Overview Description

Records of convictions that directly resulted from being a victim of human trafficking can be sealed by the court immediately. 20 ILCS 2630/5.2(h).

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition to seal 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. For specific procedure, see 20 ILCS 2630/5.2(c), (d).

Fees

There is no statutory language regarding fees.

Effect

The records are made unavailable without a court order and petitioner's name is obliterated from the official index. 20 ILCS 2630/5.2(a)(1)(K). In response to inquiry from anyone not authorized to access records, agency replies as if no record ever existed. 20 ILCS 2630/5.2(d)(9)(C).

Forms

An expungement form can be found here.

Waiting Periods

There is no waiting period.

(non-prod server)