Illinois Clean Slate Act: Shorter Waiting Periods to Seal Records Take Effect June 30
Illinois Clean Slate Act: Shorter Waiting Periods to Seal Records Take Effect June 30
Starting June 30, 2026, Illinois residents with certain non-violent convictions can petition to seal their records sooner. House Bill 1836, the Clean Slate Act signed by Governor JB Pritzker on January 16, 2026, cuts the waiting period for misdemeanor sealing and removes several procedural barriers, but fully automatic sealing does not begin until 2029. (20 ILCS 2630)
Information last verified on June 26, 2026. This is a developing story; we update it as the record changes.
Status: Signed January 16, 2026; first provisions take effect June 30, 2026; automatic sealing phases in beginning 2029.
Jurisdiction scope: This article covers Illinois House Bill 1836 (the Clean Slate Act of 2026) and its amendments to the Illinois Criminal Identification Act, 20 ILCS 2630. It does not address the expungement or sealing law of any other state. For the full Illinois sealing and expungement framework, see Illinois expungement laws.
What Happened
On January 16, 2026, Governor JB Pritzker signed House Bill 1836, the Clean Slate Act, making Illinois the 13th state in the nation to enact a clean-slate sealing law. The bill passed the Illinois Senate 39-17 and the House 80-26 during the fall veto session, drawing bipartisan support.
The law has a split effective date. Its first operative provisions take effect June 30, 2026, and they do something concrete and immediate: they shorten the waiting period for misdemeanor sealing, strip out procedural hurdles that had slowed petitions, and remove the bar that previously prevented someone with a prior felony conviction from sealing a subsequent felony record. These changes apply to petitions filed on or after June 30, 2026.
The headline feature of the law, automatic petition-free sealing by the Illinois State Police, does not begin until January 1, 2029. Under that phase, the State Police will identify eligible records, notify circuit clerks quarterly, and seal records without requiring individuals to take any action. The rollout covers records in batches by date range: records from July 1, 2005 through December 31, 2028 are targeted for sealing by January 1, 2031; records from July 1, 1990 through June 30, 2005 by January 1, 2032; and records from July 1, 1970 through June 30, 1990 by January 1, 2034.
Serious convictions remain excluded regardless of the phase. Offenses ineligible for sealing under the Clean Slate Act include murder, sex offenses, human trafficking, Class X felonies, violent crimes, DUI, reckless driving, domestic battery, stalking, and violations of orders of protection, among others. Law enforcement agencies, prosecutors, and courts retain complete access to sealed records. Regulated employers (such as schools, park districts, financial institutions, and public transit agencies) may access sealed conviction records through fingerprint-based background checks conducted by the Illinois State Police.
What the Law Actually Says
Illinois criminal records are governed by the Criminal Identification Act, codified at 20 ILCS 2630. That statute has long drawn a firm distinction between expungement and sealing. Expungement destroys or returns the physical and electronic record, effectively erasing it from the system. Sealing conceals the record from public view, including from most private background check providers, but it does not destroy the record, and law enforcement retains access.
Before HB 1836, a person with a misdemeanor conviction had to wait three years from completion of the most recent sentence before petitioning a circuit court for sealing under 20 ILCS 2630/5.2. Class 1 through Class 4 felony convictions also carried a three-year post-sentence waiting period, but petitioners who had any prior felony conviction on their record were barred from sealing a subsequent felony, even if the subsequent offense was otherwise eligible. A drug test was required before a felony drug conviction could be sealed, and a sealed record had to be formally unsealed before a person could then seek expungement of that same record.
HB 1836 amends 20 ILCS 2630 to make the following changes effective June 30, 2026:
- The misdemeanor sealing waiting period drops from three years to two years after sentence completion.
- The bar to petitioning to seal additional felony convictions when a prior felony exists is eliminated.
- The drug-test requirement for sealing a felony drug conviction is eliminated.
- A sealed record no longer needs to be unsealed as a precondition to seeking expungement.
The felony waiting period stays at three years for now in the petition-based system, though felony records meeting the three-year threshold will eventually be swept into the automatic process once it launches in 2029.
The automatic phase added by HB 1836 also broadens the categories of records that can be sealed. Under the 2029 framework, the State Police will automatically seal most misdemeanor convictions, eligible nonviolent felony convictions in Classes 1 through 4, dismissed cases, acquittals, arrests without conviction, and cases that resulted in supervision or qualified probation after completion. For those records, no petition is needed and no attorney is required.
