Expunging a Criminal Record in Illinois (2026)
Reviewed by DocDraft Legal Team · Illinois · Last updated August 19, 2026
Illinois offers two distinct remedies under 20 ILCS 2630/5.2, and choosing the wrong one wastes a filing fee. Expungement physically destroys or returns records and is mainly for arrests that did not lead to conviction, dismissals, acquittals, and sentences of court supervision or qualified probation after a waiting period. Sealing hides a record from most public view but keeps it visible to law enforcement, and it is the remedy available for many misdemeanor and felony convictions, generally three years after you complete your sentence. Illinois also automatically expunges minor cannabis offenses through the Illinois State Police. You file in the Circuit Court of the county where the arrest or case occurred.
Find out where you stand in Illinois
What are you trying to clear?
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What record-clearing relief does Illinois offer and what is it called?
Illinois provides two remedies under 20 ILCS 2630/5.2. Expungement destroys or returns records and applies mainly to arrests, dismissals, acquittals, and sentences of supervision or qualified probation. Sealing hides a record from public view but not from law enforcement, and it is the remedy for most convictions in Illinois.
Can you expunge a conviction in Illinois, or only seal it?
Most Illinois convictions cannot be expunged; they can only be sealed under 20 ILCS 2630/5.2. Expungement is reserved for non-convictions, acquittals, dismissals, and sentences of court supervision or qualified probation. If you were actually convicted of a misdemeanor or eligible felony, sealing is generally the only relief available in Illinois.
Can you seal a felony conviction in Illinois?
Yes, many felony convictions can be sealed in Illinois, but not all. Sealing is broadly available for misdemeanors and eligible Class 3 and Class 4 felony convictions after a three-year wait, and additional felonies qualify. Excluded offenses include DUI, most sex offenses, domestic battery, and animal cruelty, which cannot be sealed.
Does Illinois have automatic clean-slate or cannabis sealing?
Illinois has no general automatic clean-slate sealing for all convictions; most relief requires a petition. However, under the Cannabis Regulation and Tax Act, the Illinois State Police automatically expunge minor cannabis offenses involving under 30 grams that did not result in conviction. Larger cannabis amounts require a petition to vacate and expunge.
What is the waiting period to clear a record in Illinois, by offense class?
Expungement of a dismissal or acquittal has no wait. Court supervision is expungeable two years after completion, five years for certain offenses. Qualified probation is expungeable after five years. Sealing of eligible convictions and first-offender or 410 probation is available three years after you complete your last sentence.
Illinois Expungement Versus Sealing Under 20 ILCS 2630/5.2
Illinois record relief runs through a single statute, 20 ILCS 2630/5.2, but splits into two very different remedies, and confusing them is the most common mistake. Expungement physically destroys or returns the record so it no longer exists in public or state repositories, and it is available for arrests that did not lead to charges, cases dismissed or ending in acquittal or release without charging, and sentences of court supervision or qualified probation. Non-convictions can be expunged immediately, court supervision two years after successful completion (five years for offenses such as domestic battery and certain sexual and insurance offenses), and qualified probation such as 710-1410 drug probation or TASC five years after completion. Sealing is different: it hides the record from most employers and the public but leaves it visible to law enforcement, the courts, and certain licensing bodies. Sealing is the remedy for actual convictions, and it covers most misdemeanors and eligible Class 3 and Class 4 felony convictions three years after the completion of the last sentence. Categorically excluded from sealing are DUI, most sex offenses, domestic battery, and animal cruelty. Separately, the Cannabis Regulation and Tax Act directs the Illinois State Police to automatically expunge minor cannabis offenses of under 30 grams that did not result in conviction, while amounts of 30 to 500 grams require a petition to vacate. You file petitions in the Circuit Court of the county where the arrest or case occurred, and the Illinois State Police Bureau of Identification updates the statewide criminal history record.
