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If your Illinois case cannot be expunged (erased), you may be able to seal (hide) it. When a record is sealed, it cannot be seen by the general public, including landlords and most employers. However, employers required by law to do background checks can still see sealed felony convictions. Law enforcement agencies can also see sealed records.
This article explains how long you must wait before asking a judge to seal your record.
You are eligible to seal cases with the following outcomes at any time:
- Released without charging (RWOC),
- Dismissals,
- Acquittals,
- Finding of no probable cause, and
- A conviction that has been vacated or reversed.
However, some courts will not allow you to seal your record if you are still serving a sentence or have a case pending.
Supervisions
If you were sentenced to supervision and you completed it, you may be eligible to seal the case. You are eligible to seal it 2 years after the end of the last sentence you served for that case.
Convictions and qualified probations
If you were convicted of a misdemeanor or felony, you can seal 3 years after the end of your last sentence. This also applies if you successfully completed special, qualified probation (like 710-1410 or TASC). Exception: if you successfully completed a sentence of second chance probation, there is no waiting period.
Certain convictions may not be sealed until you are no longer required to register. These include convictions or terms of supervision involving:
- The Arsonist Registration Act,
- The Sex Offender Registration Act, and
- The Murder and Violent Offender Against Youth Registration Act.
Victims of human trafficking
If your offense was the result of human trafficking, you can petition the court to seal your record at the end of your last sentence.
Shorter waiting periods for education
If you earned a:
- High school diploma,
- Associate's degree,
- Career certificate,
- Vocational-technical certification,
- Bachelor's degree, or
- GED.
You can petition for sealing before the applicable waiting periods expire.
You must have earned the certificate/diploma during the period of your sentence, aftercare release, or mandatory supervised release. Also, you cannot obtain two of the same types of certificates/diplomas. If your petition is denied, the applicable waiting period will apply to any further petition for sealing.
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