Expungement / Record Sealing Petition and Eligibility Memo — Illinois

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Expungement / Record Sealing Petition and Eligibility Memo (ILLINOIS)

Quick-Reference Summary

Part A — Eligibility Memo

1. Statutory Framework

Illinois criminal-record relief is governed primarily by 20 ILCS 2630/5.2 (Criminal Identification Act, Section 5.2 — "Expungement, sealing, and immediate sealing"). The statute distinguishes three remedies:

• Expungement (20 ILCS 2630/5.2(b)) — physically destroys or returns the records and obliterates the petitioner's name from any official index or public record.
• Sealing (20 ILCS 2630/5.2(c)) — restricts the record from public access. Sealed records remain available to law enforcement, prosecutors, courts (including for sentence enhancement), and fingerprint-based background checks required for certain regulated occupations.
• Immediate Sealing (20 ILCS 2630/5.2(h)) — sealing without the otherwise-applicable waiting period for narrowly defined eligible Class 4 felonies and misdemeanors (e.g., prostitution-victim records; certain Class 4 possession offenses identified in the statute).

Juvenile records are governed separately by 705 ILCS 405/5-915; cannabis records by 410 ILCS 705/55-15 to 55-70 (Cannabis Regulation and Tax Act, P.A. 101-27).

2. Eligible Dispositions

3. Ineligible Offenses (Bars to Relief)

Cannot be expunged (unless reversed, vacated, or pardoned):

• Any misdemeanor or felony conviction.
• Minor traffic offenses, unless petitioner was released without being charged.
• Court supervision or qualified probation that was not successfully completed.
• Court supervision for: reckless driving (where petitioner was 25 or older at time of offense); driving under the influence; sex offenses against a minor under age 18.

Cannot be sealed (20 ILCS 2630/5.2(a)(3)):

• DUI (625 ILCS 5/11-501) — categorical bar.
• Reckless driving (625 ILCS 5/11-503) — bar with limited exception for offenders under 25 at time of offense who meet additional criteria.
• Domestic battery (720 ILCS 5/12-3.2); aggravated domestic battery.
• Violation of an order of protection; violation of a stalking-no-contact order; violation of a civil-no-contact order.
• Sex offenses requiring registration under SORA.
• Crimes against animals (510 ILCS 70/3.01 to 3.03).
• Dog-fighting offenses.
• DUI-equivalent municipal-ordinance violations.

4. Waiting Period — Calculation Rules

The waiting period runs from the last sentence in any jurisdiction (20 ILCS 2630/5.2(a)(1)(F)), not just the case being petitioned. A "sentence" includes: imprisonment; parole; probation; supervision; or qualified probation. The clock does NOT start until ALL of the following are complete:

• Discharge from incarceration;
• Termination of probation, supervision, or qualified probation;
• Discharge from parole or mandatory supervised release (MSR);
• Payment of all restitution (court costs and fines are not a bar but should be paid where possible).

A subsequent arrest that does not result in conviction does NOT restart the waiting period; a subsequent conviction may extend the period or render petitioner ineligible.

5. Subsequent-Conviction Bar; Unsealing

Sealing does not vacate the conviction. Under 20 ILCS 2630/5.2(c)(3), a sealed conviction may be unsealed on motion of the State's Attorney if the petitioner is subsequently convicted of a felony or Class A misdemeanor. A sealed conviction remains usable:

• For criminal-history scoring and sentencing enhancement in any later prosecution;
• For sex-offender, gun, and protection-order proceedings;
• For determining eligibility for diversion or first-offender treatment;
• For fingerprint-based licensing background checks in healthcare, school employment, law enforcement, financial services, insurance, and other regulated occupations.

6. Restitution and Outstanding Obligations

Outstanding restitution generally must be satisfied before the petition will be granted. Court costs are not a sentence and unpaid court costs do not bar relief (People v. Eubanks, 2014 IL App (1st) 130208; statutory amendments codify this rule). Petitioners should obtain a circuit-clerk balance statement before filing.

7. Effect of Relief

Expungement. Records are physically destroyed or returned to petitioner; petitioner's name is obliterated from public indexes. Petitioner may lawfully answer "No" to any question regarding the arrest, charge, or conviction (subject to fingerprint-required licensing inquiries).

Sealing. Record is removed from public view and most employer background checks. Petitioner may answer "No" to most employer inquiries but MUST disclose if the inquiry is for a position requiring a fingerprint-based background check (healthcare, school, law enforcement, financial, insurance) or for a sworn statement to a court, prosecutor, or licensing board with statutory access.

8. Automatic Relief Programs

• Automatic cannabis expungement (410 ILCS 705/55-15): The Illinois State Police automatically expunges qualifying minor cannabis arrests (possession of 30g or less, no associated violent offense) on a rolling schedule. No petition required.
• Gubernatorial cannabis pardon (410 ILCS 705/55-25): The Governor may pardon Class 4 cannabis possession convictions (up to 30g) en masse; pardoned conviction may then be expunged on petition.
• No statewide "Clean Slate" automatic-sealing law is currently in effect in Illinois (as of last update). Petitioners must affirmatively file for sealing of non-cannabis convictions.

