Illinois How to Expunge and/or Seal a Criminal Record is a set of procedures for removing criminal records from public access in the state of Illinois. It is a legal process that requires the filing of a petition with the court and the review of the petition by the court. The process is available to individuals who meet specific criteria and has two main types: expungement and sealing. Expungement of a criminal record in Illinois requires the petition to be filed with the court where the conviction occurred and the petitioner must provide proof of eligibility. Eligibility criteria include a conviction that is eligible for expungement, the petitioner has no prior criminal record, and the petitioner has completed any sentences associated with the conviction. Once the petition is filed, the court reviews it and decides if expungement is appropriate. If granted, the record is permanently removed from public access. Sealing of a criminal record in Illinois requires the petition to be filed with the court where the conviction occurred and the petitioner must provide proof of eligibility. Eligibility criteria include a conviction that is eligible for sealing, the petitioner has not been convicted of a crime since the time of the original conviction, and the petitioner has not been charged with any other criminal offenses since the time of the original conviction. Once the petition is filed, the court reviews it and decides if sealing is appropriate. If granted, the record is removed from public access, but can still be accessed by law enforcement and certain government agencies. In both cases, the petitioner must pay a filing fee and provide documentation to the court demonstrating their eligibility. After the petition is submitted, the court will review the petition and render a decision. If the petition is approved, the record will be removed from public access.
Illinois How to Expunge and/or Seal a Criminal Record
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You can usually expunge your record if you successfully completed the diversion program, supervision or your charge was dismissed. DO YOU NEED A LAWYER? You do not have to have a lawyer to seal or expunge your record, but you may decide to hire one to help with the process.
For some felony cases, you can file for felony record expungement in Illinois right away, and in other cases, you must wait five years.
1. How much does it cost? Getting your record expunged or sealed will cost you a filing fee at the courthouse plus $60 for the Illinois State Police. Some local law enforcement agencies may also charge a processing fee.
The state of Illinois has up to 60 days to object to your Petition to Expunge or Petition to Seal. The speed of processing within your jurisdiction can also be a factor. Provided there are no objections and the petition is processed within a reasonable amount of time, three to four months is a solid estimate.
Through to a popular myth that has been circulating for decades, felonies don't disappear off your criminal record after seven years. In fact, they never disappear off your criminal record unless you take steps to have them removed.
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). Certain convictions may not be sealed until you are no longer required to register.
To file an expungement or sealing petition in person, you must go to the courthouse in the county (or district) that has your records. Hand your petition directly to the circuit court clerk and pay the filing fee.