FAQ

To have the record physically destroyed by the agencies and government bodies holding it or to have the hard copies of the record returned to the petitioner. When the record is destroyed, the petitioner’s name is also removed from any official index or public record.

To physically and electronically maintain records, but to make the records unavailable to the public without a court order. When the record is sealed, petitioner’s name is also removed from any official index or public record. However, law enforcement agencies and the courts will still have access to the records.

Expunged records are destroyed by the agencies or returned to the petitioner, while sealed records are maintained by the agencies but are not disclosed to the general public. Law enforcement and prosecutors, however, will still have access to the sealed records.

Yes, the waiting requirements for sealing and expunging are different. If both options are available, you may seal your record first and expunge it later.

A Certificate of Good Conduct is a remedy available to those that cannot have their record expunged or sealed. This Certificate helps employment prospects, as an employer may not be held civilly or criminally liable for an act or omission by an employee who has been issued a Certificate of Good Conduct.

Certificate of Relief From Disabilities is a remedy available to individuals who are seeking an Illinois license (i.e., real estate license), but are barred from obtaining it due to their criminal record. The Certificate lifts these restrictions, making the individuals statutorily eligible for the license.

A petition for executive clemency is how a pardon from the Governor is requested.

Illinois law limits the type and level of offenses that can be expunged or sealed. If the Governor grants a petition with authorization to expunge, the previously ineligible record can then be petitioned for expungement at the Circuit Court.

After the petitions are filed, the state’s attorney, state’s police, and all other notified parties have 60 days to object. If the judge grants the petition, an order is entered and all state agencies have 60 days to expunge or seal the record. Typical duration for the full process is about 6 months.

Yes, every arrest and every charge brought forth without an arrest creates a record, unless such record is expunged or sealed, it remains accessible to the public.

No, there is no such thing as automatic expungement. If you have been arrested, or charged without an arrest, even if you received court supervision, or the case was dismissed, the charges were dropped, or you were found not guilty, you will have a record unless you expunge it or seal it.

Not necessarily. Some employers conduct more thorough investigations than others and online background search websites are often inaccurate. Your online background search might have only looked at the state conviction records. Records that do not end in convictions may be found with the clerk of the circuit court, the state’s attorneys office, the village prosecutor, the state police, the county sheriff, or the village police. Where the record is retained depends on who made the arrest, who prosecuted the case, and how far in the adjudication process the case reached before being disposed of.

No. Illinois law prohibits potential employers (except those limited agencies specifically permitted by law) from asking whether you ever had a record expunged or sealed.

No, courts have discretion to grant or deny these petitions, even when the record is eligible for expungement or sealing. The court may look into pre-disposition or post-disposition behavior to determine how to rule. Factors that the courts will consider include (1) the strength of the state’s case against the petition, (2) the state’s reasons for wishing to retain the record, (3) the petitioner’s age, criminal record, and employment history, (4) the length of time that has elapsed between the arrest and the petition to expunge, and (5) the specific adverse consequences the petitioner may endure should expungement be denied.

Any sentence which involves probation (excluding qualified probation), conditional discharge, time served, or incarceration.

Court supervision, nolle prosequi (NP), stricken off with leave to reinstate (SOL), finding of no probable cause (FNPC), dismissal, not guilty, qualified probation (first offender drug probation or TASC probation).

False. Crimes of violence charges, which are not convictions, can be expunged. Additionally, effective January, 2015, crimes of violence charges resulting in convictions can be sealed.

Only in certain circumstances. Proof of a clean drug test taken within the last 30 days before the filing of the petition must be submitted along with a petition to expunge or seal records of qualified probation, or to seal records of Class 3 and Class 4 felonies.

The Illinois Criminal Identity Act permits the sealing of the following Class 4 felony convictions:

• Prostitution;
• Possession of Cannabis;
• Possession of Controlled Substance;
• Offenses under Methamphetamine Act;
• Offenses under Steroid Act;
• Theft;
• Retail Theft;
• Deceptive Practices;
• Forgery
• Possession of Burglary Tools;

• Theft;
• Retail Theft
• Deceptive Practices;
• Forgery;

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