9. Filing Procedure

1. Obtain the petitioner's full Illinois State Police rap sheet (Uniform Conviction Information Act request, 20 ILCS 2635/) and any FOIA arrest reports.
2. Confirm eligibility against 20 ILCS 2630/5.2(a)(3) categorical bars and waiting period.
3. Complete the Illinois Supreme Court Standardized Statewide Petition to Expunge and/or Seal Criminal Records for each county.
4. File in the circuit court of the county where the arrest/charge occurred. Pay $120 Circuit Clerk filing fee and $60 ISP fee (or file Application to Sue/Defend as Indigent Person under SCR 298).
5. Serve the State's Attorney, Illinois State Police (Bureau of Identification, Joliet), the arresting agency, the chief legal officer of the local unit of government, and the Illinois Department of Corrections (if applicable) by certified mail or personal service.
6. 60-day objection window. If no objection, the court SHALL grant the petition. If objection, the court sets a hearing.
7. After order is entered, the Circuit Clerk transmits a certified copy to ISP for entry/destruction in its records; ISP forwards to FBI/NCIC where applicable.

Part B — Petition Template

VERIFIED PETITION TO EXPUNGE AND/OR SEAL CRIMINAL RECORDS

NOW COMES Petitioner, [PETITIONER FULL LEGAL NAME], by and through [self / undersigned counsel], and respectfully petitions this Honorable Court pursuant to 20 ILCS 2630/5.2 for entry of an order expunging and/or sealing the criminal records identified herein. In support, Petitioner states as follows:

I. Petitioner

1. Petitioner's full legal name is: [________________________________].
2. All other names used by Petitioner (including former, married, maiden, and aliases): [________________________________].
3. Date of birth: [__/__/____].
4. Sex: [____]. Race: [____].
5. Petitioner's SID (State Identification) number (from ISP rap sheet): [________________________________].
6. FBI number (if available): [________________________________].
7. Current residential address: [________________________________].
8. Mailing address (if different): [________________________________].
9. Telephone: [________________________________]. Email: [________________________________].

II. Underlying Case(s) for Which Relief Is Sought

For each arrest, charge, or conviction Petitioner seeks to expunge or seal, complete the following block:

III. Statement of Eligibility

10. Petitioner avers that the records identified in Section II are eligible for the relief requested for the following reasons (check all applicable):

☐ The arrest(s) did not result in a conviction (20 ILCS 2630/5.2(b)(1)).
☐ Petitioner successfully completed court supervision and the applicable waiting period of 2 years (5 years for reckless driving supervision under age 25) has elapsed.
☐ Petitioner successfully completed qualified probation under [710-ILCS-570/410 / 720 ILCS 550/10 / TASC / Second Chance / OIP] and 5 years have elapsed.
☐ The conviction is eligible for sealing under 20 ILCS 2630/5.2(c) and at least 3 years have elapsed since completion of Petitioner's last sentence in any jurisdiction.
☐ The conviction was reversed, vacated, or pardoned. Certificate of Eligibility for Expungement (PRB) attached as Exhibit [____].
☐ The record is a qualifying cannabis offense under 410 ILCS 705/55-30.

11. Petitioner's last sentence in any jurisdiction terminated on [__/__/____].
12. Petitioner has no criminal cases currently pending in any jurisdiction. ☐ True ☐ False — If false, explain: [________________________________].
13. Petitioner has paid all restitution ordered in the case(s) identified above. ☐ True ☐ False — If false, explain: [________________________________].
14. The offense(s) identified are NOT subject to a categorical bar listed in 20 ILCS 2630/5.2(a)(3) (DUI; reckless driving with no under-25 exception; domestic battery; violation of OOP; sex-registration offenses; animal cruelty; dog-fighting).

IV. Grounds for Relief

15. The relief sought serves the rehabilitative purpose of 20 ILCS 2630/5.2 and will remove unjustified barriers to Petitioner's [employment / housing / education / professional licensing / military service / other: ____________].
16. Petitioner has demonstrated rehabilitation by [employment history; educational achievements; community involvement; treatment completion; passage of time without further criminal involvement]. Supporting documentation attached as Exhibit [____].
17. The State's interest in maintaining public access to the record is outweighed by the harm to Petitioner of continued public availability.

V. Service of Notice

18. Petitioner has caused (or will cause within [____] days) a copy of this Petition and the Notice to be served upon each of the following pursuant to 20 ILCS 2630/5.2(d)(3) and (g):

☐ [COUNTY] County State's Attorney
☐ Illinois State Police, Bureau of Identification, 260 N. Chicago Street, Joliet, IL 60432
☐ Arresting agency: [________________________________]
☐ Chief legal officer of the unit of local government effecting the arrest: [________________________________]
☐ Illinois Department of Corrections (if Petitioner served a sentence in IDOC custody): 1301 Concordia Court, Springfield, IL 62794
☐ Other (specify): [________________________________]

19. Method of service: ☐ Certified mail, return receipt requested ☐ Personal service ☐ Other (specify): [________________________________]. Proofs of service attached as Exhibit [____].

