Illinois
Illinois Expungement Laws: Eligibility, Sealing, and How to File (2026)
Illinois offers two distinct ways to clear a criminal record under 20 ILCS 2630/5.2: expungement, which physically destroys or returns records, and sealing, which hides records from most public access while preserving them for law enforcement.
Information last verified on May 29, 2026. This article has not yet been reviewed by a licensed attorney.
Jurisdiction scope: This article covers Illinois state law only. For a comparison of expungement rules across all 50 states, see Expungement Laws by State.
Expungement vs. Sealing in Illinois
Illinois law draws a sharp distinction between expungement and sealing, and that distinction controls which relief is available to you.
Under 20 ILCS 2630/5.2(a)(1), expungement means the physical destruction of records or their return to the petitioner. After expungement, the arrest or charge is treated as if it never occurred. Sealing, by contrast, means the records are preserved but locked away from public view. Members of the public, private employers, and landlords conducting background checks generally cannot access sealed records, but law enforcement agencies, certain licensing bodies, and prosecutors retain access. Because most convictions are only eligible for sealing and not for expungement, it is important to understand both options before filing. The Illinois State Police Bureau of Identification (ISP BOI) enforces compliance after a court order is entered, and the ISP Expungement Unit at ISP.Expungement.Unit@illinois.gov can answer questions about whether a specific record has been processed.
Who Qualifies for Expungement in Illinois
Expungement under 20 ILCS 2630/5.2(b) is available in Illinois for a defined set of dispositions, and convictions rarely qualify. If your case ended in an acquittal, a dismissal, or release without charging, you may file a petition immediately with no waiting period. If your conviction was reversed or vacated on appeal, you are also immediately eligible. For cases that ended in an order of court supervision, you must wait two years after successfully completing supervision before filing, with the exception of certain offenses including domestic battery, criminal sexual abuse (720 ILCS 5/11-1.50), and vehicle insurance violations, which carry a five-year supervision wait. For qualified probation (such as 710-1410 drug probation, TASC probation, or Second Chance Probation), the waiting period is five years from the date of successful termination. Most standard convictions cannot be expunged; they can only be sealed or cleared through a Governor's pardon followed by Prisoner Review Board approval.
Who Qualifies for Sealing in Illinois
Sealing covers a broader range of dispositions, including many misdemeanor and felony convictions that are ineligible for expungement. Under 20 ILCS 2630/5.2(c), individuals with misdemeanor convictions may petition for sealing after a three-year waiting period from the completion of their most recent sentence. Class 1 through Class 4 felony convictions are also eligible for sealing after the same three-year waiting period, provided the person has no subsequent convictions. Second Chance Probation carries no sealing waiting period. The Clean Slate Act signed on January 16, 2026 made one additional change effective June 30, 2026: the waiting period for misdemeanors and ordinance violations will drop from three years to two years, and prior felony convictions will no longer automatically bar subsequent felony sealing petitions. Dismissals, acquittals, and non-conviction records are eligible for sealing immediately, with no waiting period.
Offenses That Cannot Be Expunged or Sealed
Several offense categories are permanently excluded from both expungement and sealing under 20 ILCS 2630/5.2. Driving under the influence (DUI) convictions cannot be sealed under any circumstance in Illinois, which is one of the broadest exclusions in the statute. Reckless driving convictions are also excluded, with a narrow exception for persons under age 25 at the time of sentencing. Additional excluded categories include: domestic battery and aggravated domestic battery; battery against an unborn child; violations of orders of protection; criminal sexual assault and other sex offenses listed in Article 11 of the Criminal Code; animal cruelty offenses; offenses requiring registration on the sex offender or arsonist registry; and Class X felony convictions. If you have a conviction in any of these categories, neither a petition for expungement nor a petition for sealing will succeed, and only an executive pardon from the Governor with Prisoner Review Board approval can provide relief.
