Crime & Traffic

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What if I was denied or my record is not eligible for expungement or sealing?

There are some criminal records that do not qualify for expungement or sealing. Also, sometimes requests to expunge or seal are denied. There are other options available to you. They are discussed below.

Certificate of Eligibility for Sealing

This is available from the Illinois Prisoner Review Board. It is available for Class 3 or Class 4 Felony convictions. 

You cannot file for this and an Executive Clemency at the same time.

To qualify:

  • It must be your only conviction,
  • It cannot be a conviction involving a weapon or violence, driving under the influence (DUI), or a sex offense,
  • If the conviction was for a drug offense, you must provide proof of successful completion of a treatment program, and
  • You must have completed your sentence 5 or more years ago. 

Certificates of Good Conduct or Relief from Disabilities

These two certificates are available from a Circuit Court. They can help you get certain jobs. Learn more about these certificates.

Certificate of Innocence

This certificate may help you get a settlement from the Illinois Court of Claims. You may be able to get it if you can prove you were wrongfully convicted and served time in prison. You can claim that your judgment or conviction was reversed or vacated, and the indictment dismissed. Or, you can claim a new trial was ordered and you were found not guilty at the new trial. Or you can claim your case was not re-tried and the indictment was dismissed.

Health Care Worker Waiver

This certificate may help you get a healthcare job in an unlicensed field in health care. For example, a Certified Nursing Assistant or Medical Billing Encoder. For more information, see the Health Care Worker Registry. State law bans employers from hiring people with some criminal convictions from unlicensed healthcare positions. A Health Care Worker Waiver allows you to work in one of these positions despite otherwise disqualifying convictions

Executive clemency

Executive Clemency is also known as a pardon. It comes from the Governor of Illinois. Learn more about executive clemency

Last full review by a subject matter expert
July 17, 2023
Last revised by staff
July 26, 2023

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