Expungement in Illinois: Who Qualifies and How to Apply
Everyone makes mistakes—but not everyone has to live with them forever. In Illinois, expungement or sealing of a criminal record can offer a fresh start for people ready to move forward. Whether you were arrested but never convicted, or you’ve completed a sentence for a minor offense, expungement could be the key to accessing better employment, housing, and peace of mind.
At Bernard Law, we believe that everyone deserves a second chance. That’s why we’ve launched a new confidential Expungement Survey to help individuals determine if they qualify for relief under Illinois law. In this blog, we’ll break down how expungement in Illinois works, who is eligible, and how to begin the process.
What Is Expungement in Illinois?
Expungement is a legal process that allows qualifying individuals to erase certain criminal records from public view. When a record is expunged, it is as though the incident never happened—meaning it won’t appear on background checks for employment, housing, or other opportunities.
This is different from sealing, which hides the record from most of the public but keeps it accessible to certain government agencies, law enforcement, and employers in sensitive fields. Both options can be life-changing, and understanding the difference is the first step toward deciding what’s best for your situation.
Who Qualifies for Expungement?
Illinois expungement eligibility depends on several factors, including the outcome of your case, the type of offense, and your criminal history. You may qualify for expungement if:
You were arrested but never charged
Your case was dismissed or resulted in acquittal
You completed court supervision for certain misdemeanors
You completed qualified diversion programs
However, not all records can be expunged. For example, convictions generally cannot be expunged (though they may be eligible for sealing). Felony convictions, in particular, are subject to stricter rules. Some misdemeanor and felony convictions may be sealed after a waiting period, provided you’ve stayed out of legal trouble since completing your sentence.
If you’re not eligible for expungement, don’t lose hope—record sealing can still provide meaningful relief. Our legal team can help you explore every available option.
The Illinois Expungement Process: Step by Step
The Illinois expungement process begins with gathering your criminal records. You’ll need a complete Illinois State Police RAP sheet (Record of Arrests and Prosecutions) and court documents from every case you want considered.
Once you have your records, the process typically involves:
Reviewing your eligibility: This is where our new Expungement Survey can help. By answering a few questions, you’ll allow our team to assess your situation and determine if you may qualify for expungement or sealing.
Filing a petition: You or your attorney must file a petition in the county where the arrest or charge occurred. The petition outlines which records you want expunged and why you qualify under Illinois law.
Serving notice: Copies of your petition must be sent to relevant parties, including the State’s Attorney’s Office, Illinois State Police, and arresting agency. These entities have the right to object.
Attending a court hearing (if required): In some cases, especially where there’s an objection, the court will hold a hearing. A judge will decide whether to grant or deny the petition based on the evidence, your criminal history, and other legal factors.
Implementing the order: If your expungement is granted, the clerk of court and the Illinois State Police will carry out the order, removing the records from public access.
This entire process can take several months. That’s why it’s helpful to work with an experienced attorney who can navigate delays, respond to objections, and keep the process moving forward.
Why Expungement Matters
A criminal record can follow you for years—even for arrests that didn’t lead to convictions. Employers, landlords, licensing boards, and even schools often rely on background checks to make decisions. Expungement offers a legal way to take control of your narrative and remove unnecessary barriers from your life.
Some of the most common reasons people seek expungement include:
Difficulty finding a job
Rejection from housing opportunities
Challenges in pursuing education or professional licenses
Emotional distress from past legal issues resurfacing
Expungement is not about erasing the past—it’s about reclaiming your future.
Why Take the Survey?
Our Expungement Survey is designed to be quick, private, and informative. Completing it does not guarantee that you qualify, but it gives our team the information needed to start the conversation.
We’ll review your answers, evaluate your eligibility, and reach out to discuss your next steps. For many people, this is the first action they’ve taken in years toward moving on—and we’re honored to guide them through it.
Let Bernard Law Help You Start Fresh
Navigating expungement laws can feel overwhelming, especially when your future is on the line. At Bernard Law, we’re committed to helping you understand your rights, assess your options, and pursue the second chance you deserve.
Whether you’re just starting to explore expungement Illinois options or you’re ready to file, our legal team is here to help. If you think you may qualify—or you just want to explore the possibility—take our confidential Expungement Survey today. It’s a small step that could lead to big change.