What Crimes Can Be Expunged Or Sealed In Illinois?
A criminal record can continue affecting your life long after a case ends. An arrest, Misdemeanor, or Felony case may appear during a background check and raise concerns involving employment, housing, professional opportunities, or other important matters. Illinois law provides procedures for expunging or sealing many criminal records, but the two remedies are different, and eligibility depends heavily on how the case was resolved.
Some records can be cleared even when the underlying charge was serious, while certain convictions and dispositions remain specifically excluded under Illinois law. At Franks & Kelly P.C., Attorneys at Law, we help clients in Lake in the Hills, Algonquin, Huntley, Crystal Lake and throughout McHenry County understand what appears on their criminal records, determine which Illinois record-clearing options may apply, and take the appropriate steps toward limiting the continuing impact of the record of the arrest regarding an old criminal case.
What Is The Difference Between Expungement And Sealing In Illinois?
Illinois’ primary expungement and sealing law is found in 20 ILCS 2630/5.2, part of the Criminal Identification Act. Expungement generally provides broader relief than sealing because qualifying records are removed or destroyed by the Illinois State Police, arresting agency and Circuit Clerk as provided by the statute. Sealing keeps the records maintained but generally makes them unavailable to the public without a Court order, subject to statutory exceptions.
For many people, the most important question is not simply, “What crime was I charged with?” Instead, we must determine what happened to the charge. Was the case dismissed? Were you acquitted? Did you receive supervision? Was there a conviction? Were you sentenced to Conditional Discharge or Probation? Was the conviction later reversed or vacated? Those distinctions can determine whether expungement, sealing, or neither remedy is presently available.
What Criminal Records Can Be Expunged In Illinois?
Under 20 ILCS 2630/5.2(b), a person may generally petition to expunge the record of an arrest or charge when the case resulted in an acquittal, dismissal, release without charges, a sentence of Court Supervision was imposed, or a conviction that was later reversed or vacated, subject to statutory exclusions. Certain successfully completed orders of supervision and qualified probation may also qualify for expungement.
This means that the record of an arrest does not necessarily have to remain on your publicly accessible criminal history simply because police took you into custody. If prosecutors declined to charge the case, the charge was dismissed, or you were found not guilty, there may be a path toward expungement.
The waiting period depends on the disposition. Illinois law provides no waiting period for qualifying arrests resulting in an acquittal, dismissal, release without charging, or reversal or vacation of a conviction. Most qualifying supervision cases have a two-year waiting period after successful completion of the sentence, while certain forms of supervision require five years. Successfully completed qualified probation generally requires a five-year waiting period before expungement. 20 ILCS 2630/5.2(b)(2).
Can A Criminal Conviction Be Sealed In Illinois?
Illinois sealing law is considerably broader than many people realize. Under 20 ILCS 2630/5.2(c), records eligible for sealing can include arrests without charges, dismissed cases, acquittals, successfully completed supervision, municipal ordinance matters, certain first-offender probation dispositions, Misdemeanor convictions, and many Felony convictions that are not specifically excluded by law.
That last category is particularly important. A Felony conviction does not automatically prevent someone from obtaining record relief in Illinois. Many Felony convictions can potentially be sealed after the applicable waiting period.
Under the current statute, qualifying supervision records generally become eligible for sealing after two years. Qualifying conviction records generally become eligible three years after termination of the petitioner’s last sentence. Illinois law also contains an educational exception that may permit certain otherwise eligible records to be sealed upon completion of the last sentence when the petitioner earned specified educational or vocational credentials during the sentence or mandatory supervised release.
What Criminal Records Generally Cannot Be Expunged Or Sealed?
Illinois law specifically excludes several categories of cases from ordinary expungement or sealing eligibility. For example, 20 ILCS 2630/5.2(a)(3) generally prohibits expungement or sealing of supervision or convictions for DUI charges under 625 ILCS 5/11-501. The statute also restricts relief for sexual offenses committed against minors and certain reckless driving cases, although Illinois law now contains a limited exception involving certain Misdemeanor reckless driving cases committed before age 25 when statutory conditions are satisfied. Minor traffic offense records are also generally outside the normal expungement and sealing provisions.
Other records excluded from ordinary sealing include various sex offenses under Article 11 of the Criminal Code, subject to limited statutory exceptions; solicitation of a sexual act involving a minor; certain offenses involving child pornography, obscenity, and related conduct; domestic battery and aggravated domestic battery; violations of certain stalking or no-contact orders; specified Class A Misdemeanor and Felony offenses under the Humane Care for Animals Act; and offenses that would require registration under the Sex Offender Registration Act.
Because the exclusions are specific and have changed over time, we do not recommend assuming that a record cannot be sealed merely because it involves a Felony, violence, drugs, or another serious allegation. The exact statutory section, disposition, sentence, dates, and criminal history should be reviewed.
How Does The Illinois Expungement Or Sealing Process Work?
A petition ordinarily must be filed with the Circuit Court in the jurisdiction where the arrest occurred, or charges were filed. If a person has eligible cases in more than one jurisdiction, separate petitions may be required in those jurisdictions. 20 ILCS 2630/5.2(d) also requires specific information about each record being addressed.
The State’s Attorney, Illinois State Police, the Arresting Agency, and other designated authorities receive notice of the petition and may file objections. In certain drug-related Felony matters and qualified-probation expungement cases, the statute also requires proof of a qualifying drug test taken within 30 days before the petition is filed.
For someone with arrests or cases in McHenry County, Lake County, Kane County, or elsewhere in Illinois, reviewing the complete criminal history before filing a petition is important. A record that appears simple at first may involve multiple case numbers, different dispositions, or waiting periods triggered by another charge and sentence.
Frequently Asked Questions About Illinois Expungement And Record Sealing
Can I Expunge An Arrest If I Was Never Convicted?
