More arrests and convictions are eligible to be cleared than most people realize — but DUI convictions, serious felonies, and sex offenses are not. Here's the breakdown.
| Record Type | Expunge? | Seal? | Waiting Period | Notes |
|---|---|---|---|---|
| Arrests — no conviction | Yes (generally) | N/A (expunge instead) | Varies (immediately eligible in many cases) | Dismissed charges, acquittals, nolle prosequi dispositions. |
| Court supervision (non-traffic) | Yes | N/A (expunge instead) | 2 years after end of supervision | Supervision that was successfully completed. |
| Misdemeanor convictions (most) | No | Yes | 3 years after sentence completion | Does not apply to certain sex, domestic violence, or DUI convictions. |
| Class 4 felony convictions (many) | No | Yes (if not on exclusion list) | 4 years after sentence completion | Check 20 ILCS 2630/5.2(d)(9)(A) for excluded offenses. |
| DUI conviction | No | No | N/A | DUI convictions are not eligible for expungement or sealing under any circumstances. |
| Sex offenses (registration required) | No | No | N/A | Excluded from all sealing and expungement. |
| Murder / serious violent felonies | No | No | N/A | Excluded from all sealing and expungement. |
| Class X felony convictions | No | No | N/A | Excluded from sealing. May be eligible under specific circumstances — consult an attorney. |
| Marijuana-related arrests & convictions | Many Yes | Many Yes | Varies; some automatic under ILCS amendments | Illinois Cannabis Regulation and Tax Act (2019) created automatic expungement for many low-level cannabis offenses. |
Expungement physically destroys or obliterates the records of an arrest or court proceeding. After expungement, the event effectively did not happen in the eyes of Illinois law — with limited exceptions, you can lawfully state on most applications that you were not arrested or charged.
Sealing restricts access to the records rather than destroying them. Sealed records are not accessible by the general public, but law enforcement, certain government agencies, and some licensing bodies can still see them. For most private employers and landlords conducting background checks, sealed records do not appear.
Both processes require a petition filed with the circuit court where the case occurred, proper notice to the arresting agency and State's Attorney, and a waiting period that varies by the nature of the disposition.
Illinois law (20 ILCS 2630/5.2) allows expungement for:
Arrests that did not result in conviction — including dismissed charges, acquittals (not guilty verdicts), cases where the State entered a nolle prosequi (declined to prosecute), and charges filed but later stricken.
Certain supervision dispositions — if you received court supervision (not a conviction) on a qualifying charge and successfully completed it, the record is typically eligible for expungement after the applicable waiting period (usually 2 years).
Cannabis-related arrests and convictions — the Illinois Cannabis Regulation and Tax Act (410 ILCS 705) created mechanisms for automatic expungement of certain low-level cannabis arrests and convictions. Eligibility depends on the amount involved and the date of the offense.
Expungement is not available for DUI convictions, serious felony convictions, sex offenses requiring registration, or most other convictions — regardless of how old they are.
Record sealing covers a broader category than expungement and includes most misdemeanor convictions and many (but not all) felony convictions, subject to the exclusions listed in 20 ILCS 2630/5.2(d)(9).
Eligible for sealing (subject to waiting period): - Most misdemeanor convictions - Many Class 3 and Class 4 felony convictions - Felony convictions for which sentences have been served
Not eligible for sealing: - DUI convictions (any) - Domestic battery convictions - Sex offenses requiring registration - Violations of orders of protection - Certain violent felony convictions
The waiting period for sealing is generally 3 years after completing the sentence for misdemeanors, and 4 years for most felonies. "Completing the sentence" includes finishing any probation, parole, or supervised release period.
Filing for expungement or sealing in Illinois involves:
1. Obtaining your Illinois State Police record — to confirm what's actually on file. This costs a small fee and can be requested online through the ISP.
2. Filing a petition in each circuit court where a qualifying case was handled. If you have cases in multiple counties, separate petitions are required in each jurisdiction.
3. Serving the petition on the State's Attorney and the arresting agency (usually the local police department). They have the right to object.
4. Attending a hearing if an objection is filed. If no one objects within the required period, most courts grant the petition.
5. Order distribution — after a successful petition, the order must be sent to the Illinois State Police, arresting agencies, and any other entities that hold the records.
The whole process typically takes 2 to 6 months from filing to completion. There are filing fees ($60–$120 in most counties), and attorney fees if you hire counsel.
Eligibility determinations are not always straightforward. The exclusion lists include overlapping statutory references that interact in ways that aren't obvious. Courts have found that some dispositions that look like convictions are actually supervision — or vice versa — with different eligibility consequences.
An attorney reviewing your actual rap sheet (not just what you remember) can: - Identify cases you may have forgotten or not known about - Determine the correct disposition type for each case - Spot eligibility for automatic cannabis expungement under the 2019 act - File in multiple counties simultaneously - Handle any State's Attorney objections
If your record is costing you job opportunities, housing, or professional licensing, the question is not whether to pursue expungement — it's which records qualify and how to move efficiently through the process.
Logan Bierman handles expungement and record sealing across Illinois. Free consultation — he'll review your record and tell you exactly what's eligible and what it takes.
(312) 291-1639 — Call Now →This article is for general informational purposes only and does not constitute legal advice. Eligibility rules change; consult a licensed Illinois attorney about your specific record.
A free consultation means a direct conversation about your situation: what the legal options are, what the process looks like, and what comes next.