Does Illinois have automatic expungement?
Asked by: Buster Bednar | Last update: September 14, 2025Score: 4.8/5 (69 votes)
It is important to know that there is no automatic expungement of adult arrest or criminal court records in Illinois. Even if you were only arrested and never charged or your case was later dismissed or you were found not guilty, those records all exist until you actively seek to expunge them.
What is the new expungement law in Illinois?
Illinois became the 23rd state that will automatically expunge a juvenile's record in certain circumstances. The law will take effect on Jan. 1, 2025.
Will my expunged record show up on a background check in Illinois?
It must be a 5 panel drug test. What Happens After a Case Is Expunged or Sealed? Once a judge signs an order to expunge or seal, the Clerk of the Circuit Court will remove all records from their system including their public access system so the information does not appear on a background check.
Does Illinois have a clean slate law?
From job prospects to housing opportunities, a criminal record can create significant barriers. Fortunately, Illinois law provides a way for eligible individuals to clear their records through a process known as expungement.
How do I expunge my criminal record in Illinois for free?
A fee waiver allows you to file for free, or at a reduced cost. You must send a copy of your Motion and Notice of Motion forms to the State's Attorney, Arresting Agencies, Chief Legal Officer of the Unit of Local Government, and Illinois State Police. Learn more about filing a motion.
Illinois Expungement FAQs
How much does it cost to get your record expunged in Illinois?
Expunging Your Record ($375.00)
Includes locating your record, if necessary. Identifying which government entities the petitions and court orders must be sent to. Preparing petitions, orders, notices, and any corroborating documents.
Do I need a lawyer to expunge my record in Illinois?
You can usually expunge your record if you successfully completed the diversion program, supervision or your charge was dismissed. DO YOU NEED A LAWYER? You do not have to have a lawyer to seal or expunge your record, but you may decide to hire one to help with the process.
What felonies can be expunged in Illinois?
Certain felony convictions, including Class 4 and some non-violent Class 3 and 4 offenses, may be eligible for expungement or sealing in Illinois. Expunging or sealing a criminal record in Illinois can have significant benefits, including improving job, housing, and financial opportunities, and providing a fresh start.
What is considered a clean criminal record?
Lawyers will advise you that clean criminal records are ones in which no convictions are present. Some of the items that will appear on criminal records include: Convictions and arrests. Dismissals.
How to apply for clean slate program in Illinois?
To apply for the Clean Slate Program, people must complete an application and provide proof that they could not make their child support payments during the "assistance period" because the applicant: (1) was unemployed; (2) incarcerated; or (3) had a serious illness which prevented them from paying child support.
How long does expungement take in Illinois?
Once the Order is signed, the Circuit Clerk has about 60 days to seal or expunge the cases from public record. For most Illinois counties, the process will take approximately 4 months. However, due to the number of individuals living in and near Chicago, the process for Cook County can take about 10 months.
Who can see your record after expungement?
Also, certain government agencies will almost always have access to expunged records. Courts, law enforcement, prosecutors, and other criminal justice agencies can access expunged records for future criminal investigations and charging and sentencing decisions.
How far back can a background check go in Illinois?
How Far Back Does a Background Check Go in Illinois? The FCRA limits reporting on any criminal arrests that failed to result in a conviction that occurred more than seven years ago. If the candidate is being considered for a position that pays a salary of at least $75,000 this time restriction does not apply.
What is not expungeable Illinois?
Arrest, charges or sentences that cannot be expunged (erased): Any arrests, charges, or sentences outside Illinois. Any federal criminal cases, even if they happened in Illinois. Any sentences you have not yet completed, including parole, probation, or court supervision.
Can you reverse an expungement?
A Type of Dismissal
Instead, it is used to clear defendants' records after sentencing. In most states, an expungement would not be reversed because the defendant already served their sentence.
Can you get your driving record expunged in Illinois?
In order to expunge a record, Illinois law determines that a traffic violation needs to be a criminal charge, not merely a traffic ticket. Therefore, if your charge was deemed minor, it cannot be sealed from your driving record. However, more significant charges may be expunged with the assistance of an attorney.
Does your criminal record clear after 7 years?
Some people have the misconception that their criminal record will “clear” after a period of 7 years. This is a misnomer. Although your criminal record does not automatically clear after 7 years, you can take steps to have your case expunged or your record sealed.
How do you know if you have a clean background check?
If you want to know whether you passed your check, you can either reach out to the employer who requested it or reach out to the background check company itself. Ultimately, you can fight for yourself, especially if you fail your background record check.
How do you answer "Do you have a clear criminal record?"?
Be Honest: Transparency is key. If the job application or interview process requires disclosure of criminal history, provide accurate information about your past convictions. Avoid minimizing or omitting details, as this could jeopardize your credibility and trustworthiness.
How long do felonies stay on your record?
In California, a felony conviction stays on your record forever if you do not get it expunged. You may be eligible for an expungement if you did not serve time in state prison.
Can I own a gun with an expunged felony in Illinois?
You can't get a gun in Illinois if you've been convicted of a felony. A small number of people are eligible for felony record expungement, though, so it's a good idea to talk to a Chicago expungement attorney about your situation if you think you might be eligible.
How do I check on my expungement status?
Contact the Clerk of Court
Another effective way to confirm your expungement status is by contacting the Clerk of Court in the jurisdiction where your case was filed.
How long does a felony stay on your record in Illinois?
In Illinois, crimes stay on your record forever unless you take steps to expunge or seal them. This means that unless you act, your criminal record will be accessible to employers, landlords, and others who conduct background checks.
Can you expunge your record without a lawyer?
Yes. You are allowed to pursue your case “pro se,” meaning without an attorney. The court might provide the forms you need to file the petition. However, the process of expunging a criminal record can be challenging.
How to start the expungement process in Illinois?
- Gather the necessary documents and information needed to research your case. ...
- Contact an experienced Illinois expungement lawyer. ...
- Complete the necessary paper work with the help of your lawyer.
- Have your attorney file the case with the court.