Illinois Expungement: Eligibility and Application Guide

For many people with an arrest or court record in Illinois, clearing that history can open the door to new employment opportunities, housing, education, and overall peace of mind. While not every record can be erased, Illinois law provides one of the more comprehensive pathways in the country for clearing eligible cases through expungement in Illinois. Understanding who qualifies—and how to navigate the application process—is essential for anyone hoping to make a fresh start. 

This guide reviews eligibility under Illinois statutes, how the petition process works, and common challenges applicants face. Whether you were arrested but never charged or successfully completed court-ordered supervision, an expungement may be available depending on your circumstances. 

Understanding Expungement Under Illinois Law 

Illinois provides two primary forms of record relief: expungement and sealing. Expungement removes the record from public view and orders the arresting agency and courts to physically destroy or return the file. Sealing, on the other hand, hides the record from most public background checks but keeps it available to law enforcement. 

Expungement is governed by 20 ILCS 2630/5.2, which outlines what can be removed, timelines, and procedures. Under this statute, eligibility depends on the type of case, the final outcome, and whether any waiting periods apply. 

Expungement is not available for every conviction. However, many arrests, dismissals, acquittals, and completed supervision may qualify. 

Who Qualifies for Expungement in Illinois? 

Determining Illinois expungement eligibility depends on the outcome of your case and your overall record. The categories below outline when expungement may be available under state law. 

1. Arrests Not Leading to Conviction 

You may qualify if you were arrested but not charged, or if your case was dismissed, acquitted, or stricken off with leave to reinstate (SOL) after any required waiting period. Illinois law seeks to prevent lasting records for cases that did not result in guilt. 

2. Cases Resulting in Court Supervision 

Most supervision cases qualify after a two-year waiting period. However, some offenses—such as domestic battery, DUI, and sexual offenses—are never eligible for expungement, even when supervision was granted. 

3. Qualifying Convictions Through Special Programs 

While standard convictions cannot be expunged, exceptions exist. Minor cannabis offenses may be cleared automatically under 715 ILCS 160, and completion of programs like the Offender Initiative Program (OIP) or Second Chance Probation under 720 ILCS 570/410 can allow expungement. 

4. Identity Theft Wrong-Person Cases 

If your identity was used without permission and linked to criminal activity, you may qualify for expedited relief under 5 ILCS 179/20. 

Understanding these categories is key to determining whether your record can be cleared. Reviewing your case details and applicable statutes helps ensure you pursue the right path toward record relief. 

Cases That Cannot Be Expunged 

Illinois limits what records can be cleared. Convictions cannot be expunged unless a statute specifically allows it. DUI cases remain ineligible even with supervision, and reckless driving cannot be expunged for anyone over 25. Sex offenses, domestic battery convictions, and violations of orders of protection are also excluded. 

If expungement is not possible, record sealing may still offer an alternative. 

The Illinois Expungement Process 

Once you confirm eligibility, the next step is filing a petition in the circuit court where your case took place. Understanding the Illinois expungement process helps prevent delays. 

Step 1: Obtain Your Criminal Record 

Collect your Statewide Criminal History Transcript, case numbers, dispositions, and arrest details. Accurate information is essential to avoid denial. 

Step 2: Complete the Required Forms 

Each county provides its own expungement and sealing forms, including the petition, notice of filing, and proposed order. Requirements may vary, so check local guidelines. 

Step 3: File With the Circuit Clerk 

File in the county where the arrest happened. Fees typically range from $120 to $160, with waivers available for those who qualify. 

Step 4: Agency Notification 

The clerk forwards your petition to the State’s Attorney, the arresting agency, and the Illinois State Police. These agencies have 60 days to object. 

Step 5: Court Review or Hearing 

If no objections are filed, the judge may approve the petition without a hearing. If objections arise, a hearing is set, and you must show that your case meets statutory requirements. 

Step 6: Record Clearing 

If the petition is granted, agencies update or destroy the record. Full processing may take up to 60 days. 

While the process involves several steps, careful preparation and accurate documentation can make expungement far more attainable. 

Why Hire an Expungement Lawyer? 

While you can file your petition alone, the process is often complex and unforgiving. Illinois courts strictly interpret expungement law, and even small errors—such as misreporting a disposition or filing before the waiting period ends—can lead to immediate denial. 

A Chicago expungement lawyer is beneficial because they can ensure your petition meets all statutory requirements and navigate common difficulties, including: 

• Conflicting Records: Resolving differences between agency and court records. 

• Waiting Periods: Ensuring the petition is filed at the correct time. 

• Objections & Unknown Issues: Dealing with past supervision failures, reclassified cases, or surprise convictions on your record. 

Thorough record review and legal expertise are essential for success. 

How Bernard Law Can Help

At Bernard Law, we help individuals review their records, determine eligibility, and navigate the filing process so they can move forward with confidence. Expungement petitions require careful attention to detail, and we guide clients step-by-step—from retrieving documents through final court approval. Whether you need help understanding eligibility, responding to objections, or preparing for a hearing, we help you pursue the clean slate the law allows. 

If you have questions about your case, Illinois expungement eligibility, or need guidance through the Illinois expungement process, reach out to us for guidance. As a Chicago criminal defense law firm, we understand how important it is to clear your record and restore your opportunities. Contact us today for a free consultation. We’re here to support you every step of the way.