How do I expunge a criminal record in Illinois?

Q: How do I expunge a criminal record in Illinois?

Illinois record relief is governed by the Criminal Identification Act, 20 ILCS 2630/5.2 . 1. Two Remedies - Expungement : physical destruction of arrest and court records. Available primarily for arrests/charges not resulting in conviction, supervision (after waiting), and qualifying probation dispositions. - Sealing : records hidden from public/employer view but accessible to law enforcement and certain agencies. 2. Expungement Eligibility - Acquittals, dismissals, no charges filed. - Successful completion of court supervision (waiting period: 2 years after completion; 5 years for DUI-related supervision, which is generally not expungeable). - Qualified probation programs (TASC, Section 410, 710-1410, 532, drug court) after specified waiting period. 3. Sealing Eligibility - Most misdemeanor convictions and many Class 3 and 4 felony convictions. - Waiting period : 3 years after completion of last sentence (probation, supervision, or release). - Excluded : DUI, reckless driving (with limited exception), sex offenses, domestic battery, animal cruelty, and most violent offenses. 4. SB 1830 — Clean Slate (2023) - Provides automatic sealing of eligible misdemeanor and Class 3/4 felony convictions after the statutory waiting period without requiring a petition. - Phased implementation by Illinois State Police. 5. Cannabis Expungement - Under the Cannabis Regulation and Tax Act (410 ILCS 705) , arrests and convictions for possession of 30g or less are subject to automatic expungement by the Illinois State Police and the Governor's pardon authority. 6. Procedure - File Request to Expunge and/or Seal in the convicting court (Form provided by AOIC). - Filing fee varies by county (~$120, often waivable). - State's Attorney and ISP have 60 days to object. This is legal information, not legal advice.

Question

Accepted Answer

Illinois record relief is governed by the Criminal Identification Act, 20 ILCS 2630/5.2.

1. Two Remedies

Expungement: physical destruction of arrest and court records. Available primarily for arrests/charges not resulting in conviction, supervision (after waiting), and qualifying probation dispositions.

Sealing: records hidden from public/employer view but accessible to law enforcement and certain agencies.

2. Expungement Eligibility

Acquittals, dismissals, no charges filed.

Successful completion of court supervision (waiting period: 2 years after completion; 5 years for DUI-related supervision, which is generally not expungeable).

Qualified probation programs (TASC, Section 410, 710-1410, 532, drug court) after specified waiting period.

3. Sealing Eligibility

Most misdemeanor convictions and many Class 3 and 4 felony convictions.

Waiting period: 3 years after completion of last sentence (probation, supervision, or release).

Excluded: DUI, reckless driving (with limited exception), sex offenses, domestic battery, animal cruelty, and most violent offenses.

4. SB 1830 — Clean Slate (2023)

Provides automatic sealing of eligible misdemeanor and Class 3/4 felony convictions after the statutory waiting period without requiring a petition.

Phased implementation by Illinois State Police.

5. Cannabis Expungement

Under the Cannabis Regulation and Tax Act (410 ILCS 705), arrests and convictions for possession of 30g or less are subject to automatic expungement by the Illinois State Police and the Governor's pardon authority.

6. Procedure

File Request to Expunge and/or Seal in the convicting court (Form provided by AOIC).

Filing fee varies by county (~$120, often waivable).

State's Attorney and ISP have 60 days to object.

This is legal information, not legal advice.