For the full current text of 20 ILCS 2630 and the sealing petition process, see Illinois expungement laws and the expungement laws hub.
Analysis: Why This Matters
The following is analysis from the Recording Law Editorial Team.
The June 30, 2026 changes are smaller in scope than the 2029 automatic phase, but they are real and they are available now. For someone whose misdemeanor sentence wrapped up more than two years ago but less than three, June 30 is the first date they can petition a circuit court to seal that record. Under prior law, they would have had to wait a full three years. That is a concrete difference for a specific group of people, and it requires action on their part, because nothing happens automatically until 2029.
The elimination of the prior-felony bar is likely the more significant of the June 30 changes. Before HB 1836, a person who had any prior felony conviction on their record was locked out of petitioning to seal a subsequent, otherwise eligible felony. That bar disproportionately affected people with older records from an era of higher conviction rates. Removing it means petitioners can now bring eligible records to court without the prior conviction functioning as an automatic disqualifier.
The background-check impact is direct. Sealed records under 20 ILCS 2630 are not accessible to most private employers, landlords, or consumer reporting agencies. The Illinois Human Rights Act limits employment and housing denials based on sealed records. For the intersection of sealing and tenant screening, see Illinois landlord-tenant laws and for the employer background-check framework, see Illinois background check laws.
Illinois is now the 13th state with a clean-slate law. Connecticut enacted an automatic erasure law in 2021, with erasures beginning in 2023: seven years post-sentence for eligible misdemeanors and ten years for eligible felonies. For how Connecticut approached the same policy goal, see Connecticut expungement laws. New York's Clean Slate Act took effect November 16, 2024, with automatic sealing of eligible records after three years for misdemeanors and eight years for felonies, with full implementation rolling through 2027. Illinois, by contrast, has set a shorter misdemeanor threshold of two years, placing it among the lower bars in this cohort of states.
Advocates estimate the 2029 automatic phase could reach 1.74 million Illinoisans, roughly 79 percent of the 2.2 million adults in the state with a past arrest or conviction. That projection underscores why legal aid organizations and defense attorneys have urged eligible individuals not to wait until 2029: every month a record remains unsealed is a month it can appear in a private background check and affect housing, employment, or licensing decisions.
How This Affects You
If you have a misdemeanor conviction in Illinois and your sentence, including any probation or supervision period, ended more than two years ago, you may be eligible to petition a circuit court for sealing beginning June 30, 2026. If you had been held back by the prior-felony bar, that bar no longer applies as of June 30.
These are general descriptions of the statutory framework, not advice about your specific situation. Eligibility depends on the offense type, sentence completion date, and absence of any conviction that falls in the excluded categories. A lawyer licensed in Illinois can evaluate your record against the current statute. Illinois Legal Aid Online maintains free self-help tools for individuals considering a sealing petition.
If you plan to wait for automatic sealing in 2029, no action is required, but the record remains visible in private background checks until the State Police processes it.
What Happens Next
June 30, 2026 is the first operative date under HB 1836. Starting that day, petition-based sealing under 20 ILCS 2630 runs on the new rules: shorter misdemeanor waits, no prior-felony bar, no drug test for drug convictions, and no need to unseal before seeking expungement.
Beginning July 1, 2026, the Illinois State Police begins upgrading its databases and infrastructure to identify and process records for the automatic phase. Data-matching, rule-making, and interagency coordination continue from 2026 through 2028.
January 1, 2029 marks the start of automatic sealing. The State Police will notify circuit clerks quarterly of records subject to sealing under the Clean Slate Act. The State Police is required to seal an initial batch of eligible records by January 1, 2030. Circuit courts begin automated sealing of records within their systems by January 1, 2031. Older records are phased in: records from 1990 to 2005 by January 1, 2032, and records from 1970 to 1990 by January 1, 2034.
This is general legal information, not legal advice. It covers Illinois record-sealing law under HB 1836 and the Criminal Identification Act (20 ILCS 2630) and reflects sources verified on June 26, 2026. Laws change and this story is developing; consult a lawyer licensed in your jurisdiction about your specific situation.
