Overview Description

When a conviction is vacated or reversed, the record of the arrest or charges not initiated by arrest can be expunged by the court. 20 ILCS 2630/5.2(b)(1).

Ineligible Category or Citation

See ineligible offenses in 20 ILCS 2630/5.2(a)(3).

Procedure General

The petition to expunge the records must be filed with the clerk of the court where the arrests occurred or the charges were brought, or both. If arrests occurred and charges were brought in multiple jurisdictions, a petition must be filed in each such jurisdiction. 20 ILCS 2630/5.2(d)(1). For the specific procedure, see 20 ILCS 2630/5.2(b), (d).

Fees

There is a fee, unless the petitioner qualifies for a fee waiver.  20 ILCS 2630/5.2(d)(1), (1.5), (10).

Effect

Arrest records are destroyed or returned to the person, and the court records are impounded. Law enforcement agencies and the court will reply to inquiries as if no record ever existed. 20 ILCS 2630/5.2(d)(9).

Forms

For applications regarding the expungement of records in Illinois, visit here.

Waiting Periods

The petition can be filed any time after the conviction is vacated or reversed.

 

(non-prod server)