Cannabis Offense Expungement
The Cannabis Regulation and Tax Act (410 ILCS 705), which took effect on June 25, 2019, created separate automatic expungement pathways for cannabis-related arrests and convictions. For non-conviction arrest records involving 30 grams or fewer of cannabis, the Illinois State Police must automatically expunge those records on a staggered schedule: records created from January 1, 2013 through June 25, 2019 were due by January 1, 2021; records from January 1, 2000 through December 31, 2012 were due by January 1, 2023; and records created before January 1, 2000 were due by January 1, 2025. For conviction records involving misdemeanor or Class 4 felony cannabis violations of Sections 4 or 5 of the Cannabis Control Act, individuals or the State's Attorney may file a motion to vacate and expunge in the circuit court. Conviction records involving 30 grams or less of cannabis were also forwarded to the Illinois Prisoner Review Board for consideration under the Governor's pardon and expungement process. Approximately 770,000 cannabis-related records statewide were eligible for clearing under this framework.
Automatic Sealing Under the Clean Slate Act
Illinois Governor J.B. Pritzker signed House Bill 1836, the Illinois Clean Slate Act, on January 16, 2026, making Illinois the 13th state to enact a clean-slate law. The law eliminates the manual petition requirement for eligible nonviolent records and instead puts the sealing process on an automated government-driven schedule. The Illinois State Police will begin developing and programming its criminal history record systems on July 1, 2026. The automated system goes live on January 1, 2029, at which point ISP will send quarterly notifications to circuit court clerks identifying sealable records; circuit clerks then have 90 days to seal electronic records after receiving those notifications. Records from 1970 through 2028 will be processed in three waves, with full implementation required by January 1, 2034. The law covers convictions, dismissed charges, reversed charges, and arrests. Permanently excluded from automatic sealing are: sexual violence against minors; DUI and reckless driving; animal cruelty; serious violent crimes; and sex offender registration-qualifying offenses. Approximately 1.74 million of Illinois's 2.2 million adults with a record history are estimated to qualify. Individuals who qualify under the petition-based system do not need to wait until 2029, and petitioning now remains available.
How to File a Petition for Expungement or Sealing
Filing a petition for expungement or sealing in Illinois involves the circuit court of the county where the arrest or charge occurred. The Office of the State Appellate Defender (OSAD) and Illinois Legal Aid Online both provide approved statewide forms, last updated in October 2024, that are accepted at every courthouse in Illinois. To begin, obtain your complete criminal history from the Illinois State Police through the Access and Review process. Complete the approved Expungement and Sealing Request form, along with the Notice of Filing. Contact the circuit court clerk in the relevant county to confirm filing fees, required number of copies, and whether in-person, mail, or e-filing is accepted. Filing fees typically total $120 to $170, which includes a $60 court filing fee and a $60 ISP processing fee, plus certified copy charges; fee waivers are available for those who cannot afford the costs. After filing, the State's Attorney, the ISP, and the arresting authority each have 60 days to file a written objection. If no objection is filed and the court grants the petition, the circuit clerk distributes the order to relevant agencies, which then have 60 days to physically expunge or seal the records. OSAD can be reached toll-free at 866-787-1776 or by email at Expungement@osad.state.il.us.
Disclaimer: This article describes Illinois expungement and sealing law as of May 29, 2026, based on 20 ILCS 2630/5.2 and related statutes. It is provided for general informational purposes only and does not constitute legal advice. Eligibility depends on your specific record and circumstances. Consult a licensed Illinois attorney before filing any petition.
Related Articles
- Expungement Laws by State: Compare eligibility rules, waiting periods, and automatic expungement laws across all 50 states.
- DUI Expungement by State: Which States Allow It: Illinois prohibits DUI expungement; see which states allow it.
- How to Check If Your Record Has Been Expunged: Steps to verify your expungement or sealing status with the Illinois State Police.
RecordingLaw.com provides legal information, not legal advice. Laws change; verify current statutes at ilga.gov before relying on this article.
