Once you have gathered all of the information about your criminal records, you must decide which items qualify for expungement (to erase the records) and which are eligible for sealing (to hide the records from the public).

First, download the Worksheet for criminal records expungement and sealing. This worksheet will help you organize your information in one place. Then go through the information below. If your record needs to be expunged due to identity theft, the process is different. 

[no-lexicon]What do I look for on my criminal record[/no-lexicon]?

To figure out if the offenses can be expunged (erased) and/or sealed (hidden), you need to look at each item and find the:

• Arrest date; 
• The police department that arrested you;
• Charge (or type of offense) that caused your arrest;
• Disposition (or outcome) of the case. For example, guilty or not guilty;
• Sentence (or punishment) you received; and
• Date you completed any sentence.

Once you find these items, review the information below to see if your offenses can be expunged and/or sealed.

What is a [no-lexicon]conviction[/no-lexicon]?

For purposes of expungement, a conviction is a finding of guilt resulting in a sentence such as:

• Probation;
• Jail or prison time;
• Conditional discharge;
• Time considered served;
• Fines; or 
• Supervisions or qualified probations that are not successfully completed.

[no-lexicon]What if I have some offenses that can be expunged or sealed and some that can not[/no-lexicon]? 

Even if some instances are not eligible for expungement or sealing, you may still expunge or seal those arrests and cases that are eligible. The ones that are not eligible will stay on your record.

Arrests, charges or sentences that can be expunged (erased): 

• Arrests for misdemeanors and felonies that did not result in a conviction
• Convictions for misdemeanors and felonies only if they were reversed, vacated, pardoned. In the case of a pardon, you must also have a Certificate of Eligibility for Expungement from the Prisoner Review Board. Read about the process.
• Prior class 4 felony convictions for prostitution. You will need to file a Motion to Vacate and Expunge in this situation.
• You are an honorably discharged veteran who has been convicted of certain Class 3 or 4 felonies and has received a Certificate of Expungement for Military from the Illinois Prisoner Review Board. This application will help you start the process.
• Successfully completed sentences for supervision if the waiting period has passed
• Successfully completed sentences of qualified probation, if 5 years have passed

Arrest, charges or sentences that cannot be expunged (erased):

• Any arrests, charges, or sentences outside Illinois
• Any federal criminal cases, even if they happened in Illinois
• Any sentences you have not yet completed, including parole, probation, or court supervision
• Minor traffic offenses, defined as petty offenses, business offenses, or Class C or lower misdemeanors (unless you were released without being charged)
• Convictions for misdemeanors and felonies other than Class 4 felony prostitution convictions. If the conviction was (unless they were reversed, vacated, pardoned or approved by the Prisoner Review Board)
• Court supervision or qualified probation that was not completed
• Court supervision for reckless driving (if you were 25 or older at the time or had subsequent convictions for reckless driving or DUI) 
• Court supervision for sexual offenses against minors
• Court supervision for driving under the influence
• The expungement/sealing process is only for criminal records, not civil court cases. Eviction cases​ cannot be expunged but you can have them sealed through a different process.

Arrests, charges, and sentences that can be sealed (hidden):

• Arrests and charges for misdemeanors and felonies that did not result in a conviction (Note: these can also be expunged, which is always the better option when possible)
• Minor traffic offenses if you were released without being charged (Note: these can also be expunged).
• Sentences of supervision or qualified probation which were not successfully completed, unless the offense is otherwise excluded.
• Convictions for most misdemeanors and felonies can be sealed 3 years after the end of your last sentence in any jurisdiction. See the next section for exceptions
• Misdemeanor convictions for public indecency and prostitution (this is an exception to the general prohibition on sealing convictions for sex offenses under Article 11 of the Criminal Code)

Convictions that cannot be sealed (hidden):

• Reckless Driving (unless under 25 at the time of the offense and no other convictions for DUI or reckless driving)
• Driving Under the Influence
• Domestic Battery
• Violation of an Order of Protection
• Violation of a Civil No-Contact Order
• Violation of a Stalking No-Contact Order
• Soliciting a Prostitute or Patronizing a Prostitute
• Felony conviction of Public Indecency
• Any other misdemeanor offense listed under Article 11 of the Criminal Code
• Any offense that requires registration under the Sex Offender Registration Act
• Dog Fighting
• Class A misdemeanors or felonies under the Humane Care for Animals Act

If you had felony convictions sealed and you are convicted of another felony, the new felony will not be eligible. The old convictions could also be unsealed.

Drug Testing

In cases where you are petitioning to expunge a successfully completed Qualified Probation, or you are trying to seal a convictions for a felony drug offense, you are required to submit with your petition the results a drug test that was completed within 30 days of the filing of your petition.

Starting January 1st, 2023, your petition to expunge or seal your record cannot be denied on the basis that a drug test you filed with your petition tested positive for cannabis.

Victims of human trafficking 

If your offense was the result of human trafficking, you can petition the court to seal (hide) your record at the end of your last sentence.

Starting January 1, 2024, you can ask the court to vacate and expunge (erase) an offense that was the result of human trafficking. You can make the request at the end of your last sentence.