ILLINOIS
How to Clear Your Criminal Record
in Illinois
in Illinois
A free, plain English guide to expungement and record sealing under Illinois law — including automatic cannabis expungement and who qualifies for each pathway.
LEGAL TERMS
Expungement / Sealing
FILING FEE
Varies by county
GOVERNING LAW
20 ILCS 2630/5.2
What You Need to Know First
Have a cannabis conviction? Illinois automatically expunged over 780,000 minor cannabis offense records since legalizing cannabis in 2020. If you had a cannabis arrest or conviction for possession under 30 grams before June 25, 2019, your record may already be cleared — no action needed.
Illinois offers both expungement and sealing under the Criminal Identification Act (20 ILCS 2630/5.2). Understanding which applies to your situation is the critical first step — they are not the same and do not apply to the same cases.
Expungement
STRONGEST RELIEF
Physically destroys or returns your records and removes your name from all public indexes. Available mainly for arrests that did not result in conviction — dismissed charges, acquittals, and successfully completed court supervision. Most convictions cannot be expunged except certain cannabis offenses.
Record Sealing
MORE WIDELY AVAILABLE
Hides your record from public view but does not destroy it. Law enforcement and certain agencies can still see it. Available for many misdemeanor and felony convictions that cannot be expunged — after a waiting period and with some offense exclusions.
Expungement — Who Qualifies
ELIGIBLE FOR EXPUNGEMENT
- Arrest — acquitted, dismissed, or released without charges
- Court supervision — successfully completed (after 2-year wait)
- Qualified probation — 710, 1410, TASC, or first offender drug probation (after 5 years)
- Second Chance probation — successfully completed
- Conviction reversed or vacated
- Governor's pardon authorizing expungement
- Cannabis minor offenses — automatic (see below)
NOT ELIGIBLE FOR EXPUNGEMENT
- Most misdemeanor and felony convictions
- DUI convictions
- Sex offenses and offenses against minors
- Domestic battery and violation of order of protection
- Stalking convictions
- Offenses requiring sex offender registration
Sealing — Who Qualifies
Sealing is available for many convictions that cannot be expunged. Illinois expanded sealing eligibility significantly in recent years — even some felony convictions can now be sealed.
ELIGIBLE FOR SEALING
- Most misdemeanor convictions — after 3-year wait
- Many Class 3 and Class 4 felony convictions — listed in statute
- Arrests not resulting in conviction — any time
- Court supervision — after 2-year wait
- First felony conviction — in many cases sealable
NOT ELIGIBLE FOR SEALING
- DUI convictions
- Sex offenses requiring registration
Waiting Periods
Dismissed charges or acquittals — expungement
Immediately
Court supervision completed — expungement
2 years
Court supervision or conviction — sealing
3 years
Qualified probation completed — expungement
5 years
Certain supervision dispositions — including domestic battery and criminal sexual abuse supervision — require a 5-year wait before expungement, not the standard 2 years. Always verify your specific offense category before filing.
Cannabis Records — Automatic Expungement
Illinois automatically expunged over 780,000 cannabis records since legalizing cannabis in 2020. If you had a minor cannabis offense arrest before June 25, 2019, your record may already be cleared without any action from you.
Under the Cannabis Regulation and Tax Act, Illinois automatically expunges non-conviction records for possession, delivery, or manufacture of under 30 grams of cannabis. Here's how it works:
1
Non-Conviction Cannabis Arrests — Automatic
If you were arrested for a minor cannabis offense before June 25, 2019 and no charges were filed, or charges were dismissed or you were acquitted, your police record is automatically expunged. No action needed. Verify at the Illinois State Police at isp.illinois.gov.
2
Cannabis Convictions — Governor's Pardon Process
If you were convicted of a minor cannabis offense, the record goes to the Prisoner Review Board, which recommends a Governor's pardon authorizing expungement. Many convictions have already been pardoned. Check your status at Illinois.gov.
3
File Your Own Motion — Cannabis Convictions
For misdemeanor or Class 4 felony cannabis convictions under Sections 4 and 5 of the Cannabis Control Act, you can file a Motion to Vacate and Expunge yourself using free forms at illinoislegalaid.org. Free legal help is available through New Leaf Illinois at (855) 963-9532.
How to File — Step by Step
1
Get Your Criminal Record
Request a copy of your Illinois criminal history from the Illinois State Police at isp.illinois.gov. If you were arrested in Chicago, also request your Chicago Police RAP sheet. Use the Illinois Legal Aid eligibility tool to confirm whether you qualify for expungement or sealing.
2
Download the Correct Forms
Official Illinois expungement and sealing forms are available from the Illinois Office of the Courts at illinoiscourts.gov. Illinois Legal Aid Online also offers an Easy Form tool that prepares your forms based on your answers.
3
File in the Correct County
File your petition with the circuit court clerk in the county where the arrest or conviction occurred. If you were arrested or convicted in multiple counties, you must file a separate petition in each county. Pay the filing fee or request a fee waiver if you fall below federal poverty guidelines.
4
The Court Notifies Agencies
The circuit clerk serves notice of your petition to the State's Attorney, Illinois State Police, the arresting agency, and the chief legal officer of the arresting municipality. Each has the opportunity to object. If no objection is filed within 60 days, the court typically grants the petition.
