In Illinois certain records can be removed from public access. Many types of cases can be removed from the public record. Removal never happens automatically. An eligible person must petition the court for records to be expunged or sealed. Without a petition the records are permanently public.
In evaluating a petition, a court must determine that the harm to a person with a record is greater than the harm to the public in taking away public access to the records. Once a judge has found in the petitioner’s favor, there are two types of orders possible.
Expunged or Sealed
One order is for the record to be expunged. This means the record is erased, as if it never existed. The arresting agency returns the records to the petitioner, including police reports, fingerprint cards, and booking photographs that were generated by the arrest. The circuit court clerk erases the records, both physical and electronic of the court activity. For all purposes the case never happened. Expungement means that from a legal standpoint the case did not happen.
The second possible judicial order is for a record to be sealed. When a record is sealed, only law enforcement may view it. Others, such as the general public, may not. The court file is no longer available for public viewing and is not listed in public searches, but members of law enforcement with an appropriate need can access the files.
Cases That Qualify for Expungement
In Illinois expungement is available, if:
- The defendant was acquitted, that is found not guilty at a trial
- The defendant was released without conviction
- There was a no probable cause finding
- The case was nolle prosequi (dismissed by the State’s Attorney)
- A conviction or sentence was set aside and the court later determines the defendant is factually innocent
- The governor has issued a pardon
- There was *supervision (in most supervisions) ordered AND two years have passed since the successful completion of supervision
- The case was one of the following, a period of five years must pass following the supervision:
o Uninsured motor vehicle
o Suspended registration for non-insurance
o Display of false insurance
o Reckless driving
o Retail theft
o Cases involving probation under the Cannabis, Controlled Substances, Steroid Control, or Alcohol and Drug Dependency Acts
Cases That Cannot be Expunged
The following are not eligible for expungement, if the results were as follows:
- A finding of guilt, with judgment on the finding, based on either a plea or verdict resulting in a sentence
- A sentence of probation (except as noted above)
- A sentence of supervision or conviction for someone charged with a sexual offense against a minor
- A sentence of conditional discharge
- A DUI supervision
Cases That May be Sealed
All cases that are eligible to be expunged may, at the judge’s discretion, be only sealed. In addition, the following cases may be sealed:
- A qualifying Class 4 felony (possession of marijuana, possession of a controlled substance, and prostitution) Additional information about felonies can be found by reading the Felony Fact Sheet and The Felony Process in the United States.
- A misdemeanor conviction with no convictions or supervisions for any crime for four years after the conviction.
What Is Court Supervision?
* Court Supervision may follow a guilty plea or a finding of guilt after trial. Supervision, if ordered by the judge and successfully completed, means there is not a conviction on the charge. While supervision is not a conviction, supervision stays on the public record unless expunged or sealed. Court Supervision is like a continuance, with dismissal of the charges upon compliance. Supervision can be for up to two years. Eligibility for expunging or sealing does not begin until two or five years after the supervision is over.
The Process of Expungement
If a case is eligible to be expunged, more must be done. Contact needs to be made with arresting agencies, criminal histories need to be acquired and specific court procedures need to be followed. For information on how to do this, please see Expungements and The Office of the State Appellate Defender.
