Illinois Expungement Laws: Eligibility, Sealing, and How to File (2026)

Illinois offers two distinct ways to clear a criminal record under 20 ILCS 2630/5.2: expungement, which physically destroys or returns records, and sealing, which hides records from most public access while preserving them for law enforcement.

Information last verified on September 1, 2026. This article has not yet been reviewed by a licensed attorney.

Jurisdiction scope: This article covers Illinois state law only. For a comparison of expungement rules across all 50 states, see Expungement Laws by State.

Expungement vs. Sealing in Illinois

Illinois law draws a sharp distinction between expungement and sealing, and that distinction controls which relief is available to you.

Under 20 ILCS 2630/5.2(a)(1), expungement means the physical destruction of records or their return to the petitioner. After expungement, the arrest or charge is treated as if it never occurred. Sealing, by contrast, means the records are preserved but locked away from public view. Members of the public, private employers, and landlords conducting background checks generally cannot access sealed records, but law enforcement agencies, certain licensing bodies, and prosecutors retain access. Because most convictions are only eligible for sealing and not for expungement, it is important to understand both options before filing. The Illinois State Police Bureau of Identification (ISP BOI) enforces compliance after a court order is entered, and the ISP Expungement Unit at ISP.Expungement.Unit@illinois.gov can answer questions about whether a specific record has been processed.

Who Qualifies for Expungement in Illinois

Expungement under 20 ILCS 2630/5.2(b) is available in Illinois for a defined set of dispositions, and convictions rarely qualify. If your case ended in an acquittal, a dismissal, or release without charging, you may file a petition immediately with no waiting period. If your conviction was reversed or vacated on appeal, you are also immediately eligible. For cases that ended in an order of court supervision, you must wait two years after successfully completing supervision before filing, with the exception of certain offenses including domestic battery, criminal sexual abuse (720 ILCS 5/11-1.50), and vehicle insurance violations, which carry a five-year supervision wait. For qualified probation (such as 710-1410 drug probation, TASC probation, or Second Chance Probation), the waiting period is five years from the date of successful termination. Most standard convictions cannot be expunged; they can only be sealed or cleared through a Governor's pardon followed by Prisoner Review Board approval.

Who Qualifies for Sealing in Illinois

Sealing covers a broader range of dispositions, including many misdemeanor and felony convictions that are ineligible for expungement. Under 20 ILCS 2630/5.2(c)(3)(B), misdemeanor convictions and municipal ordinance violations may be sealed 2 years after the termination of the petitioner's last sentence. That 2-year period is current law, not a pending change: the Illinois Clean Slate Act became Public Act 104-0459 when the Governor approved it on January 16, 2026, and it took effect on June 1, 2026, shortening the former three-year wait.

The same 2-year track in 5.2(c)(3)(B) also covers records of court supervision, records of qualified probation, and convictions sentenced to probation or conditional discharge that were completed without revocation. Felony convictions fall under 5.2(c)(2)(F) and are sealable 3 years after the termination of the last sentence under 5.2(c)(3)(C). Under 5.2(c)(3)(E), a felony conviction may instead be sealed immediately upon termination of the last sentence if the petitioner earned a high school diploma, a GED, an associate's or bachelor's degree, or a career or vocational technical certificate during the sentence or during mandatory supervised release.

The Clean Slate Act also removed the rule that a later conviction could defeat a sealing petition; subsection 5.2(c)(4) now reads simply "(Blank)." Second Chance Probation under 730 ILCS 5/5-6-3.4 is expressly listed as qualified probation in 5.2(a)(1)(J), so records of it are eligible under 5.2(c)(2)(C-5) and fall on the 2-year track rather than carrying no waiting period at all. Arrests released without charging, acquittals, dismissals, and reversed or vacated convictions may be sealed at any time under 5.2(c)(3)(A), with no waiting period.

