Crime & Traffic

• Expungement: Erases or removes records from public view and destroys them, as if the arrest or charge never happened.
• Sealing: Hides or restricts access to the record, but the record still exists. Law enforcement and employers that require a fingerprint background check can still see it.
• Executive Clemency: A pardon granted by the governor. If you receive clemency, you can then petition to have the case expunged.

Convictions include a finding of guilt resulting in a sentence of:

• Probation (other than Qualified Probation that was successfully completed)
• Jail or prison time
• Conditional discharge
• Time considered served
• Fines (with no other sentence)
• Supervisions or Qualified Probation that were not successfully completed

The following can be expunged:

• Arrests that did not result in a conviction, including misdemeanor and felony offenses that were dismissed, acquitted, or resulted in a finding of not guilty.
• Some convictions
  • Misdemeanor and felony convictions if they were reversed, vacated, or pardoned. You must also have a Certificate of Eligibility for Expungement from the Prisoner Review Board. Read about the process.
  • Prior Class 4 felony convictions for prostitution.
  • If you are an honorably discharged veteran. This certificate will help you start the process.
  • Certain cannabis convictions. Learn more about expunging a cannabis record.
• Sentences for court supervision and qualified probation
  • Successfully completed sentences for supervision and qualified probation if the waiting period has passed. Examples of qualified probation programs that may be expunged include: 710-1410 probation, problem-solving court programs (only if successfully dismissed), TASC probation (only if successfully vacated), Second Chance Probation, and Offender Initiative Program (only if successfully dismissed).

The following cannot be expunged: 

• Minor traffic offenses, unless you were released without being charged.
• Convictions for misdemeanors and felonies unless they were reversed, vacated, pardoned by the Governor, approved by the Prisoner Review Board.
• Court supervision or qualified probation that was not successfully completed.
• Court supervision for the following offenses:
  • Reckless driving (if you were 25 or older at the time)
  • Driving under the influence
  • Sexual offenses against a minor under age 18

Most misdemeanor and felony convictions and supervision sentences can be sealed, except for certain offenses listed in the next question.

Additionally, sentences to supervision or qualified probation that ended unsatisfactorily may also be eligible for sealing.

You can also seal any offense that qualifies for expungement, but expungement is a better option if available. If the judge denies your expungement request, you can still go back to court to ask for the records to be sealed. The only exception is minor traffic offenses, which cannot be sealed unless you were arrested but never charged.

Note: Class 4 felony arrests, charges, and convictions for prostitution that qualify for sealing may be automatically sealed by January 1, 2028.

The following misdemeanor or felony convictions and supervisions cannot be sealed:

• Driving under the influence
• Reckless driving, unless you were less than 25 years old when you were sentenced
• Minor traffic offenses
• Domestic battery or battery of an unborn child
• Violating a civil no contact order, a stalking no contact order, or an order of protection
• Criminal sexual assault
• Sex offenses (except prostitution)
• Public indecency (if convicted of a felony – misdemeanor convictions are eligible)
• Any offense that requires registering with the Sex Offender Registry, the Arsonist Registry, or the Murder and Violent Offender Against Youth Registry
• Violations of the Humane Care for Animals Act, including dog fighting and cruelty to animals

Note: If you had felony convictions sealed and you are convicted of another felony, the new felony will not be eligible. The old convictions could also be unsealed.

You are eligible to expunge cases with the following outcomes at any time:

• Released without charging (RWOC),
• Dismissals,
• Acquittals,
• Finding of no probable cause, and
• A conviction that has been vacated or reversed.

Problem-solving court 

If you participated in a problem-solving court, you may file a petition for expungement 61 days before the anticipated dismissal of the case or any time thereafter.

Supervision

If you received court supervision, you must wait until after your last sentence has ended to file for expungement. "Last sentence" refers to the completion of the final sentence in any of your criminal cases, regardless of the county or the specific case you wish to expunge. This includes any supervision, probation, or jail time from any case, even if it happened years later or in another county.

• For most supervision cases, you must wait 2 years from the end of your last sentence.
• You must wait 5 years from the end of your last sentence if your supervision was for:
  • Domestic battery
  • Criminal sex abuse
  • Operating of an uninsured motor vehicle
  • Suspended registration for non-insurance
  • Display of false insurance card
  • Scrap processor of vehicles failure to keep a record
  • Retail theft

Qualified probation

Wait 5 years from the end of your last sentence to file a petition to expunge successfully completed 710 or 1410 First Time Offender Probation for a drug offense, TASC probation, Second Chance probation, or other qualified probation.

