Expungement & Sealing of Criminal Records in Illinois
Your past doesn't have to define your future. Illinois law allows many criminal records to be expunged (destroyed) or sealed (hidden from most searches). At Stavros Law Offices, we help clients clear their records and get the fresh start they deserve.
Expungement vs. Sealing
| Expungement | Sealing |
|---|---|
|
Records are destroyed |
Records still exist but are hidden |
|
Completely erased |
Law enforcement can still access |
|
Legally, it "never happened" |
Hidden from most background checks |
|
More limited eligibility |
Broader eligibility |
What Can Be Expunged?
The following are eligible for expungement:
- Arrests without charges filed
- Charges dismissed (nolle prosequi, stricken with leave to reinstate that expired)
- Acquittals (found not guilty)
- Supervision (after completion and waiting period)
- Qualified probation (first offender probation under certain statutes)
- Vacated convictions (set aside by court)
- Pardoned offenses (executive clemency with authorization)
- Cannabis convictions (amounts now legal under legalization reforms)
What Can Be Sealed?
Many offenses that cannot be expunged can be sealed:
- Most misdemeanor convictions
- Most Class 3 and 4 felony convictions
- Some Class 2 felony convictions
- Prostitution convictions (with exceptions)
What Cannot Be Expunged or Sealed?
Certain offenses are not eligible for expungement or sealing:
- DUI convictions
- Reckless driving convictions
- Domestic battery convictions
- Sex offenses requiring registration
- Class 1 and Class X felonies (with limited exceptions)
- Most violent offenses
- Animal torture and cruelty
- Offenses against minors
Waiting Periods
| Type of Record | Waiting Period |
|---|---|
|
Arrests without charges |
Immediately eligible |
|
Dismissed charges / Acquittal |
Immediately eligible |
|
Supervision (most offenses) |
2 years after completion |
|
Supervision (certain offenses with treatment) |
5 years after completion |
|
Misdemeanor conviction (sealing) |
3 years after completion |
|
Felony conviction (sealing) |
3 years after completion |
|
Prostitution conviction |
Immediately after completion |
The Expungement/Sealing Process
- Obtain criminal history: Get your official rap sheet from Illinois State Police
- Determine eligibility: Review each entry for expungement or sealing eligibility
- Prepare petition: File petition in the court where case was heard
- Serve notice: Notify State's Attorney and arresting agencies
- Wait for objections: Agencies have 60 days to object
- Hearing (if needed): If objections filed, court holds hearing
- Order entered: If granted, court orders expungement or sealing
- Records processed: Agencies destroy or seal records (can take months)
Certificate of Eligibility for Sealing (CES)
Before petitioning to seal certain felonies, you must obtain a Certificate of Eligibility for Sealing from the Prisoner Review Board. This requires:
- Application and fee
- Proof of rehabilitation
- Background check
- Waiting period
Immediate Sealing
Illinois has expanded immediate sealing for certain offenses:
- Cases ending in acquittal or dismissal
- Certain non-violent offenses
- Orders can be entered at the time of disposition
Cannabis Expungement
Illinois legalization included special expungement provisions for cannabis offenses:
- Automatic expungement: Possession of 30 grams or less
- Petition-based: Larger amounts that are now legal
- Pardons: Governor issued mass pardons for certain offenses
Benefits of Clear Records
Expunging or sealing your record can help with:
- Employment: Pass background checks, expand job opportunities
- Housing: Qualify for more rental applications
- Education: Apply for schools and financial aid
- Professional licenses: Remove barriers to licensure
- Immigration: Remove some obstacles (consult immigration attorney)
- Peace of mind: Move on from past mistakes
Frequently Asked Questions
Can I say I was never arrested/convicted after expungement?
For most purposes, yes. After expungement, you can legally answer "no" to questions about arrests or convictions on private employment, housing, and similar applications. Some government applications require disclosure regardless.
Will expunged records still show up on background checks?
They shouldn't, but some private databases don't update promptly. If old records appear, you can provide the expungement order and demand correction.
Can I expunge records from other states?
No. Each state handles its own records. You must petition in the state where the case occurred.
What if I have multiple records?
You can petition to expunge or seal multiple records in one filing if they're in the same county. Different counties require separate petitions.
How long does the process take?
From filing to final processing, typically 3–6 months. Complex cases or contested petitions may take longer.
Get the Fresh Start You Deserve
Don't let past mistakes hold you back. At Stavros Law Offices, we help clients navigate the expungement and sealing process to clear their records and move forward with their lives.
📞 Call (847) 520-4810
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