Overview Description

Records of arrests—or charges not initiated by an arrest—resulting in orders of first-offender probation can be sealed by the court three years after the petitioner's last sentence, unless section (c)(3)(E) applies. 20 ILCS 2630/5.2(c)(2)(E), (c)(3)(C), (c)(3)(E).

Ineligible Category or Citation

No statutory language regarding ineligible offenses.

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(d).

If the petitioner has earned a specified educational achievement during their sentence, the record can be sealed immediately upon the 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 without a 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).

Forms

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

Waiting Periods

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

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