Overview Description

Records relating to a misdemeanor or felony conviction can be sealed by the court three years after sentence completion, or immediately upon sentence completion if the person has attained a specified educational goal. 20 ILCS 2630/5.2(c).

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(c), (d).

If the petitioner has attained a specified educational goal during their sentence, the record can be sealed immediately upon completion of the sentence. 20 ILCS 2630/5.2(c)(3)(E).

Fees

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

Effect

The records are made unavailable unless requested by court order, and the petitioner's name is obliterated from the official index. 20 ILCS 2630/5.2(a)(1)(K). In response to any inquiry from anyone not authorized to access records, an agency is to reply as if no record ever existed. 20 ILCS 2630/5.2(d)(9)(C).  The Illinois State Police can release sealed felony conviction records to entities required or authorized by federal or state law. 20 ILCS 2630/1320 ILCS 2605/2605-315, et. seq.

Forms

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

Waiting Periods

The petition can be filed three years after sentence completion. If the petitioner has attained a specified educational goal during their sentence, the record can be sealed immediately upon sentence completion. 20 ILCS 2630/5.2(c)(2)(D), (c)(3)(C), (c)(3)(E).

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