Offenses That Cannot Be Expunged or Sealed

20 ILCS 2630/5.2 contains two different exclusion lists, and the difference between them decides which relief is off the table. Subsection (a)(3)(A) bars both sealing and expungement, and it reaches only three categories: any sexual offense committed against a minor; driving under the influence under 625 ILCS 5/11-501; and reckless driving under 625 ILCS 5/11-503. Subsection (a)(3)(B) separately bars both forms of relief for minor traffic offenses, unless the petitioner was arrested and released without charging.

Subsection (a)(3)(C) is a much longer list, but by its own terms it bars sealing only, not expungement. It covers offenses under Article 11 of the Criminal Code other than prostitution under Section 11-14 and misdemeanor public indecency under Section 11-30; offenses under Sections 11-1.50, 12-3.4, 12-15, 12-30, 26-5, and 48-1; domestic battery and battery of an unborn child under Sections 12-3.1 and 12-3.2, along with violations of a stalking no contact order or a civil no contact order; Class A misdemeanor and felony offenses under the Humane Care for Animals Act; and any offense or attempted offense that would require registration under the Sex Offender Registration Act. Because 5.2(b)(1)(iii) limits expungement of a successfully completed order of supervision by reference to subsections (a)(3)(A) and (a)(3)(B) but not (a)(3)(C), a supervision disposition on one of these charges can still be expunged after the applicable waiting period. In practice this matters less than it sounds, because expungement is otherwise confined to non-conviction outcomes, but the blanket statement that these offenses can never be expunged is not what the statute says.

The reckless driving exclusion carries a narrow exception, and it turns on the petitioner's age when the offense occurred rather than at sentencing. Under 5.2(a)(3)(A)(iii), a misdemeanor violation of subsection (a) of Section 11-503 that occurred before the offender reached the age of 25 years falls outside the exclusion, provided the offender has no other conviction under Section 11-501 or 11-503. Relief then becomes available only once the petitioner has actually reached age 25: 5.2(b)(2)(B)(i-5) sets that point for expungement of a supervision disposition, and 5.2(c)(3)(D) sets it for sealing.

Class X felony convictions are not on either petition-based exclusion list. Petition-based sealing under 5.2(c)(2)(F) reaches felony convictions generally unless subsection (a)(3) excludes them, and subsection (a)(3) contains no Class X exclusion, so a Class X conviction that is not independently listed there is eligible for sealing 3 years after the termination of the last sentence. Class X felonies are excluded only from the automatic sealing program described below, by 5.2(k)(3)(B). Convictions requiring public registration under the Arsonist Registry Act or the Murderer and Violent Offender Against Youth Registration Act are likewise not permanently barred: 5.2(c)(3)(C) provides that they may not be sealed until the petitioner is no longer required to register under the relevant Act, which defers sealing rather than foreclosing it. Only an offense that would require registration under the Sex Offender Registration Act is permanently barred from sealing, by 5.2(a)(3)(C)(v).

One further qualifier applies to all of these exclusions. Subsection (a)(3) opens with the phrase "Except as otherwise provided in subsections (b)(5), (b)(6), (b)(8), (e), (e-5), and (e-6) of this Section." An executive pardon from the Governor that authorizes expungement, a finding of factual innocence, and a certificate of innocence therefore remain live routes to relief even for an offense on these lists, which is why a pardon is worth pursuing where an ordinary petition would fail.

Cannabis Offense Expungement

The Cannabis Regulation and Tax Act (410 ILCS 705), which took effect on June 25, 2019, created separate automatic expungement pathways for cannabis-related arrests and convictions. For non-conviction arrest records involving 30 grams or fewer of cannabis, the Illinois State Police must automatically expunge those records on a staggered schedule: records created from January 1, 2013 through June 25, 2019 were due by January 1, 2021; records from January 1, 2000 through December 31, 2012 were due by January 1, 2023; and records created before January 1, 2000 were due by January 1, 2025. For conviction records involving misdemeanor or Class 4 felony cannabis violations of Sections 4 or 5 of the Cannabis Control Act, individuals or the State's Attorney may file a motion to vacate and expunge in the circuit court. Conviction records involving 30 grams or less of cannabis were also forwarded to the Illinois Prisoner Review Board for consideration under the Governor's pardon and expungement process. Approximately 770,000 cannabis-related records statewide were eligible for clearing under this framework.