VI. Requested Relief

WHEREFORE, Petitioner respectfully requests that this Court enter an Order:

A. Expunging the records of the case(s) identified in Section II marked "Expungement," pursuant to 20 ILCS 2630/5.2(b), and directing the Illinois State Police, the arresting agency, the Circuit Clerk, and all other custodians to physically destroy or return the records and obliterate Petitioner's name from any official index or public record;

B. Sealing the records of the case(s) identified in Section II marked "Sealing," pursuant to 20 ILCS 2630/5.2(c), and directing the Illinois State Police, the arresting agency, the Circuit Clerk, and all other custodians to restrict access to the records consistent with the statute;

C. Ordering the Illinois State Police to forward the Order to the Federal Bureau of Investigation and the National Crime Information Center (NCIC) for appropriate action;

D. Waiving the filing fee pursuant to Supreme Court Rule 298 / 735 ILCS 5/5-105 (if applicable, with Application attached); and

E. Granting such further relief as the Court deems just.

Signature and Verification

Respectfully submitted,

VERIFICATION (735 ILCS 5/1-109). I, [PETITIONER NAME], being first duly sworn on oath (or affirmation), under penalties as provided by law pursuant to Section 1-109 of the Illinois Code of Civil Procedure, certify that the statements set forth in this Petition are true and correct, except as to matters therein stated to be on information and belief, and as to such matters I certify that I verily believe the same to be true.

Signed: __________________________________ Date: [__/__/____]

Part C — Filing Checklist

Pre-Filing

☐ Obtain Illinois State Police rap sheet (Uniform Conviction Information Act, 20 ILCS 2635/)
☐ Obtain FOIA arrest reports from arresting agency
☐ Pull certified disposition from Circuit Clerk for each case
☐ Confirm offense NOT subject to 20 ILCS 2630/5.2(a)(3) categorical bar
☐ Confirm waiting period elapsed (count from last sentence in any jurisdiction)
☐ Confirm no pending criminal cases
☐ Confirm all restitution paid; obtain Circuit Clerk balance statement
☐ Obtain Certificate of Eligibility from Prisoner Review Board (if seeking expungement of pardoned/reversed/vacated conviction)

Petition Preparation

☐ Complete Illinois Supreme Court Standardized Statewide Petition (one per county)
☐ Verify and sign petition under 735 ILCS 5/1-109
☐ Attach exhibits: rap sheet; certified disposition(s); PRB Certificate (if applicable); rehabilitation documentation
☐ Prepare Order (Standardized form)

Filing

☐ File with Circuit Clerk in county of arrest/charge
☐ Pay $120 Circuit Clerk filing fee + $60 ISP fee
☐ (If indigent) File Application to Sue/Defend as Indigent Person (SCR 298)
☐ Obtain stamped/file-marked copy

Service of Notice

☐ Serve State's Attorney by certified mail or in person
☐ Serve Illinois State Police, Bureau of Identification, Joliet, by certified mail
☐ Serve arresting agency
☐ Serve chief legal officer of the local unit of government
☐ Serve Illinois Department of Corrections (if applicable)
☐ File Proof of Service with Circuit Clerk

Post-Service

☐ Calendar 60-day objection deadline
☐ If no objection: confirm Court enters Order; obtain certified copies (one per custodian)
☐ If objection: prepare hearing brief; gather rehabilitation evidence; subpoena witnesses if necessary

Post-Order

☐ Mail certified Order to ISP, arresting agency, Circuit Clerk, and all custodians
☐ Verify destruction/sealing through follow-up ISP rap-sheet request 90-120 days later
☐ Advise Petitioner of effect (may answer "No" to expunged record questions; sealing limitations for fingerprint-based background checks)
☐ File petition for any cases in other counties (separate petitions per county)

Sources and References

• 20 ILCS 2630/5.2 — Criminal Identification Act, Expungement and Sealing: https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=002026300K5.2
• Illinois Courts Standardized Statewide Expungement/Sealing Petition forms: https://www.illinoiscourts.gov/forms/approved-forms/forms-approved-forms-circuit-court/
• Illinois Legal Aid — Expungement & Sealing Common Questions: https://www.illinoislegalaid.org/legal-information/expunging-or-sealing-criminal-record-common-questions
• Illinois State Police, Bureau of Identification — Conviction Information Request: https://isp.illinois.gov/CriminalHistory/UCIA
• Cannabis Regulation and Tax Act (410 ILCS 705/) — automatic cannabis expungement: https://www.ilga.gov/legislation/ilcs/ilcs5.asp?ActID=3992
• Prisoner Review Board — Certificate of Eligibility for Expungement: https://prb.illinois.gov/
• People v. Eubanks, 2014 IL App (1st) 130208 (court costs not a sentence; do not bar expungement)
• 705 ILCS 405/5-915 — Juvenile Court Act expungement: https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=070504050K5-915