Expungement and Sealing Criminal Records in Illinois
Guide last updated: April 17, 2026. Hazard class: employment and housing outcomes. Civic education by a Concerned Parent.
The short version
Illinois allows people to clear many criminal records through expungement (record is physically destroyed or returned) or sealing (record exists but is hidden from most public and private background checks). Eligibility depends on the type of offense, the disposition, and waiting periods. Free legal help is available. If your record is eligible, clearing it can transform access to housing, employment, education, and occupational licensing.
Expungement vs sealing
Expungement
The record is physically destroyed or returned. The record no longer exists. Available for:
- Arrests that did not result in conviction (acquittals, dismissals, nolle prossed, no-bill, SOL)
- Certain supervision and qualified probation dispositions after the statutory waiting period
- Juvenile records (broader rules apply)
Sealing
The record exists but is generally hidden from public view, including most employer background checks (with exceptions). Available for:
- Most misdemeanor convictions (after waiting period)
- Many felony convictions (after waiting period, with exceptions)
- Certain Class 4 drug possession felonies
What sealing does NOT hide
- Law enforcement access
- Court access
- Access for certain licensed occupations (nursing, teaching, law, banking, etc.)
- Federal background checks (FBI records)
What cannot be sealed or expunged
- Convictions for sex offenses (with very narrow exceptions)
- Convictions for DUI
- Domestic battery convictions
- Driving-related offenses (with narrow exceptions)
- Convictions resulting in registration requirements
- Certain specified serious felonies
Waiting periods for sealing
Waiting periods for sealing most convictions are calculated from the completion of the sentence (including any supervision, probation, or parole):
- Most misdemeanors — 3 years after completion
- Most Class 4 and Class 3 felonies — 3 years after completion
- Class 2 felonies (where sealable) — 3 years after completion
- Most supervision/qualified probation dispositions — immediately upon successful completion in some cases; otherwise 2-3 years
Certain offenses have longer waiting periods. A few offenses that were previously not sealable have become sealable through recent Illinois legislation — check current eligibility.
How to file
Step 1 — Get your RAP sheet
Order your "Access and Review" document from the Illinois State Police (free; available online or by mail). This shows everything on your Illinois criminal record. Review carefully for errors.
Step 2 — Determine eligibility
For each entry on your record, determine whether it is eligible for expungement, sealing, or neither. Illinois Legal Aid Online has a free eligibility tool. Cabrini Green Legal Aid and New Leaf Illinois run free clinics.
Step 3 — File petition(s)
File a petition in the county where the case was prosecuted. You'll need:
- Case number for each eligible case
- Court location
- Disposition details
- Filing fee (typically $120 per petition, with waivers available)
Step 4 — Serve parties
The prosecutor (State's Attorney), Illinois State Police, and local police department must be served. Specific rules apply to service.
Step 5 — Hearing
If objections are filed, a hearing is held. The court considers the petition on the merits. Many petitions are unopposed and granted without a hearing.
Step 6 — Order and destruction/sealing
If granted, the court issues an order. Expungement orders direct destruction of records; sealing orders direct that records be sealed. Completion takes several months as agencies process the order.
Juvenile records
Illinois has broader rules for juvenile records, including automatic expungement of certain juvenile dispositions. The Illinois Automatic Juvenile Expungement Program processes eligible records without petition. Serious juvenile dispositions, though, may require petition.
What happens after expungement or sealing
- After expungement: The record no longer exists. You can legally answer "no" to "have you ever been arrested" for the expunged case. Some specialized applications (certain professional licenses, security clearances, firearm purchases) may still require disclosure — check the specific application.
- After sealing: The record is hidden from most background checks, but still accessible for certain purposes. You can generally answer "no" to employment questions about convictions (under the Illinois Job Opportunities for Qualified Applicants Act and sealing rules), but specific licensed occupations may require disclosure.
Collateral consequences
Even after sealing, some impacts may remain:
- Federal immigration consequences — sealed records are still accessible to federal immigration authorities
- Federal firearm prohibitions from disqualifying convictions remain
- Sex-offender registration requirements (for applicable convictions) continue
- Professional license applications often require disclosure
For immigration-impacted defendants: consult an immigration attorney about whether expungement/sealing will help with immigration consequences. For some offenses, expungement reduces certain risks; for others, it has no effect at federal immigration level.
Free legal help
- Cabrini Green Legal Aid — free monthly expungement/sealing help clinics. cgla.net
- New Leaf Illinois — records-clearing help for Illinois cannabis-related convictions, now expanded. newleafillinois.org
- Illinois Legal Aid Online — free automated eligibility tool, illinoislegalaid.org
- Chicago Legal Clinic — also runs record-clearing help
- Legal Aid Chicago — 312-341-1070
- North Suburban Legal Aid Clinic — for north-suburban residents
- Land of Lincoln Legal Aid — serves downstate Illinois