Crime & Traffic

If you’re facing a nonviolent charge in Illinois, drug court might be a good option. Instead of going through the regular criminal process, you may be able to enter a supervised program that focuses on treatment and recovery. Completing this program successfully can lead to a clean slate, and thanks to a recent change in Illinois law, you can start the expungement process even before you finish the program.

What is drug court?

Drug court is one of several problem-solving courts in Illinois that offer an alternative to traditional sentencing and punishment for people struggling with substance use. If accepted, participants go through structured treatment, attend regular court check-ins, and follow individualized plans for recovery. Participants can enter the program before a plea or after being found guilty. Upon successful completion of the drug court, participants may ask the court to expunge the related records, which will erase arrests and court supervisions from criminal records as if they never happened.

Eligibility for drug court

Eligibility for drug court depends on several factors. You may qualify if:

• You are charged with a nonviolent offense,
• You admit to having a substance use disorder,
• You are willing to participate in a treatment program,
• You have not been convicted of a violent crime within the past 5 years (excluding incarceration time, parole, and periods of mandatory supervised release), such as murder, armed robbery, or criminal sexual assault (see 730 ILCS 166/20(b)(4)), and
• You meet any additional criteria required by the court. For example, the Circuit Court of Cook County may require that participants be charged with a drug related violation.

Request expungement before finishing drug court

A recent change in the Criminal Identification Act makes it possible to start the expungement process before you finish drug court or a similar diversion program.

Here’s how it works:

• You can file a petition to expunge your record 61 days before the anticipated dismissal of the case
• Once you successfully complete the program and your case is dismissed, the court will review your expungement petition
• If you meet all legal requirements, the court must grant your expungement

This change helps participants avoid long delays and move on with their lives more quickly after graduating from the program.

See Expunging or sealing a criminal record basics for step-by-step help and to create the forms you need.

For more information about Problem-Solving courts, please visit the Illinois Association of Problem-Solving Courts website.