Expungement and Sealing of Your Illinois Criminal Record

Q: I was arrested a long time ago. Is the arrest still on my record?

A: Yes. Once you are arrested, you always have a record. No matter how long ago the arrest occurred, it will never disappear automatically. Arrest = record. Period!

Q: How can I clear my criminal record in Illinois?

A: There are 3 ways to clear your Illinois criminal record:

• Expunge
• Seal
• Governor's Pardon

Q: How do I know what I am eligible for - expunge, seal or pardon?

A: We must look at your record as a whole. All arrests, even those that did NOT result in conviction, are on your record. Your "record” refers to all cases for which you have ever been arrested, regardless of final outcome. After we review all of your cases, we can determine your eligibility.

Q: I was arrested and the case was dismissed from court. I was told the case wouldn't be on my record. Why does it keep popping up on my background checks when I apply for a job?

A: Once you are arrested, the police assign you a court date for which you have to appear. The clerk of the court enters your information into their computer system even before your initial court date. The clerk's office is generally where prospective employers do their background checks. Even if your case was dismissed, there is still a public record of your appearance in court that provides the final disposition, aka outcome. Put another way, an employer will see your record, even if the judge dismissed the case. Click here to see a copy of what your record looks like at the clerk's office.

Q: How do I know if I can expunge my record?

A: Expungement is only an option if you have no convictions (misdemeanor or felony) on your record. That means you cannot have convictions in other states either. Even if you are “eligible” for expungement it is not an automatic right. Instead, the decision is entirely a matter of judicial discretion. (For example, a judge may not grant a petition to expunge for a person arrested 10 times for battery, even if none resulted in conviction because the state's interest in preserving the record may outweigh the individual's interest in having it expunged.) In most cases, however, such petitions are granted.

* Exception: Some Class 4 felony cases are expungable.

Q: What is a conviction?

A: A conviction is any case that did not result in dismissal (Nolle Pros, Stricken on Leave), not guilty, or supervision. If you were placed on probation, conditional discharge or fined, you have a conviction. Jail and prison are also convictions.

Q: I was arrested for a DUI in Illinois and given supervision. You said that supervision is not a conviction. So can I expunge my DUI?

A: There is an exception to the expungement law in Illinois regarding a DUI. If you were arrested for DUI, you either pleaded guilty or were found guilty and you received supervision, conditional discharge, probation or jail, you cannot expunge or seal the DUI; furthermore, you cannot expunge any other arrests on your record, if any. If you have other arrests on your record, you can seal those pending their eligibility. Basically, you are stuck with a DUI on your record unless it was reduced to a different charge (reckless driving), you were found not guilty or the case was dismissed. Essentially, a finding of guilt on a DUI, no matter what the sentence, is viewed as a conviction. Basically, your only option to have your DUI removed from your record is a Governor's pardon.

Q: What exactly is an Illinois Expungement?

A: The judge of the county where the arrest occurred orders the arresting agency (example: Chicago Police), the Illinois State Police and the FBI to return all original records of all arrests, original fingerprints and mug shots. Any internal computer records must be destroyed and removed from any public access system. The courthouse seals the file(s) so the public cannot gain access. If there were arrests in multiple counties, petitions must be filed in each county courthouse. (For example, a Cook County judge cannot expunge an arrest that occurred in DuPage County.)

Q: I have a conviction on my record, since I cannot expunge my record, can I seal it?

A: Possibly. Sealing is an option if you have a conviction on your record. There are two ways to seal a record: 1) partial sealing and 2) complete sealing.

Partial sealing: you have a non-sealable offense on your record + other sealable offenses. That means you have a conviction on your record that would need a Governor's pardon for removal. (For example, you have a felony conviction for burglary on your record - which is not sealable + 3 misdemeanor arrests that were thrown out - which are sealable. The 3 dismissed cases are sealed, but the burglary remains on your record.) I call this cleaning house: Instead of having a long criminal history filled with arrests and convictions, you have cleaned up your record so that just the convictions are visible. Better to have a clean house and an unmade bed than a entirely messy house.

Complete sealing: all of your cases on your record are sealable offenses. This applies to the person who has a sealable conviction; i.e., but for the conviction, the record would be expungeable. For example, you were sentenced to conditional discharge for misdemeanor retail theft.

Q: What are sealable convictions?

A: A good general rule is that no felony conviction is sealable and no misdemeanor violent crime conviction is sealable. * Exception: Some Class 4 felony first time offenders can be sealed. However, most misdemeanor convictions are sealable. However, most misdemeanor convictions are sealable.

Q: I only care about getting the worst crime, a felony conviction, off of my record. If I cannot seal that, what is the point in sealing the other arrests that were dismissed?

A: If you really care about competing with others for a job, you must clean up your record as much as possible. An employer recently told me he would rather hire the guy who was convicted in 1982 for a felony than the guy who was arrested last year for misdemeanor battery. Arrests, even if dismissed, can lead an employer to believe you are still a criminal.

Q: What exactly is an Illinois Sealing?

A: Unlike expungement, your records are not destroyed; instead, the arresting agency (for example, Chicago Police), the Illinois State Police and the Clerk's Office seal the record and remove your name from the electronic index. Government agencies can still access the file but only a judicial order can allow the public to view the record. For purposes of a criminal background check by a general prospective employer, sealing will be sufficient and your name cannot be publicly accessed at the courthouse. Be careful, however, if you are applying for a government job.

Q: I didn't go to prison but instead the judge gave me probation on my felony case. Since I didn't go to prison, is it still a conviction?

A: Yes, probation is a conviction. The judge could have sent you to prison but instead chose the punishment of probation. The person who went to prison is in the same boat as the person who was given probation: both have felony convictions on their record and both will need a governor's pardon. You cannot seal or expunge your felony conviction. See above exception.

Q: Since I cannot expunge or seal my record, is there any way I can remove a conviction from my record?

A: If you do not qualify for expungement or sealing, you must seek a pardon from the governor. Pardons are not just for people who have done time in prison! Anyone who has a conviction needs a pardon! (Unless it's a sealable conviction or a Class 4 exception.) However, the governor has the power to both pardon an offender and issue an executive order to expunge the conviction. Pardons are also a matter of discretion, and they are handled on a case-by-case basis. There is no requirement for the governor to address a pardon application within any period of time. It is not uncommon for a governor to wait until the end of the final term to make such decisions and avoid potential political backlash.

Q: What is the difference between a pardon and clemency?

A: There is no difference. Technically, clemency is the general term for commutation, pardon and reprieve. Commutation is for the person in prison, who is seeking to be released early but isn't necessarily looking to have the conviction pardoned. A pardon is for the person who is not in custody or on probation and wants to be “forgiven” for their offense. A pardon can also be granted for a person who is in prison. A reprieve is a delay in punishment, usually for a person sentenced to the death penalty. The Governor can stay the execution pending appeals, etc. Although the death penalty is technically still legal in Illinois, Governor Ryan suspended the death penalty indefinitely in 2000.

Q: I petitioned the Governor for a pardon but I haven't heard anything. What do I do?

A: Wait. The only thing you can do is patiently wait for the Governor to make a decision. The law states that a petitioner cannot re-petition the Governor for a pardon until he has been denied and waits for a period of one year before resubmission. So, if the Governor does not make a decision for years, the petitioner cannot make amend his/her petition for re-submission.

Click here for more info on Clemency/Pardons.