Overview Description

Records relating to a conviction for which the person served all or part of a sentence of incarceration, but was found factually innocent, can be expunged by the court. 20 ILCS 2630/5.2(8); 735 ILCS 5/2-702(h).


Ineligible Category or Citation

Offenses other than felonies. 735 ILCS 5/2-702(h).

Procedure General

The petition for factual innocence must be filed in the circuit court. If the certificate is granted, the court enters an order expunging the arrest records and sealing the records of the clerk of the court and state police. For the specific procedure, see 20 ILCS 2630/5.2(b)(8); 735 ILCS 5/2-702(h).



There is no statutory language regarding fees.


Arrest records destroyed or returned to the person. The state police and circuit court clerk's records will be sealed if good cause can be shown. The person's name will be obliterated from the circuit court clerk's index. 20 ILCS 2630/5.2(8); 735 ILCS 5/2-702(h).

Waiting Periods

The petition can be filed any time after the certificate is granted.


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