Crime & Traffic

An expungement or sealing request is filed with the circuit clerk in the county where the arrest or charge happened. If you have records in multiple counties, separate requests must be filed in each county. Each request should only include arrests, charges, or convictions from that specific county. Filing fees are required in each county unless waived.

In Cook County, you can file your paperwork either at the new Expungement Department, located at the Leighton Criminal Court Building on 26th Street and California Avenue, or at any other district court location within Cook County. The clerks will ensure that your documents go to the correct district court. 

For step-by-step help with filing your expungement request, see Starting a case to expunge or seal a criminal record.

The cost to expunge or seal a criminal record in Illinois includes court filing fees, fees for getting your criminal history from the Illinois State Police, and possible fees from police agencies to seal your record. You might also spend money on printing, copying, and mailing. If you hire a lawyer, you’ll also have legal fees.

The court filing fee depends on the type of case you have and the county where you are filing. You must pay the court filing fee or submit a fee waiver to file your paperwork. In Cook County, you pay one fee for all requests to expunge or seal filed on the same day, but you will need separate requests for each district.

The police agency that arrested you may also charge a fee, unless your court costs are waived. The Illinois State Police will not expunge or seal your record unless you pay this fee or provide proof that your court fees were waived.

The timeline for expungement or sealing varies by courthouse, but here’s a general breakdown:

1. File your forms: Complete and submit your expungement or sealing forms to the court.
2. Agency review: The State’s Attorney, the arresting agency, the chief legal officer, and the Illinois State Police have up to 60 days to review and object to your request.
3. Judge assignment: Typically, a judge is assigned during the agency review period.
4. Attend a hearing (if required): A hearing will be scheduled if any agency objects to your request. In some counties, a hearing is required for all expungement or sealing requests, even if no one objects. You should receive advance notice if a hearing is scheduled, but you can also call the circuit clerk to confirm. Some courts require you to attend in person, while others may allow you to appear by Zoom or another virtual method.
5. Court decision: If there are no objections, the judge may rule within 60 to 180 days after filing, although this varies by county. Cases with hearings may take longer.
6. Order sent to agencies: If granted, agencies have up to 60 days after receiving a copy of the order to remove or seal records.

Note: In Cook County, especially in District 1 (Chicago), the expungement and sealing process takes significantly longer due to high case volume and specific procedures. In some cases, it can take over a year.

In Illinois, several people and offices are involved in expunging or sealing a record:

• Petitioner: The person requesting to have their record expunged or sealed.
• Circuit clerk: The office where forms are filed to start the process. The office also updates county records if the request is granted.
• State’s attorney: The prosecutor who handled the case. They can object to the request.
• Arresting agencies: Law enforcement agencies involved in the arrest. They can object to the request.
• Chief legal officer: The unit of local government where the arrest occurred. They can object to the request.
• Illinois State Police: They receive notice of the request and may file an objection. They also update state records if the request is granted.
• Judge: Reviews the request, considers objections, and makes the final decision on whether the record will be expunged or sealed.

Yes, but if you move before your case is over, tell the circuit clerk your new address right away. If you do not tell the court your new address, you might miss notices of court dates and copies of court orders.

It depends. Some courts schedule a hearing automatically, while others only do so if an agency objects. Some courts allow you to appear on Zoom or virtual court if the judge gives you permission to do so.

In places like Cook County’s District 1, a court date is set when you file, and you should attend even if no agency objects. In some Cook County districts and other counties, if no objections are filed within 60 days, a judge may approve your request without a hearing. If there are objections, the court will schedule a hearing, and you must attend.

If a court date is required, you may be able to request one when you file, or the court will notify you. Check with the circuit clerk for specific procedures in your county.

It depends. In larger counties, like Cook County, the sentencing judge is typically not the one who will hear the case. These cases are typically assigned to judges in special divisions that focus on expungements and sealings. Judges may rotate throughout the year. In smaller counties, it is more likely that the sentencing judge will hear the expungement or sealing case. To find out which judge may be assigned to your case, contact the circuit clerk in the county where you’re filing the petition.

