What is the legal difference between expungement and record sealing in Illinois?

Expungement physically erases and destroys your arrest records and court clerk files so they completely cease to exist. Under 20 ILCS 2630/5.2, expungement is generally limited to non-convictions (dismissals, acquittals, arrests without charges), court supervision, and qualified first-offender probations. Record sealing, by contrast, leaves the record intact but seals it from public access, background checks, private employers, and landlords. Sealing is available for most misdemeanor and Class 3/4 felony convictions.

Can a DUI be expunged or sealed from a criminal record in Illinois?

No. Under 20 ILCS 2630/5.2(a)(3)(A), Driving Under the Influence (625 ILCS 5/11-501 or similar municipal ordinance) is permanently barred from both expungement and record sealing in Illinois, even if you successfully satisfied court supervision. The only way to remove a DUI disposition is through an Executive Pardon with expungement authorization from the Governor.

What is the waiting period to seal a misdemeanor or felony conviction in Illinois?

Under 20 ILCS 2630/5.2(c)(2), the standard waiting period to seal eligible misdemeanor and Class 3 or Class 4 felony convictions is 3 years from the date you successfully complete your last court sentence (including jail, probation, conditional discharge, or parole). However, if you earned an educational milestone (high school diploma, GED, associate degree, or vocational certificate) during your sentence, the waiting period is waived immediately under Section 5.2(c)(2)(E).

How does the educational milestone waiver work under 20 ILCS 2630/5.2(c)(2)(E)?

If you earned a high school diploma, GED, associate degree, career certificate, or vocational certificate while serving your sentence, Illinois law eliminates the standard 3-year waiting period for conviction sealing. You become eligible to file a Petition to Seal immediately upon completion of your sentence, provided you attach certified proof of your degree or certificate to your court petition.

Can reckless driving court supervision be expunged in Illinois?

Yes, but with strict conditions under 20 ILCS 2630/5.2(b)(2)(B)(i). Reckless driving (625 ILCS 5/11-503) supervision is expungeable ONLY if you were under 25 years of age at the time of the offense, have completed a 5-year waiting period from your supervision discharge date, and have had zero subsequent criminal convictions. If you were 25 or older when the offense occurred, reckless driving supervision is barred from expungement.

Are arrests without charges or dismissed cases automatically expunged in Illinois?

No, in most instances you must file a formal Petition to Expunge with the Circuit Clerk of the county where the arrest occurred, serve notice on the Illinois State Police (ISP) and the arresting police agency, and obtain a signed expungement order from a judge. Zero waiting period is required for arrests without charges, dismissals, and acquittals under 20 ILCS 2630/5.2(b)(1).

Illinois Expungement & Record Sealing Eligibility Checker (20 ILCS 2630)

01 / ELIGIBILITY CALCULATOR

Instant Statutory Eligibility Assessment

Court Disposition / Case Outcome

Offense Category

Sentence / Supervision Completion Date

ELIGIBILITY OUTCOME

Statutory Finding

ELIGIBLE TO EXPUNGE NOW

AVAILABLE REMEDY Expungement

STATUTORY CITATION 20 ILCS 2630/5.2(b)(2)(A)

STATUTORY WAITING PERIOD 2 Years

EARLIEST FILING DATE Immediately

ACTIONABLE STATUTORY DIRECTIVES

02 / COMPARATIVE ANALYSIS

Expungement vs. Record Sealing Comparison

Physical Expungement

PERMANENT ERASURE

Expungement physically destroys police records, arrest fingerprints, mugshots, and court clerk docket entries. The record is treated in law as if the arrest and court case never occurred.

Records Affected: Police files destroyed, clerk records expunged, ISP files erased.
Who Can View: Nobody (records cease to exist).
Eligibility Scope: Arrests without charges, dismissals, acquittals, court supervision, and qualified first-offender probations.
Waiting Period: 0 years (dismissals) to 2–5 years (supervision & qualified probation).

Governing Statute: 20 ILCS 2630/5.2(b). Standard Illinois statewide expungement petition required.

Record Sealing

CONFIDENTIAL / SEALED

Record sealing hides your criminal conviction from public view, private background checks, employers, and landlords, while remaining accessible to law enforcement, courts, and sensitive employers.

Records Affected: Closed to public background screening; confidential in ISP database.
Who Can View: Law enforcement, judges, state's attorneys, schools, and healthcare agencies.
Eligibility Scope: Most Class A, B, C misdemeanor convictions and eligible Class 3/4 felony convictions.
Waiting Period: 3 years from final sentence completion (or 0 years with educational degree).

Governing Statute: 20 ILCS 2630/5.2(c). Clean criminal record during the 3-year waiting window required.

03 / STATUTORY SCHEDULE

Illinois Record Relief Waiting Periods (20 ILCS 2630)

