An Illinois Order to Expunge is a court order that allows individuals with criminal records to clear their name from public records. It removes a criminal record from public access, including from police reports, court records, and state databases. There are two types of Illinois Order to Expunge. The first is an Order of Expungement, which seals the criminal record from the public but does not erase it. The second is an Order of Sealing and Destruction, which removes the criminal record from public access and destroys it so that it cannot be retrieved.
Illinois Order to Expunge
State:
Illinois
Control #:
IL-SKU-2926
Format:
PDF
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Order to Expunge
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FAQ
You may be immediately statutorily eligible for an expungement if the final disposition of your case was that charges were: dropped, dismissed, acquitted (not guilty) or arrested without charging. This is true regardless of whether you were charged with a felony or a misdemeanor.
Arrest, charges or sentences that cannot be expunged (erased): Any federal conviction outside Illinois. Any sentences you have not yet completed, including parole, probation, or court supervision. Minor traffic offenses (unless you were released without being charged)
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.
Under current Illinois expungement law, you cannot expunge a misdemeanor if: You were convicted. Sentenced to Conditional Discharge. Sentenced to Time Served. Sentenced to Regular Probation. DUI, Reckless Driving and traffic offenses. Sex Offenses involving a minor.
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.
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.
In the case of expungement, once you've been acquitted of a crime, you can file it right away. If the case is considered Stricken with Leave, then you must wait 160 days before you can petition for expungement. In cases of Non-Suit, you must wait 120 days.
You may be immediately statutorily eligible for an expungement if the final disposition of your case was that charges were: dropped, dismissed, acquitted (not guilty) or arrested without charging. This is true regardless of whether you were charged with a felony or a misdemeanor.