Expungement and Sealing Your Criminal Record in Illinois

If you have a criminal record in Illinois, two forms of relief may be available to you: expungement and sealing. They sound similar, but they work very differently — and knowing the distinction is the first step toward deciding which path makes sense for your situation.

Expungement means the records are physically destroyed or returned to you. Once a record is expunged, it is as if the arrest or charge never happened. Law enforcement agencies, courts, and most employers conducting background checks will find nothing. Illinois law governing expungement is found primarily at 20 ILCS 2630/5.2.

Sealing is a step down from expungement. A sealed record is hidden from public view — meaning most employers, landlords, and members of the general public cannot see it. However, law enforcement agencies, prosecutors, and certain licensed occupations can still access sealed records. The record still exists; it is simply restricted.

Think of it this way: expungement takes the record off the shelf and shreds it. Sealing puts it in a locked room that only certain authorized people can enter.

Both forms of relief require you to file a petition with the circuit court in the county where your case was handled. They are not automatic — you must take affirmative steps to apply. And critically, not every offense qualifies for either form of relief. Illinois law draws careful distinctions based on offense type, the outcome of your case, and the amount of time that has passed since the case closed.

Illinois expungement eligibility is largely tied to what happened in your case, not just what you were charged with.

Cases most commonly eligible for expungement include:

• Arrests with no charges filed. If you were arrested but the State's Attorney declined to prosecute, that arrest record can often be expunged.
• Charges that were dismissed. If your case was dismissed — whether after completing supervision, by court order, or by the prosecutor's motion — expungement may be available.
• Acquittals. If you went to trial and were found not guilty, the arrest and charge records are generally eligible.
• Successful completion of certain supervision or diversion programs. Illinois law allows expungement for many cases where the defendant completed court supervision (not probation) without a conviction being entered.
• Specific misdemeanor convictions under expanded legislation, including many first-time, low-level offenses.

Waiting periods matter. Illinois law requires that a certain amount of time pass after your case closes before you can petition. The waiting period depends on the type of disposition — for example, arrests with no charges and acquittals often have shorter waiting periods than cases resolved through supervision. Rather than citing a specific number of months that could change, always verify current waiting periods directly in the statute at 20 ILCS 2630/5.2 or by consulting the Illinois courts website.

A note on Cannabis convictions: Illinois has specific provisions for expunging certain cannabis-related offenses following the legalization of recreational marijuana under the Cannabis Regulation and Tax Act. The Illinois State Police and the Governor's office have worked to process many of these automatically, but individuals with eligible convictions can also petition on their own.

What cannot be expunged? Illinois law is explicit that certain convictions are never eligible for expungement, regardless of how much time has passed. These include:

• Most felony convictions (with limited statutory exceptions)
• DUI convictions (720 ILCS 5/11-501)
• Sex offenses that require registration under the Sex Offender Registration Act
• Domestic battery convictions
• Crimes of violence as defined under Illinois law

If your case resulted in a conviction for one of these offenses, expungement is generally off the table — but sealing may still be an option worth exploring.

Sealing has a broader reach than expungement. Illinois expanded its sealing statute significantly over the past decade, and many people who cannot expunge their records may still be able to seal them.

Sealing is generally available for:

• Most misdemeanor convictions, including Class A and Class B misdemeanors, after the applicable waiting period
• Many felony convictions, including Class 1, Class 2, Class 3, and Class 4 felonies — though there are important exceptions
• Cases resulting in supervision where the offense is not on the excluded list
• Arrests and charges that did not result in conviction, similar to expungement

Offenses that cannot be sealed include many of the same categories that cannot be expunged:

• DUI convictions (any disposition)
• Sex offenses requiring registration
• Domestic battery and certain other domestic violence offenses
• Crimes against children
• Dog fighting and related animal cruelty offenses listed in the statute
• Any offense for which the person is required to register as a sex offender or violent offender

Even when an offense is technically sealable, other convictions on your record can affect eligibility. Under Illinois law, if you have a conviction for an offense that is not sealable, that conviction can block you from sealing other eligible offenses on the same record. This is one reason it is important to get a full picture of your complete criminal history before assuming everything qualifies.

Waiting periods for sealing are also defined in the statute and are generally measured from the date your sentence is completed — meaning the end of any probation, conditional discharge, or mandatory supervised release. As with expungement, check 20 ILCS 2630/5.2 for the current waiting periods, as the legislature has amended the statute over the years.

Practical effect of sealing for employment: While sealed records are hidden from most private employers, Illinois law does allow certain employers to access them. These include law enforcement agencies, the military, schools, healthcare providers, and other employers with statutory authority to conduct more thorough background checks. If you work in or are applying to one of these fields, sealed records may still come up.

The petition process in Illinois runs through the circuit court of the county where your case was heard. For the vast majority of Chicago residents and many surrounding suburban communities, that means the Circuit Court of Cook County — the largest unified court system in the United States, handling an enormous volume of record relief petitions every year.

Here is a general overview of how the process works:

1. Obtain your criminal history. Before you file anything, you need to know exactly what is on your record. You can request your Illinois criminal history from the Illinois State Police (ISP), which maintains the state's official criminal history repository. The ISP's website at isp.illinois.gov explains how to request your record. Cook County residents may also want to pull their local court records from the Circuit Court of Cook County's case management system at cookcountycourt.org.