Disposition & Offense Type	Relief Type	Waiting Period	Key Statutory Condition	Illinois Citation
Arrest (No Charges Filed)	Expungement	0 Years (Immediate)	Statute of limitations passed or release without charging	20 ILCS 2630/5.2(b)(1)
Dismissal, Acquittal, SOL, Nolle Pros	Expungement	0 Years (Immediate)	Charges formally dismissed with no finding of guilty	20 ILCS 2630/5.2(b)(1)
Court Supervision (Standard Offenses)	Expungement	2 Years	Successful discharge from court supervision without revocation	20 ILCS 2630/5.2(b)(2)(A)
Qualified First-Offender Probation	Expungement	5 Years	710-510, Sec 10, Sec 40-10, or Second Chance probation discharge	20 ILCS 2630/5.2(b)(2)(C)
Uninsured Motor Vehicle (625 ILCS 5/3-707)	Expungement	5 Years	5-year waiting period specifically mandated for 3-707 supervision	20 ILCS 2630/5.2(b)(2)(B)(ii)
Reckless Driving Supervision (< 25 Years Old)	Expungement	5 Years	Must be under age 25 at time of offense + 0 subsequent convictions	20 ILCS 2630/5.2(b)(2)(B)(i)
Misdemeanor & Class 3/4 Felony Convictions	Record Sealing	3 Years	3 years from completion of last sentence (jail, probation, parole)	20 ILCS 2630/5.2(c)(2)
Conviction with Educational Milestone	Record Sealing	0 Years (Immediate)	Earned HS diploma, GED, associate degree, or cert while serving sentence	20 ILCS 2630/5.2(c)(2)(E)
DUI (625 ILCS 5/11-501 or Ordinance)	Barred	Never (Statutory Bar)	Strict statutory exclusion; requires Executive Pardon from Governor	20 ILCS 2630/5.2(a)(3)(A)

04 / STATUTORY EXCLUSIONS

Non-Expungeable & Non-Sealable Offenses (20 ILCS 2630/5.2(a)(3))

Driving Under the Influence (DUI)

PERMANENT BAR

Illinois law strictly prohibits courts from expunging or sealing any DUI disposition (625 ILCS 5/11-501 or local ordinance), including court supervision. The Secretary of State driving abstract permanently retains DUI dispositions.

Only relief available is an Executive Pardon with Expungement Authorization from the Governor of Illinois.

Domestic Violence & Protection Orders

SEALING BARRED

Convictions for Domestic Battery (720 ILCS 5/12-3.2), Aggravated Domestic Battery (12-3.3), Battery against a family member, and Violation of an Order of Protection (12-3.4) cannot be sealed under Crime Victims Rights Act mandates.

Non-conviction dispositions (dismissals, acquittals) remain immediately expungeable.

Sex Offenses & Registration Crimes

PERMANENT BAR

Any offense requiring registration under the Sex Offender Registration Act (SORA) or defined under Article 11 of the Criminal Code is strictly barred from expungement and record sealing.

Statutory exclusion: 20 ILCS 2630/5.2(a)(3)(C).

Class X & Class 1 Violent Felonies

SEALING BARRED

Class X non-probationable felonies, Class 1 violent felonies, armed violence, aggravated vehicular hijacking, and murder convictions cannot be sealed by a Circuit Court.

Eligible felonies for sealing are restricted to Class 3, Class 4, and non-violent property/drug offenses.

05 / FILING CHECKLIST

5-Step Illinois Expungement & Sealing Protocol

STEP 01

Request Access & Review Criminal History Transcript

Submit fingerprinting for an Illinois State Police (ISP) Access and Review background check. This provides a complete statewide criminal history transcript detailing all arrests, law enforcement agency reporting codes, case numbers, and dispositions.

STEP 02

Obtain Certified Dispositions from Circuit Court Clerk

Visit the Circuit Court Clerk in each county where you were arrested or charged. Request certified copies of the Order of Discharge, Sentencing Order, or Case Disposition Sheet to confirm the formal termination date and satisfied court obligations.

STEP 03

Prepare Approved Statewide Illinois Supreme Court Forms

Complete the standardized statewide forms: Petition to Expunge Offenses (for non-convictions/supervision) or Petition to Seal Offenses (for convictions), Notice of Filing, and Proposed Order. If filing under the educational milestone waiver (20 ILCS 2630/5.2(c)(2)(E)), attach certified educational diplomas.

STEP 04

File Petition & Serve Statutory Notice

File your petition with the Circuit Clerk (electronic filing via eFileIL). Statutory notice must be formally served upon the Illinois State Police, the State's Attorney, and the Arresting Police Agency. These agencies have 60 days to file an objection.

STEP 05

Judicial Hearing & Dispatch of Expungement/Sealing Order

If no objections are filed within 60 days, the judge may grant the petition without a hearing. If an objection is filed, the court will schedule a hearing. Once signed, the Circuit Clerk dispatches the certified court order to the ISP, arresting agencies, and FBI to update and clear criminal records.

06 / FREQUENTLY ASKED QUESTIONS

Illinois Expungement & Sealing FAQ

Can marijuana / cannabis convictions be expunged in Illinois?

Yes. Under the Cannabis Regulation and Tax Act (410 ILCS 705/10-10) and Section 5.2 of the Criminal Identification Act, minor cannabis offenses involving 30 grams or less are subject to automatic expungement. For possession of 30 to 500 grams, individuals can file a petition for expungement through the Circuit Court or seek an expungement recommendation via the Illinois Prisoner Review Board.

How long does the entire expungement process take in Illinois?

The expungement and record sealing process typically takes between 4 to 9 months from initial petition filing to final record destruction. The statutory 60-day notice period for law enforcement objections is mandatory, followed by judicial review and up to 60 days for the Illinois State Police and local departments to process the signed court order.

Can an employer ask about expunged or sealed records in Illinois?

No. Under the Illinois Human Rights Act (775 ILCS 5/2-103) and the Job Opportunities for Qualified Applicants Act (Ban the Box), it is unlawful for employers to inquire about, consider, or discriminate based on expunged or sealed records, or arrests that did not lead to a conviction.

What is the filing fee for expungement in Illinois?

Filing fees vary by county (typically ranging from $60 to $200 per petition) plus a $60 Illinois State Police processing fee. However, petitioners with low income or receiving public assistance can file an Application for Waiver of Court Fees (Fee Waiver) under Supreme Court Rule 298 to have 100% of filing and ISP fees waived.

Illinois Expungement & Record Sealing Checker