Sealing and Expunging Criminal Records in Illinois

Employers and other agencies often conduct background checks on prospective business partners or employees. A person's honesty is often perceived negatively when they have a criminal record. When a criminal record appears, it can hinder the person's chances of advancement in life, particularly in terms of employment or career. In Illinois, all information regarding arrests, charges, court dispositions, convictions, and corrections is documented in a system available for public inspection. Therefore, an opportunity to remove these records from public view may aid affected individuals.

Generally, there are two ways to remove criminal records from public view: sealing or expunction. According to the Illinois Criminal Identification Act, 20 ILCS 2630/0.01, et seq., persons or entities who may request the sealing or expunction of criminal records are:

• The persons listed in the record
• The victims of the criminal record
• Persons with a court order or an executive order

To expunge a record in Illinois is to destroy or obliterate all evidence of an official record. Expungement may be done upon request by the petitioner for eligible offenses. Under these provisions, Class A misdemeanors, felony offenses, and sex offenses are generally not eligible for expungement. However, records of arrest and legal actions that occurred before the individual turned 18 may be eligible for expungement, with the exception of first-degree murder and sex offenses.

The Difference Between Sealing and Expunging Criminal Records

According to 20 ILCS 2630/5.2, there are differences between sealing records and the expunction of records. To seal a record according to Illinois statutes is to remove it from public view. Expunction, on the other hand, involves destroying or eliminating the records from the system.

Sealing and expunction are identical in that the records are invisible to the public and criminal history checks, but remain visible to the court or law enforcement agencies. The difference is that sealed records may be released by court order, while expunged records cannot. An expunged record clears the holder of any responsibility for their criminal past.

How to Seal a Criminal Record in Illinois

The Criminal Identification Act lists the class 3 and 4 felonies as being eligible for sealing:

• Possession of Cannabis (Marijuana) and other controlled substances
• Violations under the Methamphetamine Precursor Control Act
• Possession of controlled substances with the intent to manufacture and deliver
• Prostitution
• Breaches under the Steroid Control Act;
• Theft (retail or otherwise)
• Dishonest practices
• Falsification and other acts of forgery
• Possession of larceny tools

Category 1 and 2 felonies generally do not qualify for sealing under the laws of the state. Most misdemeanors, however, do, with some exceptions:

• Driving Under the Influence (DUI)
• Reckless driving for persons older than 25 years
• Sexual offenses against a minor
• Minor traffic offenses
• Indecency in public
• Felonious sexual practices
• Patronizing a prostitute
• Violation of protection orders
• Violation of Animal protection rights, such as Dogfights
• Domestic violence
• Sex Offenses that qualify for registration under the Sex Offender Registration Act

The waiting period between a request to seal and the actual act of sealing generally depends on the type of offense. In Illinois, waiting periods range from zero to two or three years to 25 years. Completing education milestones, such as graduating from high school or earning a university degree, may also qualify the individual to have their records sealed.

Note that sealing requests are processed more quickly than expunctions. To seal a criminal record, follow these steps:

Request copies of the records and have them certified for authenticity. They may be available either in the Circuit Court as a court disposition or as rap sheets with the Illinois State Police. Contact the Chicago Police Department if the arrest took place in Chicago:

Chicago Police Headquarters
3510 S. Michigan Avenue
Chicago, IL (312) 745-5508

• Examine the records thoroughly to identify which of them are sealable. If possible, consider seeking the assistance of an attorney to complete this task. Note that multiple offenses typically require separate applications.
• Download and fill out the Expunction or Request to Seal Forms. Other forms provide more details of the application process on the website.
• Submit the completed forms to the Circuit Court of the county where the record was generated. If there are multiple counties involved, use the Additional Notice of Filing for Expunction or Sealing of Criminal Record. Prepare to pay a processing fee of not less than $10. Persons who cannot afford the court processing fees must fill out and submit the Application for Fee Waiver Form. Denied requests may be reviewed if the applicant requests reconsideration within 60 days of the denial date. If necessary, file an appeal to the Appellate Court of the state for a review.
• The court clerk schedules a date for the hearing and communicates it to the requester either in person or by mail. Attendance by the applicant at the hearing is COMPULSORY.
• If the request is granted, the Circuit Court Judge issues an order to the Illinois State Police and other involved law enforcement agencies named in the application to seal the record. For individuals seeking to seal prison records, additional certificates of relief issued by the state's Prisoner Review Board may assist with the application.

What Crimes May Be Expunged in Illinois?