More Illinois Laws
Frequently Asked Questions
What is the difference between expungement and sealing in Illinois?
Expungement physically destroys or returns your records, treating the arrest as if it never happened. Sealing restricts public access but preserves the record for law enforcement, prosecutors, and certain licensing agencies. Under 20 ILCS 2630/5.2, expungement is generally limited to non-conviction outcomes (acquittals, dismissals, completed supervision), while sealing covers most misdemeanor and many felony convictions.
Can a DUI be expunged in Illinois?
No. Driving under the influence (DUI) convictions cannot be expunged or sealed in Illinois under any circumstance. This prohibition is written directly into 20 ILCS 2630/5.2(c) and applies regardless of the offense level, the amount of time that has passed, or whether it was a first offense. Only a Governor's pardon can provide any form of relief for a DUI conviction.
How long does it take to expunge a record in Illinois?
After you file, the State's Attorney and other agencies have 60 days to object. If the court grants the petition with no objection, relevant agencies have another 60 days to comply. Total time from filing to completion is typically four to six months. If an objection is filed, a hearing will be scheduled, which adds additional time.
What does 20 ILCS 2630 cover?
20 ILCS 2630 is the Illinois Criminal Identification Act. Section 5.2 of that act governs expungement and sealing of adult arrest and conviction records, including eligibility criteria, waiting periods, excluded offenses, the petition process, and automatic sealing under the 2026 Clean Slate Act amendments.
How do I expunge my record in Illinois?
First, obtain your criminal history from the Illinois State Police. Then complete the approved Expungement and Sealing Request forms available from the Office of the State Appellate Defender (osad.illinois.gov) or Illinois Legal Aid Online. File the forms with the circuit court clerk in the county where your arrest occurred, pay the filing fee (typically $120 to $170, or request a fee waiver), and serve the State's Attorney and ISP. The court will schedule a hearing if an objection is filed.
What felonies can be expunged in Illinois?
Very few felony convictions can be expunged. Felony convictions are generally only eligible for sealing, not expungement. The exceptions are misdemeanor and Class 4 felony cannabis convictions under the Cannabis Regulation and Tax Act, certain pardoned convictions, and dispositions that ended in acquittal, dismissal, or reversal. Class X felonies and any conviction requiring sex offender or arsonist registration cannot be sealed or expunged.
Will automatic sealing happen without me filing anything under the Clean Slate Act?
Yes, for eligible records once the system goes live. The Illinois State Police will begin identifying and notifying circuit clerks of sealable records starting January 1, 2029. Circuit clerks must then seal those records within 90 days. You do not need to file a petition to benefit from automatic sealing, but you can still petition now under existing law if you already qualify and do not want to wait until 2029.
Are cannabis records automatically expunged in Illinois?
Non-conviction cannabis arrest records involving 30 grams or fewer are being automatically expunged by the Illinois State Police on a staggered schedule under 410 ILCS 705. For conviction records, individuals or the State's Attorney must file a motion to vacate and expunge in circuit court. Records were also forwarded to the Illinois Prisoner Review Board for Governor's pardon consideration.
Sources and References
- 20 ILCS 2630/5.2 -- Criminal Identification Act, Section 5.2(ilga.gov)
- Illinois General Assembly -- Criminal Identification Act (20 ILCS 2630)(ilga.gov)
- Illinois State Police -- Cannabis Expungements(isp.illinois.gov)
- Office of the State Appellate Defender -- Expungement and Sealing(osad.illinois.gov)
- Office of the Illinois Courts -- Expungement and Sealing Forms(illinoiscourts.gov)
- Illinois General Assembly -- Cannabis Regulation and Tax Act (410 ILCS 705)(ilga.gov)
- Capitol News Illinois -- Illinois Clean Slate Law(capitolnewsillinois.com)
- Illinois Legal Aid Online -- Expungement FAQ(illinoislegalaid.org)