Illinois Expungement & Sealing Guidelines for Arrests, Supervisions & Convictions
Illinois law provides for expunging and sealing a criminal record. The process is very complicated, and generally, an attorney should be consulted.
Felony Convictions, Domestic Battery, and DUI Offenses Cannot be Expunged or Sealed
Neither a felony conviction nor a DUI can be expunged or sealed, regardless of whether the disposition was SOL, nolle prosequi, supervision, conditional discharge, probation, or conviction. Domestic battery convictions cannot be expunged or sealed.
What does "Expungement" Mean?
When a criminal record gets expunged, it is as though the arrest never took place. The arresting authority (police department) will either destroy its record or return the record to the defendant. The circuit clerk will not destroy the record, but will seal it from public view and remove all information concerning the case and the defendant from its index. Furthermore, the Illinois State Police (located in Joliet) will seal the record from public view. The state police will only provide information about the record to other law enforcement agencies as permitted by law.
What does "Sealing" Mean?
When a criminal record gets sealed, the files belonging to the police department that arrested the defendant, the circuit clerk, and the state police remain intact, but are placed under seal. Sealed records are sealed from public view. The circuit clerk will not remove the defendant's name or case from the index, but court records cannot be provided to the public. Finally, the state police will place their record under seal from public view, but provide the case information to other law enforcement agencies as provided by law.
Do Moving or Non-Moving Traffic Violations Make Me Ineligible for Expungement or Sealing?
Generally, the answer is no. The expungement and sealing statute seems to suggest that a conviction for a traffic violation WILL cause you to be ineligible for expungement and / or sealing. The issue, however, is whether a judge will order the expungement or sealing, and subsequently whether the Illinois State Police will object. The Illinois State Police have indicated that they do not object to petitions to expunge or seal because of violations under the Illinois Vehicle Code, provided it is only a petty offense, such as a speeding ticket. The only traffic violations that make someone ineligible to expunge or seal are the offenses in Chapter 4 of the Illinois Vehicle Code, 625 ILCS 5/11-204.1, and a DUI under 625 5/11-501.
Illinois Expungement & Sealing Guide
Type of Record
| Expungement? | Sealing? |
Arrest for a misdemeanor offense (Class A misdemeanor, Class B misdemeanor, or Class C misdemeanor).
| YES. Immediately eligible upon acquittal or dismissal of charges.
| YES. Eligible if no convictions or supervisions for 3 years.
|
Arrest for a felony offense.
| YES. Immediately eligible upon acquittal or dismissal of charges.
| MAYBE. The law does not provide an answer to this question.
|
Supervision for any of the following offenses:
| YES. Eligible 5 years after successful termination of supervision provided there are no other convictions.
| YES, if there are no other convictions or supervisions for 3 years.
|
Conviction for felony or misdemeanor reversed on appeal or vacated after post-conviction petition or habeas petition.
| YES, if factual innocence is proven by preponderance of the evidence.
| MAYBE. The law does not provide an answer to this question.
|
Conviction for other of the following offenses:
- Class 4 felony unlawful possession of a controlled substance (UPCS).
- Class 4 felony prostitution.
| NO. | YES, 4 years after the termination of the sentence provided there are no other convictions or supervisions and the petitioner passes a drug test.
|
Probation for any of the following offenses:
- Class 4 felony unlawful possession of cannabis (first-time offender). 720 ILCS 550/10.
- Class 4 felony unlawful possession of a controlled substance (first-time offender). 720 ILCS 570/410. (Also includes possession of steroids.)
| YES, 5 years after successful termination of "410 probation" provided the defendant has no other convictions.
| MAYBE. The law does not provide an answer to this question.
|