Relevant Laws
Illinois Expungement and Sealing Statute (20 ILCS 2630/5.2)
The single statute governing both remedies. Expungement destroys or returns records for arrests, dismissals, acquittals, supervision, and qualified probation. Sealing hides most convictions from public view while preserving law-enforcement access. It sets eligibility, waiting periods, and the excluded offenses that cannot be sealed.
Automatic Cannabis Expungement (Cannabis Regulation and Tax Act)
Directs the Illinois State Police and local agencies to automatically expunge minor cannabis offenses involving 30 grams or less that did not result in conviction. Amounts of 30 to 500 grams are not automatic and require a petition to vacate and expunge the conviction. This is the state's main automatic relief.
Illinois Sealing Eligibility and Waiting Periods (20 ILCS 2630/5.2(c))
Governs which convictions may be sealed and when. Eligible misdemeanors and Class 3 and Class 4 felony convictions may be sealed three years after completion of the last sentence, with first-offender and Section 410 probation included. DUI, most sex offenses, domestic battery, and animal cruelty are excluded.
No General Federal Expungement of Illinois Records
There is no general federal law to expunge or seal a state conviction, so Illinois record relief runs entirely through 20 ILCS 2630/5.2 and the Illinois Circuit Courts. A federal offense is a separate matter with very limited relief and does not affect how Illinois clears its own records.
Regional Variances
Illinois Eligibility Table (20 ILCS 2630/5.2)
Expungement eligibility (destroys the record)
Under 20 ILCS 2630/5.2, expungement applies to arrests without charges, cases dismissed, acquittals, and release without charging, all with no waiting period. Court supervision is expungeable two years after successful completion (five years for offenses such as domestic battery and certain sexual and insurance offenses). Qualified probation, including 710-1410 and TASC, is expungeable five years after completion.
Sealing eligibility and three-year wait (hides from public)
Under 20 ILCS 2630/5.2, sealing covers actual convictions and hides them from most employers and the public while keeping them visible to law enforcement. Most misdemeanor convictions and eligible Class 3 and Class 4 felony convictions, plus first-offender and Section 410 probation, may be sealed three years after completion of the last sentence. Supervision may be sealed two years after completion.
Automatic cannabis expungement
Under the Cannabis Regulation and Tax Act, the Illinois State Police automatically expunge minor cannabis offenses of 30 grams or less that did not result in conviction, with no petition required. Convictions and amounts of 30 to 500 grams are not automatic and require a petition to the Circuit Court to vacate and expunge. This is Illinois's principal automatic relief.
Excluded offenses (no sealing or expungement)
Under 20 ILCS 2630/5.2, certain convictions can never be sealed or expunged in Illinois, including DUI, most sex offenses and offenses requiring sex-offender registration, domestic battery, and animal cruelty. A DUI or excluded offense can only be cleared if it ended in a non-conviction such as a dismissal or acquittal, which allows expungement.
Clean-slate and automatic status
Illinois has no general automatic clean-slate sealing that clears eligible convictions without a petition; nearly all conviction relief requires a petition filed in the Circuit Court of the county. The main automatic track is minor cannabis expungement by the Illinois State Police under the Cannabis Regulation and Tax Act. The Illinois State Police Bureau of Identification is the state repository.
Suggested Compliance Checklist
Determine whether your disposition qualifies for expungement or sealing
Before you file days after startingMatch each case to the right remedy under 20 ILCS 2630/5.2. Non-convictions, acquittals, and dismissals point to expungement; actual convictions point to sealing. Confirm the offense is not excluded, such as DUI, a sex offense, domestic battery, or animal cruelty, since those cannot be sealed or expunged if convicted.
Confirm the Illinois waiting period has run
Before you file days after startingVerify timing under 20 ILCS 2630/5.2: no wait for dismissals or acquittals, two years after completing supervision, five years for qualified probation, and three years after completing the last sentence for sealing eligible convictions. Filing before the waiting period runs will get the petition denied.