The Illinois Criminal Identification Act provides a list of offenses that are eligible for expunction. By the rule of thumb, all felony convictions and sexual offenses against a minor are ineligible for expunction. The same rules apply to DUIs, reckless driving, and driving with a revoked driver's license. Some of the eligible cases are:

• Arrest records that led to no charges or a dismissal of charges
• Overturned convictions
• Completed court probation for first-time offenses under the Illinois Controlled Substances Act
• Completed court supervision (court supervision does not result in a conviction; therefore, such records may qualify to be expunged)

It takes much longer for expunction processes to complete in Illinois. Most of them take five years, while some may take as long as 25 years. Records that are eligible for immediate expunction are records that do not have any convictions listed.

Can a Felony be Expunged in Illinois?

Illinois law allows for the expungement of a wide range of felony convictions, save violent felonies, sex offenses, and DUI. Violent offenses—unlike their nonviolent counterparts—may remain on file forever. According to the Illinois Code, nonviolent felonies, such as theft and shoplifting, may be sealed or expunged, subject to certain eligibility requirements.

As stated by the Illinois Code, the terms of eligibility for the expungement of non-violent felonies include:

• If the individual was not arrested before they were convicted (received a guilty verdict).
• If all charges were dismissed.
• If the applicant is up to 25 years old.
• If it has been 5 years since the applicant’s last arrest, end of sentence, or parole.
• If the applicant does not have pending charges.

Eligible felonies are expunged at the Circuit Court of the county where the applicant’s case was held. Every applicant is advised to submit a complete typewritten petition and Acknowledgement Form, as failure to follow application guidelines may result in a rejection. Notably, individuals whose application for expungement is rejected have to wait for four years before refiling.

How to Expunge Criminal Records in Illinois

The process of expunging criminal records in Illinois is the same as that of sealing records. Similarly, the forms are designed for both processes. It would require that the applicant restrict the completion of the forms to sections that apply only to expunction. Also, the waiting time differs from that of sealing records in that it is longer. Persons with criminal records that were generated before 17 years are said to have juvenile records, and they have a slightly different process for expunging their criminal records. For juvenile record expunction, use the Get Started Guide to Juvenile Expungement of Records available on the Court website.

Do Sealed Records Show up In Illinois Background Checks?

No. In Illinois, sealed records are invisible when criminal history checks are conducted. They are only accessible to the persons named in the record and the law enforcement agencies of the state. However, unlike expunged records, sealed records are not entirely inaccessible. If an inquirer probes further and files a petition to unseal the record, it may be made available by court order or executive order. Also note that healthcare, childcare, and public safety agencies have a default unrestricted access to sealed records when conducting criminal history checks for current or prospective employees.

Who may See Sealed Criminal Records in Illinois?

In Illinois, persons who may access sealed criminal records generally include the parties involved in the case, their attorneys, and authorized staff of law enforcement agencies. Although most employers cannot access sealed records, healthcare, childcare, and security categories can. Sections 13 and 14 of the Criminal Identification Act permit the retention of index numbers for records sealed after official indexing in the system.

How may I Get My Record Expunged for Free in Illinois?

Record expungement is not free in Illinois; fees apply, which vary by court and county. The State Police may also charge a processing fee for criminal history records, amongst other things. If the applicant decides to hire an attorney, they may incur extra fees of up to $500. However, several nonprofit organizations in the state may offer free or subsidized legal aid. The concerned court may also offer a fee waiver to individuals who cannot afford the processing fee.

As stated in the application guidelines, applicants are advised to obtain the following information before applying for expungement:

• The case number
• Date and county of conviction
• Complete criminal history
• Complete life history.

How to Obtain Sealed Records in Illinois

Members of the public may be able to access sealed records through a court order. Hospital, childcare, and public safety agencies have automatic permission to view sealed records when conducting background checks. Third parties may file a petition to challenge the court order to seal the records using their FOIA rights. Part of a citizen's rights to public records (5 ILCS 140/11) (from Ch. 116, par. 211) is to file a petition to the State Attorney for Injunctive or Declaratory Relief. If granted, the record is released to the petitioner by court order.

Records that are considered public may be accessible from some third-party websites. Operating independently of any federal, state, or local agency, such websites may simplify the search process as they are not limited by geographic location. In addition, third-party sites typically have search engines that may be used for filtering specific or multiple records. To use third-party or government websites, interested parties may need to provide:

• The name of the person involved in the record, unless said person is a juvenile
• The location or assumed location of the record or person involved. This includes information such as the city, county, or state that the person resides in or was accused in

However, third-party sites are independent of government sources and are not sponsored by these government agencies. Because of this, record availability cannot be guaranteed.