During the court hearing, the judge will review your request to expunge or seal your record, as well as any objections filed by the State’s Attorney or other law enforcement agencies. The judge may ask questions to make sure you meet all the requirements, such as whether you’ve completed your sentence and if you have any pending charges anywhere else.

The judge may also ask about your criminal record, rehabilitation, and current situation, like your job, education, or community involvement. You generally don’t need to speak unless asked, but it helps to show that you’ve made positive changes since the arrest or conviction.

The judge may decide whether to grant or deny your request right away, or they may need more time to make a decision. If the judge needs more time, keep an eye out for the court order, which will be sent to you after the judge has made their decision.

An objection is a formal response from a government agency, such as the state’s attorney, Illinois State Police, or an arresting agency, arguing why your expungement or sealing request should not be granted. Agencies have 60 days from when they receive your request to submit an objection in writing. 

Common objections to expungement or sealing include:

• Ineligible offense: Some crimes, like DUIs and violent offenses, may not qualify for expungement or sealing under the law no matter how much time has passed.
• Public safety concerns: If the crime involved violence, an objection may be raised based on public safety.
• Pending charges: Your expungement or sealing request may be denied if you have open cases anywhere. It is recommended that you wait until all charges are resolved before filing.
• Recent offense: If the conviction or arrest was recent, the State’s Attorney may argue that more time should pass before records are cleared.
• Pattern of criminal behavior: Prosecutors or law enforcement may argue that multiple arrests or convictions show an ongoing pattern of criminal conduct.
• Drug test: For certain drug-related cases, a clean drug test must be filed within 30 days of filing the request, and one was not filed.
• Waiting period has not passed: If you were sentenced to probation, supervision, or time in jail or prison, you must wait 2 to 5 years before you can file for expungement or sealing, depending on the type of sentence. If that waiting time hasn't passed, or if you don't qualify to waive the waiting period, the State’s Attorney will object to your request.

After you file a request to expunge or seal your criminal record in Illinois, the prosecutor’s office and law enforcement agencies have 60 days from the date they receive your petition to file a written objection with the court. If an objection is filed, the court should notify you using the contact information provided in your petition.

Note: In Cook County, the State’s Attorney’s Office for District 1 (Chicago) also posts their objections through an online portal. The portal does not list names, only case numbers. You will need to know the first case number listed on your request to expunge or seal to search the portal.

If no objections are filed within 60 days, the law allows the judge to decide on expungement or sealing without a hearing.

In some courts, judges may allow the state’s attorney to make an oral objection at the hearing, even if no written objection was filed on time. However, case law, including Ackerman v. People and People v. Florzak, prohibits this practice. If no written objection was filed within the deadline, an agency should not be able to object at the hearing.

For this reason, you should attend your scheduled hearing and be prepared to respond to any potential objections. If an unexpected objection comes up and you need time to prepare a response, you may request a continuance to reschedule the hearing.

To help get your request approved, you can show proof that you have made positive changes in your life. This is called mitigation evidence. It can help respond to objections from the state’s attorney or help the judge understand your progress.

Some examples include:

• Letters from employers, mentors, or community members supporting you.
• A personal statement explaining the circumstances of your arrest record and how those circumstances have changed.
• Proof that you have a job or are trying to find work.
• A high school diploma, GED, college degree, or job training certificate.
• Proof that you finished counseling, substance abuse treatment, or a rehab program.
• Volunteer work or community service.
• A clean record since your last offense.

This kind of proof can help show that you have moved forward and should have your record expunged or sealed.

If you do not receive a copy of the Order in court, the circuit clerk will send you a copy of it. The Order will say whether your request was granted or denied.

If your request was granted, it is very important that you keep a copy of the Order in a safe place. Once your arrests or cases are expunged or sealed, the court may no longer have a court record for you, and it may be very difficult to get another copy of the Order.

Once the court reviews your expungement or sealing request, it will either approve or deny it. If it's approved, the process of clearing your record begins, but it may take time for all agencies to update their records. If your request is denied, you may still have options. To learn more about what happens next, see our list of common questions about what to do after the court decides your case.