Criminal records relief

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Criminal records relief FAQ

If you have a criminal record and want to make it go away, read the questions below.

What is expungement and sealing?

These are two ways to get records taken out of public view

An expunged record is erased from the person’s criminal history.

No private or public businesses, organizations, or people can see expunged records.
Exception: police can see the record in cases with qualified probation for first-time offenders.

A sealed record is hidden from public view.

All sealed records are still available to police.
All sealed misdemeanor convictions are hidden from all private and public businesses, organizations, and people.
Sealed felony convictions are hidden from most private and public businesses, organizations, or people.
Exception: sealed felony convictions will still be seen by employers who do fingerprint-based background checks (like DCFS, schools, banks, etc.)

How do I know if something in my record can be expunged or sealed?  

 Whether a record can be expunged or sealed depends on three things:  

The type of offense that you were arrested for or charged with.  
The result of that arrest or charge.  
The amount of time since the arrest (you may have to wait some time before a record can be expunged or sealed).

What cases can be expunged or sealed?

Most of the time, eligible non-convictions may be expunged. Some examples include:

Released without charging (no case is filed in court)
Acquittals (found not guilty in court)
Dismissals (often called “stricken off with leave” (SOL) or “nolle pros”)
Court Supervision (if successfully completed)
Qualified Probation (examples: 710-1410 probation, TASC probation, and second chance probation)

Most of the time, eligible convictions may be sealed. Some examples include:

Supervision NOT completed satisfactorily
Conditional Discharge
Probation
Jail or prison time

Note: To seal a conviction for a drug-related felony, you must give a clean drug test result dated within 30 days of filing your petition.

Exceptions – Some types of convictions cannot be sealed.

Convictions and supervision for certain types of cases are not eligible, like:
- Minor Traffic Offenses
- DUI and Reckless Driving
- Domestic Battery
- Violation of an Order of Protection, Civil No-Contact Order or Stalking No-Contact Order
Sexual Offenses, like:
- Soliciting a Prostitute
- Felony Public Indecency
- Any misdemeanor in Article 11 of the Criminal Code
Animal Offenses, like:
- Dog Fighting
- Class A misdemeanors under the Humane Care for Animals Act

NOTE: If you have felony convictions sealed, you cannot seal any new felony convictions after that. A new felony conviction may lead to other records being unsealed.

Is there a waiting period to petition for either expungement or sealing?

Sometimes. Below are common waiting times:

Acquittals and many dismissals can be expunged right away.
SOL and Non-Suit dismissals: waiting period of 160 days.
Supervisions can be expunged 2 years after successfully completing the supervision term.
Qualified Probations can be expunged 5 years after successfully completing the probation.
Convictions can be sealed 3 years from the completion of your most recent sentence.
If required to register, not eligible until off the public registry

Exceptions to the waiting period: You can skip the waiting period to seal a conviction

IF you earned a high school diploma, associate’s degree, career certificate, vocational technical certification, bachelor’s degree, or GED.
WHILE serving the sentence (including parole or probation).

What if my record cannot be sealed?

If your record is not eligible for sealing, you may be able to ask the court for a Certificate of Good Conduct or a Certificate of Relief from Disabilities to help you get a job, work license or housing that you would otherwise not be able to.

For more info:

Certificates of good conduct and relief from disabilities | Illinois Legal Aid Online

Certificates of Good Conduct and Relief from Disabilities (illinois.gov)

How can I get help with expungement or sealing?

First, get a copy of your criminal records. Whether you file on your own or have a lawyer, you will need to get a copy of your Illinois Criminal History Transcript and your RAP sheet. You can learn how to get a copy here: How to get copies of your criminal records | Illinois Legal Aid Online

To file a petition, you can find the forms you need and instructions at the Office of the State Appellate Defender website.

Illinois Legal Aid Online has automated programs to help you fill out the forms or to apply for low-cost legal assistance.

If Equip for Equality cannot help with your petition, contact one of these organizations:

Legal Help (Cook County)

Cabrini Green Legal Aid

Apply for legal help online
Or go to the In Person Help Desk at the Daley Center
- 50 W Washington St. Room 1006, Chicago IL
- Hours: Monday, Tuesday and Wednesday from 9 am to 12 pm

Metropolitan Family Services Legal Aid Society