The waiting period for filing for an expungement depends on the type of criminal record. There is no waiting period for arrests that did not result in a finding of guilt.
Filing for expungement after supervision is finished
If you successfully complete a sentence of supervision, except as discussed below, then you must wait 2 years after the end of your last sentence to file a petition to expunge those supervisions.
Waiting period for non-felony and Class 4 convictions
If you are convicted of certain non-felony crimes, certain Class 4 felonies, and first offender probation dispositions, then your record may be sealed 3 years after the end of your last sentence.
You must wait 5 years to file a petition to expunge supervisions for the following offenses:
- Domestic Battery
- Criminal Sexual Abuse
- Operation of an Uninsured Motor Vehicle
- Suspended Registration for Non-Insurance
- Display of False Insurance Card
- Scrap Processor of Vehicles Failure to Keep Record
Waiting period after serving probation
If you satisfactorily completed 710 or 1410 First Time Offender Probation for a drug offense, TASC probation, or other qualified probation, you must wait 5 years from the end of your last sentence before filing for expungement. You must also attach the results of a clean drug test to your petition.