2. Determine eligibility. Review your record against the criteria in 20 ILCS 2630/5.2. This step can be complex if you have multiple cases or a mix of convictions and non-convictions. Many Illinois residents seek help from a criminal defense attorney or a legal aid organization during this stage.

3. Prepare and file the petition. Illinois courts have standardized petition forms. In Cook County, petitions for expungement and sealing are filed with the Clerk of the Circuit Court of Cook County. There is a filing fee, though fee waivers are available for those who qualify based on income. Check with the Clerk's office for current fee information, as fees are subject to change.

4. Serve notice. After filing, you are required to serve notice of the petition on the Cook County State's Attorney's Office and the arresting agency (for example, the Chicago Police Department or the Cook County Sheriff). These agencies have the right to object to your petition.

5. Attend the hearing. If no objections are filed, many Cook County judges will rule on expungement and sealing petitions without requiring your personal appearance. If an objection is filed — most commonly by the State's Attorney — a hearing will be scheduled where you or your attorney can respond.

6. Order and compliance. If the judge grants your petition, a court order is issued directing all relevant agencies to expunge or seal the records. This order must be sent to the Illinois State Police, local law enforcement agencies, and the Illinois courts. Full compliance — meaning the records are actually purged from all relevant databases — can take several months after the order is entered.

Cook County Legal Aid Resources: Several nonprofit organizations in Cook County offer free or low-cost assistance with expungement and sealing petitions, and the Circuit Court periodically hosts expungement clinics. The Cook County Public Defender's office may also be a resource for those who previously had a public defender on their case. Check the Circuit Court's official website at cookcountycourt.org for current clinic schedules and self-help resources.

Winning your expungement or sealing petition is a significant milestone, but it helps to have realistic expectations about what happens next.

What changes after expungement:

• Most private employers conducting standard background checks will find no record of the arrest or charge
• Landlords using consumer reporting agencies will generally see nothing
• You can legally answer "no" on most private employment applications that ask whether you have been arrested or convicted — though the exact language of the question matters
• The record is removed from public court databases

What changes after sealing:

• Most public-facing background checks return no results
• You have the same right as with expungement to deny the existence of the record on most private job applications
• The record is no longer visible in court case search systems to general members of the public

What does NOT change, even after expungement or sealing:

• Federal records: Illinois courts cannot order federal agencies to expunge records. If your case involved federal charges, a separate federal process applies.
• Certain licensing boards: Some Illinois professional licensing bodies have statutory authority to consider underlying conduct even if the record has been expunged or sealed. This varies significantly by profession.
• Immigration consequences: Expungement or sealing under state law does not erase a conviction for federal immigration purposes. Non-citizens facing charges should always consult an attorney about immigration consequences before resolving a case.
• Future criminal proceedings: A sealed or expunged record may still be considered by a court in future sentencing if the case is discovered.
• The FBI's national database: The Illinois State Police will notify the FBI when a record is expunged, but federal database updates are not always immediate or complete.

Illinois law protects your right to deny the record in most contexts once relief is granted. However, certain government agencies and licensed professions are carved out by statute. If you are applying for a position that involves one of these exceptions, be honest and consult with an attorney about how your situation will be evaluated.

Record relief in Illinois is not a one-size-fits-all process, and the stakes are high enough that preparation matters. Here are practical steps anyone considering expungement or sealing should take:

Pull your official criminal history first. Do not rely on memory or an informal online search. The Illinois State Police maintains the authoritative criminal history record. Instructions for requesting your personal history are available at isp.illinois.gov. This gives you a complete, official picture of what is actually on your record before you invest time and money in a petition.

Read the statute. The Illinois Criminal Identification Act — codified at 20 ILCS 2630/5.2 — is publicly available through the Illinois General Assembly's website at ilga.gov. It is detailed and has been amended multiple times, so look at the current version. Understanding the basic framework of the law helps you have more productive conversations with attorneys or court clerks.

Explore self-help resources at the Circuit Court. The Circuit Court of Cook County's website at cookcountycourt.org provides self-help information, forms, and information about expungement clinics. These clinics are free events where volunteers help residents determine eligibility and complete their petitions.

Consider legal assistance. While some people successfully navigate the process on their own, the eligibility analysis can be genuinely complicated — especially if your record spans multiple counties, includes both convictions and non-convictions, or involves offenses that fall into gray areas of the statute. A criminal defense attorney familiar with Cook County court procedures can help you avoid mistakes that delay or derail your petition.

Be patient with the timeline. From the day you file to the day the last agency updates its records in compliance with a court order, the full process takes time. Filing itself, serving notice, waiting for the objection period to pass, attending a hearing if needed, and then waiting for agency compliance — all of this can stretch across many months. Plan accordingly.

Stay organized. Keep copies of everything: your petition, proof of service on the State's Attorney and arresting agencies, any court orders, and any correspondence from the Illinois State Police confirming compliance. If a future employer or landlord finds a record that should have been removed, having your documentation ready helps you address the issue quickly.

A criminal record does not have to define your future. Illinois law provides meaningful tools for people who have moved past their legal history, and the state has continued to expand access to those tools in recent years. Understanding how the system works is the first step toward using it.