Automatic Sealing Under the Clean Slate Act

Illinois Governor J.B. Pritzker signed House Bill 1836, the Illinois Clean Slate Act, on January 16, 2026. It became Public Act 104-0459 and took effect on June 1, 2026. The law eliminates the manual petition requirement for eligible nonviolent records and instead puts the sealing process on an automated government-driven schedule, added to the Criminal Identification Act as subsection 5.2(k). The statute makes the new duties it imposes on the Illinois State Police and on circuit clerks subject to appropriations being made for that purpose.

The automated system goes live on January 1, 2029. From that date the Illinois State Police must identify and seal eligible records at least quarterly and electronically notify circuit court clerks of records originating in their counties; clerks then have 90 days to seal records held electronically. Records created on or after January 1, 1970 are processed in three retroactive waves: records created on or after July 1, 2005 are to be identified and sealed by the Illinois State Police by January 1, 2030, with clerks completing sealing by January 1, 2031; records from July 1, 1990 through June 30, 2005 by January 1, 2031, with clerks completing by January 1, 2032; and records from July 1, 1970 through June 30, 1990 by January 1, 2032, with clerks completing by January 1, 2034. The law covers convictions, dismissed charges, reversed charges, and arrests.

Automatic sealing is narrower than petition-based sealing. Beyond the exclusions in subsection (a)(3), subsection (k)(3) makes records ineligible while the person is serving a sentence or has charges pending, and (k)(3)(B) excludes convictions for offenses under Article 9 or Article 11 of the Criminal Code, felonies designated as Class X, felonies requiring registration under the Sex Offender Registration Act, and convictions for a crime of violence as defined in the Drug Court Treatment Act. Prostitution under Section 11-14 is expressly carved back in as eligible. Approximately 1.74 million of Illinois's 2.2 million adults with a record history are estimated to qualify. Individuals who already qualify under the petition-based system do not need to wait until 2029, and petitioning now remains available, which matters for a Class X or registry-related conviction that is petition-sealable but excluded from the automatic program.

How to File a Petition for Expungement or Sealing

Filing a petition for expungement or sealing in Illinois involves the circuit court of the county where the arrest or charge occurred. The Office of the State Appellate Defender (OSAD) and Illinois Legal Aid Online both provide approved statewide forms, last updated in October 2024, that are accepted at every courthouse in Illinois. To begin, obtain your complete criminal history from the Illinois State Police through the Access and Review process. Complete the approved Expungement and Sealing Request form, along with the Notice of Filing. Contact the circuit court clerk in the relevant county to confirm filing fees, required number of copies, and whether in-person, mail, or e-filing is accepted. Filing fees typically total $120 to $170, which includes a $60 court filing fee and a $60 ISP processing fee, plus certified copy charges; fee waivers are available for those who cannot afford the costs. After filing, the State's Attorney, the ISP, and the arresting authority each have 60 days to file a written objection. If no objection is filed and the court grants the petition, the circuit clerk distributes the order to relevant agencies, which then have 60 days to physically expunge or seal the records. OSAD can be reached toll-free at 866-787-1776 or by email at Expungement@osad.state.il.us.

Disclaimer: This article describes Illinois expungement and sealing law as of September 1, 2026, based on 20 ILCS 2630/5.2 as amended by Public Act 104-0459 and related statutes. It is provided for general informational purposes only and does not constitute legal advice. Eligibility depends on your specific record and circumstances. Consult a licensed Illinois attorney before filing any petition.

Related Articles

• Expungement Laws by State: Compare eligibility rules, waiting periods, and automatic expungement laws across all 50 states.
• DUI Expungement by State: Which States Allow It: Illinois prohibits DUI expungement; see which states allow it.
• How to Check If Your Record Has Been Expunged: Steps to verify your expungement or sealing status with the Illinois State Police.

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RecordingLaw.com provides legal information, not legal advice. Laws change; verify current statutes at ilga.gov before relying on this article.

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