5
Attend a Hearing if Required
If law enforcement or the State's Attorney objects, a hearing will be scheduled. Come prepared with evidence of rehabilitation — steady employment, community involvement, and family support all strengthen your case.
6
After the Order Is Granted
Agencies have 60 days to comply with the order. For expungement, records are physically destroyed or returned and your name is removed from public indexes. For sealing, records are made unavailable without a court order. The entire process typically takes 4 to 6 months.
Official Forms
Expungement and Sealing Forms
Official standardized forms for Illinois expungement and sealing petitions from the Illinois Office of the Courts
Download at illinoiscourts.gov →
Easy Form — Eligibility Tool
Free online tool from Illinois Legal Aid that prepares your expungement or sealing forms based on your answers
Use at illinoislegalaid.org →
Cannabis Expungement Forms
Motion to Vacate and Expunge forms for eligible cannabis convictions — free from Illinois Legal Aid
Download at illinoislegalaid.org →
Request Your Illinois Criminal History
Request a copy of your record from the Illinois State Police before filing
Request at isp.illinois.gov →
Helpful Resources
FREE LEGAL HELP
Illinois Legal Aid Online
Free guides, eligibility tools, and Easy Forms for expungement and sealing throughout Illinois
illinoislegalaid.org →
FREE CANNABIS HELP
New Leaf Illinois
Free legal representation and help clearing cannabis records — statewide network of 20 nonprofits. Call (855) 963-9532.
newleafillinois.org →
HOUSING, FOOD & BENEFITS
findhelp.org
Search thousands of free and reduced-cost programs for housing, food, work, and more in your area
findhelp.org →
JOB SEARCH HELP
American Job Centers
Free job search assistance, resume help, and training — including resources for people with records
careeronestop.org →
CANNABIS RECORD STATUS
Illinois State Police
Verify the status of cannabis expungements and request your criminal history
isp.illinois.gov →
Frequently Asked Questions
What is the difference between expungement and sealing in Illinois?
Expungement physically destroys or returns your records and removes your name from all public indexes — it is the stronger remedy. Sealing hides your record from public view but does not destroy it — law enforcement and certain agencies can still access sealed records. Expungement is generally only available for arrests that did not result in conviction. Sealing is more widely available for many misdemeanor and felony convictions.
Can a felony be expunged or sealed in Illinois?
Most felony convictions cannot be expunged but many can be sealed. Illinois expanded sealing eligibility to cover many Class 3 and Class 4 felony convictions. However Class 1, Class 2, and most serious felonies cannot be sealed. A second felony conviction also generally prevents sealing of the first. Check the specific offense against the list in 20 ILCS 2630/5.2 or use the Illinois Legal Aid eligibility tool.
Was my cannabis record automatically cleared?
It may have been. Illinois automatically expunged non-conviction records for minor cannabis offenses — possession, delivery, or manufacture of under 30 grams — committed before June 25, 2019. Over 780,000 records have been cleared. Request a copy of your criminal history from the Illinois State Police to verify the status of your record. For cannabis convictions, contact New Leaf Illinois at (855) 963-9532 for free help.
Can employers see my record after expungement or sealing?
Generally no — Illinois law prohibits private and public employers from considering expunged or sealed records in employment decisions. Employers cannot ask whether you have had records expunged or sealed. Exceptions exist for law enforcement employment, childcare positions, and jobs regulated by the Illinois Department of Financial and Professional Regulation that require fingerprint background checks — those employers may still see sealed felony records.
How long does the process take?
The process typically takes 4 to 6 months from filing to completion. After an order is granted, agencies have 60 days to comply. The timeline varies by county and whether any agency objects to the petition. Cook County cases may take longer due to higher volume.
Do I need an attorney?
Not required — Illinois Legal Aid Online offers free Easy Form tools that prepare your forms based on your answers, and the Illinois Office of the Courts provides standardized forms for every county. For cannabis records, New Leaf Illinois provides free legal representation statewide. For complex cases involving multiple counties, objections from law enforcement, or felony sealing petitions, an attorney is strongly recommended.
After Your Record Is Cleared
After expungement or sealing in Illinois, most employers and landlords cannot see your record and are prohibited by law from asking about expunged or sealed records. This applies to both private and public employers.
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Employment
Illinois law prohibits employers from considering expunged or sealed records in hiring decisions. They cannot ask whether you have had records expunged or sealed. Law enforcement employers, childcare employers, and certain regulated industries are exceptions.
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Gun Rights
Expungement of a dismissed charge or acquittal generally restores firearm rights since there was no conviction. Sealing of a felony conviction does not restore gun rights under federal law. If you have a felony conviction on your record, consult a licensed Illinois attorney before purchasing or possessing a firearm.
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Professional Licensing
Illinois prohibits most licensing boards from considering expunged or sealed records. However, certain regulated professions — healthcare, law, childcare, financial services — may still have access to sealed felony records. Check with the specific licensing board before applying.
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Background Check Databases
Third-party background check companies may take time to update their databases. Keep a certified copy of your expungement or sealing order. If an old record appears, provide the order to the reporting agency and dispute it. Note that federal agencies including the FBI are not required to follow Illinois expungement orders and may retain records in their systems.
For general information about what changes after expungement — including housing, employment resources, and more — visit our After Expungement page.
This guide is for informational purposes only and does not constitute legal advice. Laws change — always verify current requirements with your county court clerk or a licensed attorney in your state before filing.