Sources
- Illinois HB 1836 Bill Status, Illinois General Assembly (ilga.gov)
- Governor Pritzker Signs Bipartisan Clean Slate Act, Office of the Governor (January 16, 2026)
- Illinois Clean Slate Act, Illinois Criminal Identification Act, 20 ILCS 2630
- Illinois Clean Slate Law Allows Automatic Sealing of Nonviolent Criminal Records, Capitol News Illinois (January 16, 2026)
- Opening Doors for Millions: Illinois Becomes the 13th Clean Slate State, The Clean Slate Initiative
- Illinois Charters to Launch New Automatic Criminal Record Sealing Process, Verified Credentials
- Clean Slate Act Passes After Failing to Clear Legislature in Past Years, Capitol News Illinois
Related articles
- Illinois expungement laws
- Expungement laws hub
- Illinois background check laws
- Connecticut expungement laws
- Illinois landlord-tenant laws
Last updated: 2026-06-26. This is a developing story; details verified as of 2026-06-26.
Frequently Asked Questions
Does automatic sealing start June 30, 2026?
No. June 30, 2026 is when shorter waiting periods and procedural changes take effect for petition-based sealing. These are changes you must act on yourself by filing a court petition. Fully automatic sealing by the Illinois State Police does not begin until January 1, 2029.
What exactly changes on June 30, 2026?
Four things change under HB 1836 as of June 30, 2026: (1) the waiting period to seal a misdemeanor conviction drops from three years to two years after sentence completion; (2) the bar that blocked someone with a prior felony from sealing a subsequent felony is eliminated; (3) the drug-test requirement for sealing a felony drug conviction is removed; and (4) a sealed record no longer needs to be formally unsealed before a person can seek expungement of that record.
What is the waiting period to seal a felony conviction after June 30, 2026?
The petition-based waiting period for eligible felony convictions (Classes 1 through 4) remains three years from completion of the sentence. HB 1836 did not shorten the felony waiting period for the petition-based process. It shortened the misdemeanor period and removed the prior-felony bar.
Which offenses are excluded from sealing under the Clean Slate Act?
Offenses excluded from sealing include murder, sex offenses, human trafficking, Class X felonies, DUI, reckless driving, domestic battery, stalking, and violations of orders of protection, among others designated in 20 ILCS 2630. These remain ineligible whether you petition now or wait for automatic sealing in 2029.
Will employers and landlords still be able to see a sealed record?
Most private employers and landlords, and most consumer reporting agencies, cannot access sealed records. However, regulated employers such as schools, park districts, financial institutions, and public transit agencies may access sealed conviction records through Illinois State Police fingerprint-based background checks. The Illinois Human Rights Act limits adverse decisions based on sealed records in employment and housing. For the employer background-check framework, see Illinois background check laws.
Do I need a lawyer to petition for sealing?
Illinois law does not require an attorney for a sealing petition, and Illinois Legal Aid Online provides free self-help tools. That said, eligibility depends on the specific offense, sentence completion date, and whether any excluded offense appears on the record. A lawyer licensed in Illinois can evaluate those details. This answer is general information, not legal advice.
How does Illinois compare to Connecticut and New York on clean-slate sealing?
Connecticut's clean-slate law, enacted in 2021, automatically erases eligible records seven years after sentence completion for misdemeanors and ten years for eligible felonies. New York's Clean Slate Act, effective November 2024, seals eligible records after three years for misdemeanors and eight years for felonies. Illinois sets a two-year threshold for misdemeanors under the new petition rules (dropping from three) and a two-year threshold in the 2029 automatic phase as well, making it one of the shorter waiting periods among clean-slate states.
Is HB 1836 the same as automatic expungement?
No. The Clean Slate Act establishes automatic sealing, not expungement. Sealing hides a record from most public and private searches but does not destroy it; law enforcement retains access. Expungement destroys or returns the record entirely. Illinois maintains a separate expungement process under 20 ILCS 2630, and the two remedies have different eligibility rules. See Illinois expungement laws for the full framework.
Sources and References
- Illinois HB 1836 Bill Status, Illinois General Assembly(ilga.gov).gov
- Governor Pritzker Signs Bipartisan Clean Slate Act (January 16, 2026)(gov.illinois.gov).gov
- Illinois Criminal Identification Act, 20 ILCS 2630/5.2(ilga.gov).gov
- Illinois Clean Slate Law Allows Automatic Sealing of Nonviolent Criminal Records, Capitol News Illinois (January 16, 2026)(capitolnewsillinois.com)
- Opening Doors for Millions: Illinois Becomes the 13th Clean Slate State, The Clean Slate Initiative(cleanslateinitiative.org)
- Illinois Charters to Launch New Automatic Criminal Record Sealing Process, Verified Credentials(verifiedcredentials.com)
- Clean Slate Act Passes After Failing to Clear Legislature in Past Years, Capitol News Illinois(capitolnewsillinois.com)