Often, yes. Illinois law generally permits expungement when an arrest resulted in release without charges, dismissal, or acquittal, provided the record does not fall within a statutory exclusion. A conviction that was later reversed or vacated can also qualify for expungement under 20 ILCS 2630/5.2(b). In many of these situations, there is no statutory waiting period before an eligible person can file a petition.
We still review the entire record rather than assuming that an arrest disappeared when the case was dismissed. An arrest record and Court record can continue to exist even though there was never a conviction entered against the person.
Can I Seal A Felony Conviction In Illinois?
Many Felony convictions can be sealed. 20 ILCS 2630/5.2©(2)(F) expressly permits sealing of Felony conviction records unless the particular offense falls within one of the statutory exclusions. Qualifying conviction records generally become eligible three (3) years after termination of the petitioner’s last sentence.
The word “Felony” by itself, therefore, does not answer the eligibility question. We examine the specific offense, statutory section, disposition, completion date of the sentence, other criminal history, and any applicable exclusions before determining whether sealing may be available.
Can A DUI Be Expunged Or Sealed In Illinois?
A DUI sentence of supervision or conviction under 625 ILCS 5/11-501 generally cannot be expunged or sealed through the ordinary procedure in 20 ILCS 2630/5.2. The statute specifically identifies DUI charges among the exclusions.
This distinction can surprise people who successfully completed Court Supervision and were never formally convicted of DUI offense. Although successfully completing a sentence of Court Supervision for many other offenses may eventually qualify for expungement or sealing, a sentence of Court Supervision for a DUI charge is specifically treated differently under Illinois law.
Can Domestic Battery Be Sealed In Illinois?
Illinois law generally excludes records resulting in a conviction for Domestic Battery under 720 ILCS 5/12-3.2 and Aggravated Domestic Battery under 720 ILCS 5/12-3.3 from ordinary sealing. The exclusions appear in 20 ILCS 2630/5.2(a)(3).
However, the precise disposition matters. A person whose Domestic Battery charge was dismissed, or who was acquitted, is in a different legal position from someone who was convicted of the offense of Domestic Battery. We therefore review what happened in the case, rather than relying solely on the original charge appearing on a background report.
How Long Do I Have To Wait To Seal A Criminal Record In Illinois?
The waiting period depends on the disposition. Arrests resulting in release without charging and qualifying cases resulting in dismissal, acquittal, reversal, or vacation generally can be sealed without a waiting period. The arrest record regarding many charges, for which a person was sentenced to a period of Court Supervision, have a two-year waiting period, while qualifying conviction records generally have a three-year waiting period measured from termination of the petitioner’s last sentence. 20 ILCS 2630/5.2(c)(3).
Illinois also provides exceptions that can alter these timelines. Because the statute looks in some situations to the petitioner’s “last sentence,” a later case can affect when an older record becomes eligible for sealing.
Will A Sealed Record Completely Disappear?
No. Sealing and expungement are different remedies. Under 20 ILCS 2630/5.2, a sealed record continues to be physically and electronically maintained, and is available to law enforcement personnel, but is generally made unavailable to the public without a Court order, subject to statutory exceptions concerning access.
For many people, sealing can still provide significant practical value because the record is removed from ordinary public access. Certain government agencies and other entities authorized by Illinois law may continue to have access, which is why we explain both the benefits and limitations before proceeding.
What If I Have Criminal Cases In More Than One Illinois County?
You may need to file petitions in each jurisdiction where an arrest occurred, or charges were brought. 20 ILCS 2630/5.2(d)(1) specifically addresses situations involving records from multiple jurisdictions.
For example, someone may have one eligible case in McHenry County and another in Lake County or Kane County. We can review the records together, identify which cases may qualify, determine the applicable waiting periods, and address the filing requirements in each county.
Can The Prosecutor Object To My Expungement Or Sealing Petition?
Yes. Illinois law requires notice to designated agencies and permits objections to an expungement or sealing petition. The State’s Attorney, Illinois State Police, the Arresting Agency, and in certain instances, Municipal Prosecutors, and other authorities identified by statute can participate in the process. 20 ILCS 2630/5.2(d) establishes the petition, notice, and objection procedures.
An objection does not automatically mean the petition will be denied. It does mean the petition may require further legal argument and potentially a Hearing. We prepare petitions with the underlying case history and eligibility requirements in mind so the Court has an accurate picture of the relief being requested.
Do I Need An Attorney To Expunge Or Seal My Illinois Criminal Record?
Illinois law does not require everyone seeking expungement or sealing to hire a private Attorney, but determining eligibility can become complicated when there are multiple arrests, multiple convictions, multiple supervision dispositions, cases in different counties, or offenses that may fall within statutory exclusions.
We can obtain and review the relevant record, distinguish potentially expungable matters from sealable convictions, calculate applicable waiting periods, prepare the petition, respond to objections when necessary, and explain what the resulting order will and will not accomplish. That can be particularly valuable when an incorrect filing could create delay or when the criminal history is more complicated than a single dismissed case.
Speak With Franks & Kelly P.C. About Expungement And Record Sealing In Illinois
The record of an old arrest or conviction should be evaluated based on the actual Illinois record-clearing laws rather than assumptions about what can or cannot be removed from public view. At Franks & Kelly P.C., Attorneys at Law, we work closely with our clients to review their criminal histories, explain their legal options, and help them make informed decisions about pursuing expungement or sealing.
If you want to determine whether the record of an arrest, Misdemeanor charge, Felony charge, sentence of Court Supervision, conviction, or other Illinois criminal record may qualify for expungement or sealing, call the expungement attorneys at Franks & Kelly, P.C., Attorneys at Law, at 847-854-7700 to schedule a confidential consultation.