Obtain your Illinois criminal history record
Before drafting the petition days after startingRequest your record from the Illinois State Police Bureau of Identification and pull local arrest and disposition records from the Circuit Clerk. Confirm the exact arrest dates, case numbers, charges, and dispositions so the petition is accurate and no eligible case is left off.
Prepare the Illinois Request to Expunge and/or Seal petition
Before the filing date days after startingComplete the standardized Illinois circuit-court Request to Expunge and Impound and/or Seal Criminal Records form, listing every case and marking each as expungement or sealing based on its disposition. Prepare an Application to Sue or Defend as an Indigent Person if you need the filing fee waived.
File in the county Circuit Court and confirm service and repository update
At filing and after the order days after startingFile with the Clerk of the Circuit Court in the county of the arrest or case and pay or waive the fee. The clerk serves the State's Attorney and agencies, who have 60 days to object. After the order, confirm the Illinois State Police updated the record. An attorney can help if a case is contested or eligibility is unclear.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Determine whether your disposition qualifies for expungement or sealing | Match each case to the right remedy under 20 ILCS 2630/5.2. Non-convictions, acquittals, and dismissals point to expungement; actual convictions point to sealing. Confirm the offense is not excluded, such as DUI, a sex offense, domestic battery, or animal cruelty, since those cannot be sealed or expunged if convicted. | - | Before you file |
| Confirm the Illinois waiting period has run | Verify timing under 20 ILCS 2630/5.2: no wait for dismissals or acquittals, two years after completing supervision, five years for qualified probation, and three years after completing the last sentence for sealing eligible convictions. Filing before the waiting period runs will get the petition denied. | - | Before you file |
| Obtain your Illinois criminal history record | Request your record from the Illinois State Police Bureau of Identification and pull local arrest and disposition records from the Circuit Clerk. Confirm the exact arrest dates, case numbers, charges, and dispositions so the petition is accurate and no eligible case is left off. | - | Before drafting the petition |
| Prepare the Illinois Request to Expunge and/or Seal petition | Complete the standardized Illinois circuit-court Request to Expunge and Impound and/or Seal Criminal Records form, listing every case and marking each as expungement or sealing based on its disposition. Prepare an Application to Sue or Defend as an Indigent Person if you need the filing fee waived. | - | Before the filing date |
| File in the county Circuit Court and confirm service and repository update | File with the Clerk of the Circuit Court in the county of the arrest or case and pay or waive the fee. The clerk serves the State's Attorney and agencies, who have 60 days to object. After the order, confirm the Illinois State Police updated the record. An attorney can help if a case is contested or eligibility is unclear. | - | At filing and after the order |
Frequently Asked Questions
Illinois filing fees are set by each county Circuit Clerk and commonly run around $60, though amounts vary by county. You may also owe a Illinois State Police processing fee. If you cannot afford the cost, you can file an Application to Sue or Defend as an Indigent Person, and the court can waive the fee entirely.
After you file in the Illinois Circuit Court, the State's Attorney and agencies have 60 days to object. If no one objects, an eligible petition is often granted within a few months; a contested petition takes longer because of a hearing. Once the order is entered, the Illinois State Police can take additional weeks or months to update the record.
Yes. Sealing in Illinois hides a record from most employers and the general public, but law enforcement, the courts, and certain agencies retain access. Some licensing bodies and employers, such as schools and healthcare providers, may still view sealed records under state or federal law. Expungement, by contrast, destroys the record so it should not appear at all.
Generally yes for most private employers. Once a conviction is sealed or expunged in Illinois, you may lawfully answer that you have not been convicted for most employment purposes. Exceptions exist for positions where the law authorizes access to sealed records, such as certain law enforcement, school, and healthcare jobs, so answer honestly where those rules apply.
No. A DUI conviction cannot be sealed or expunged in Illinois; it is categorically excluded from relief under 20 ILCS 2630/5.2. Only a DUI arrest that did not result in a conviction, such as a dismissal or acquittal, may be expunged. Court supervision for DUI is not available and does not become expungeable.
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