You are eligible to seal cases with the following outcomes at any time:

• Released without charging (RWOC),
• Dismissals,
• Acquittals,
• Finding of no probable cause, and
• A conviction that has been vacated or reversed.

However, some courts will not allow you to seal your record if you are still serving a sentence or have a case pending.

Supervisions

If you were sentenced to supervision and you completed it, you may be eligible to seal the case. You are eligible to seal it 2 years after the end of the last sentence you served for that case.

Convictions and qualified probation

If you were convicted of a misdemeanor or felony, you can seal 3 years after the end of your last sentence. This also applies if you successfully completed special, qualified probation (like 710-1410 or TASC). Exception: if you successfully completed a sentence of second chance probation, there is no waiting period for that specific record.

Certain convictions may not be sealed until you are no longer required to register with the Sex Offender Registry, the Arsonist Registry, or the Murder and Violent Offender Against Youth Registry. 

When you can begin the process of sealing or expunging a criminal record depends on the nature of the offense and the outcome of the case. There is no way to speed up the expungement process.

However, you can petition for early sealing (after the case is closed) if you earned one of the following during your sentence, aftercare release, or mandatory supervised release:

• High school diploma,
• Associate's degree,
• Career certificate,
• Vocational-technical certification,
• Bachelor's degree, or
• GED.

You cannot use multiple degrees or certificates of the same type to qualify. If your early sealing petition is denied, you must wait the full required period before filing again.

Even if some offenses are not eligible for expungement or sealing, you may still expunge or seal those arrests and cases that are eligible. The ones that are not eligible will stay on your record.

If you have some records that cannot be expunged (destroyed) or sealed (hidden), you may qualify for other remedies, including:

• Executive clemency: Pardon from the governor. If you get clemency, you can then petition to have the case expunged
• Certificates of good conduct and relief from disabilities: Two separate options that may help you qualify for jobs, work licenses, or housing, including positions that require specific professional licenses.

Learn more about your options if your record is not eligible for expungement or sealing, or if your request was denied.

For information about clearing a juvenile record, see our Juvenile expungements basics guide.

Illinois state courts cannot expunge or seal criminal records from other states. They also cannot expunge federal cases, even if they happened in Illinois.

If you have a record in another state, check that state's laws to see if expungement or sealing is an option. Contact the court, a legal aid organization, or a lawyer licensed in that state for guidance. Having an out-of-state record does not necessarily prevent you from expunging or sealing eligible records in Illinois. If you're unsure, talk to a lawyer.

Expunging or sealing a criminal record does not erase it for immigration purposes. US immigration authorities can still see sealed or expunged records, and applicants must disclose all arrests, including juvenile offenses.

Learn how filing to expunge or seal records could seriously affect your immigration status. Speak to an immigration lawyer before filing to expunge or seal any criminal or juvenile records.

A negative drug test is required to seal a felony drug conviction or to expunge a case that resulted in Qualified Probation. The drug test must be completed within 30 days of filing the petition.

A petition cannot be denied based on a positive cannabis test. However, this does not apply to other drugs. A positive test for substances other than cannabis may still affect eligibility for expungement or sealing. If you have a prescription for a drug that appeared on your drug test, be sure to attach a copy of it to the test when filing.

You can file for expungement or sealing even if you owe fees, fines, court costs, or restitution. However:

• For expungement, the judge can deny your request if you haven’t paid court fees, fines, or costs.
• For sealing, the judge cannot deny your request just because you owe those amounts.
• In both cases, the judge can deny your request if you owe restitution to a victim.

No, you can file to clear your record on your own using forms and instructions from our site. However, it is a good idea to talk to a lawyer if:

• You have more than 3 arrests or convictions
• You have arrests or convictions in multiple counties
• You do not qualify for expungement or sealing
• You are not a citizen

A lawyer can help by reviewing your records, figuring out whether they qualify for expungement or sealing, filing your request, and attending your hearing if you have one.

If you are not a citizen, clearing your record may make it harder to become one. An immigration lawyer can help you understand how clearing your criminal record could affect your immigration status.

Follow these steps to start a case to expunge or seal a criminal record. Read more common questions about how the process works.