(c)(5), (d)(1)-(7)
Filing fee	The petitioner pays the applicable filing fee, which the circuit clerk sets to cover its costs; the Illinois State Police may also charge a fee equal to its processing cost. No fee is required if the petitioner gets a court order waiving fees under Supreme Court Rule 298 or the fee is otherwise waived. Exact amounts vary by county and were not confirmed. Source: 20 ILCS 2630/5.2(d)(1) and fee provisions
Automatic (clean slate) relief	Partly, and more is coming. Law enforcement has automatically expunged arrest and supervision records for minor cannabis offenses committed before June 25, 2019 where no charges were filed or charges were dismissed. Many juvenile law enforcement and court records are expunged automatically. Under the law's automatic sealing provision, beginning January 1, 2029 the Illinois State Police are to identify and automatically seal eligible records without a petition, with older records on a schedule running into the early 2030s. Source: 20 ILCS 2630/5.2(i)(1), (k); 705 ILCS 405/5-915
Getting a copy of your criminal record	The Illinois State Police Bureau of Identification provides your own Illinois criminal history through the Access and Review process: go during business hours to any Illinois law enforcement or correctional facility or a licensed fingerprint vendor, which takes your fingerprints and identification and sends them to ISP. ISP mails your transcript (or a no-record statement) to you or to the facility (documents not picked up within 45 days are destroyed), together with a Record Challenge form for disputing errors; ISP responds to challenges in writing. ISP charges no fee for Access and Review or Record Challenge, but the fingerprinting agency may charge a processing fee. ISP lists FBI requests separately. Source: Illinois State Police, Bureau of Identification, What's on My Record

Illinois Expungement Laws: How to Clear or Seal a Criminal Record

Quick answers for Illinois

Who qualifies

How to apply

After your record is cleared

Where to get help in Illinois

Expungement & Criminal Records FAQ

More Illinois law