Expungement or record sealing can provide a fresh start by removing the barriers associated with a criminal record. Contact us today!
Having a criminal record can create significant barriers to employment, housing, education, and personal opportunities. Fortunately, Illinois law provides a process for individuals to expunge or seal their criminal records. But what does that mean, and who is eligible? In this guide, we’ll break down everything you need to know about expungement in Illinois, including eligibility, the application process, and how a lawyer can help.
📞 Need help? Contact Schierer & Ritchie, LLC, to discuss your case today!
What is Expungement?
Expungement is a legal process that erases a criminal record, making it as though the offense never occurred. Once a record is expunged, it does not appear in background checks conducted by employers, landlords, or law enforcement agencies.
Expungement differs from record sealing:
- Expungement: Completely removes the record from public access.
- Sealing: Hides the record from public view but allows law enforcement and certain agencies to access it.
Under Illinois law, the Criminal Identification Act (20 ILCS 2630/5.2) governs expungement and record sealing. (Illinois General Assembly)
Who is Eligible for Expungement in Illinois?
Not everyone is eligible for expungement. In general, you may qualify for expungement if:
- Your case did not lead to a conviction (e.g., charges dismissed, acquitted, or completed court supervision).
- You successfully completed qualified supervision or probation.
- You were pardoned by the governor with authorization for expungement.
- Your conviction was reversed or vacated.
However, convictions generally cannot be expunged, except in rare cases such as:
- Certain minor cannabis offenses under the Illinois Cannabis Regulation and Tax Act (410 ILCS 705/5-5). (Illinois General Assembly)
- Convictions were pardoned with authorization for expungement by the Illinois Governor.
If you are not eligible for expungement, you may still qualify for record sealing, which is more widely available.
What Records Can Be Sealed in Illinois?
If you do not qualify for expungement, you may be able to seal your record instead. Sealing restricts access to your record, making it invisible to most employers and landlords.
Eligible for sealing:
- Most misdemeanors and felonies after a waiting period of 3 years (excluding certain offenses).
- Arrests that did not lead to a conviction.
Not eligible for sealing:
- DUI convictions
- Domestic battery convictions
- Sex crimes and violent offenses
For a full list of offenses that cannot be sealed, refer to (20 ILCS 2630/5.2). (Illinois General Assembly)
How to Expunge or Seal Your Record in Illinois
Step 1: Obtain Your Criminal Record
You will need a copy of your criminal record, which can be requested from the Illinois State Police or your local police department. (Illinois State Police)
Step 2: Determine Eligibility
Use the Illinois Legal Aid online expungement eligibility tool or consult an attorney to confirm whether you qualify for expungement or sealing. (Illinois Legal Aid Online)
Step 3: Complete the Necessary Forms
You must file a Petition to Expunge or Seal Criminal Records in the county’s circuit court where the arrest or conviction occurred. Forms are available on the Illinois Courts website. (Illinois Courts)
Step 4: File the Petition and Pay the Fees
- File your petition at the county courthouse.
- Pay applicable filing fees (varies by county but typically $120-$160).
- Fee waivers may be available if you meet low-income requirements.
Step 5: Attend a Court Hearing (If Required)
- Some counties require a court hearing where a judge reviews your case.
- The State’s Attorney’s Office or law enforcement may object to the petition.
- If approved, your record will be ordered for expungement or sealing.
Step 6: Wait for Processing
If approved, it typically takes 60-90 days for records to be removed from databases. (Illinois Legal Aid Online)
How Long Does Expungement Take in Illinois?
The entire process usually takes 4-6 months, depending on:
- County workload and court schedules.
- Whether law enforcement objects to the request.
- The complexity of the case.
Some cases can be processed faster with attorney assistance.
Do I Need a Lawyer to Expunge My Record?
While it is not legally required to have a lawyer, hiring an attorney can:
- Ensure accuracy in your petition.
- Help fight objections from prosecutors or law enforcement.
- Speed up the process by avoiding errors.
If you need legal assistance, Schierer & Ritchie, LLC can help guide you through the expungement process and maximize your chances of success.
Take Control of Your Future
Expungement or record sealing can provide a fresh start by removing the barriers associated with a criminal record. If you think you might qualify, take action today to restore your opportunities in employment, housing, and education.
📞 Need help? Contact Schierer & Ritchie, LLC, to discuss your case today!