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Part of the Expungement & Sealing library, sponsored by Loeb & Loeb LLP
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Help ILAO open opportunities for justice content blockA criminal record is created whenever you are arrested, even if you are released without being charged or found not guilty. These criminal records can be viewed by the public, including potential employers. You might be able to erase charges and arrests from your record. This is called expungement. Expungement is different from sealing. A sealed record is hidden from being seen by the general public, but it may still be seen by some groups such as law enforcement.
If you have arrests, charges, or convictions that happened in more than one county, one set of paperwork is required per county. You cannot group these together.
Whether you qualify for expungement or sealing depends on:
You may qualify to have your cannabis-based record expunged now that cannabis is legal in Illinois. Learn if you can clear your cannabis-related criminal record and what you need to do to make it happen.
The process in this guide is for criminal expungement and sealing. Juvenile records and arrests where you were not charged as an adult have a different process. Learn about Juvenile expungement here.
If you have arrests, charges, or convictions that happened in more than one county, one set of paperwork is required per county. Use our Take Action links to complete the Easy Forms to create requests for expungement or sealing in each county. You cannot group these together.
Some counties do not maintain digital records of old cases. For example, in Cook County, the court system does not have records dating before 1984. If your case is several years old and is not maintained in the county court system, ask the court for a letter saying that the records for the case have been destroyed. You can attach this letter to the petition when you file it.
A word of caution. USCIS can still see part of your record, even after you get it expunged or sealed. Anyone applying for immigration benefits must reveal any arrests. This includes arrests while a juvenile when questioned on an immigration application or by a USCIS officer. If you expunge or seal a record before you complete the immigration process, you may be asked to undo the expungement or sealing to get a copy of the entire file. Speak with an immigration attorney before filing for an expungement.
Starting January 1st, 2023, you cannot be denied a petition to expunge or seal your record on the basis that a drug test you took 30 days before you filed your petition tested positive for cannabis.
