In Illinois, the process of expungement and sealing come with specific waiting periods which vary based on factors such as the nature of the offense and its final resolution.

• Expungements
  – Eligibility is immediate after a Finding of Not Guilty/Acquittal, Nolle Pros, or Finding of No Probable Cause, provided there are no pending cases.
  – Cases with a disposition of Stricken with Leave (SOL) require a 160-day waiting period, while those with a Non-Suit disposition have a 120-day wait.
  – If placed on court supervision, most offenses qualify for expungement after 2 years following successful completion. However, offenses like domestic battery or criminal sexual abuse require a 5-year wait, with additional requirements such as a clean drug test for qualified probation.
• Sealings
  – Convictions, 710-1410 Probation, and TASC Probation cases become eligible after 3 years post-sentence completion. Cases under supervision qualify after 2 years post-supervision.
  – Notably, no waiting period is necessary for sealing offenses if educational milestones like obtaining a diploma or degree were achieved during the sentence, aftercare, or supervised release period.

Hiring an Illinois expungement attorney ensures that your case is handled with proper efficiency. While it is not mandatory for filing an expungement or sealing petition, legal representation is strongly encouraged due to the complex nature of the law in this area, which can be confusing for those without experience. Many choose legal assistance for its convenience and the assurance of a thorough process.

If objections arise despite meeting eligibility criteria, your expungement attorney will effectively argue your case in court. Preparation for a contested expungement hearing is critical. Your attorney will gather detailed information about your personal and professional background, as well as the negative impact of the arrest or conviction on your life.

Starting with an experienced attorney to manage your expungement or sealing petition is highly recommended.

The simple answer? It depends.

Whether you need to go to court or not depends on where you are located. In places like (most of) Cook and Lake County, you may only have to go if there is an objection to your request.

In places like DuPage County, usually you have to attend in person. In many cases, your lawyer can attend for you, so you don’t have to appear in court yourself.

Rest assured, Xpunge Chicago will do everything in our power to make the situation as easy and convenient as possible for you.

The Illinois State Police and/or arresting agency of the case may oppose your request if you don’t qualify for expungement or sealing under Illinois law. The State’s Attorney could also object for legal reasons (ex: not meeting Illinois law requirements) or for discretionary reasons. This means the State’s Attorney could object even if you qualify under the law.

Discretionary reasons might involve your previous arrests, the seriousness of the offense you want to clear, any violent crimes, protection orders, or if your sentence wasn’t completed satisfactorily.

Employers (except for specific government roles such as police or state attorneys) cannot legally ask if you have expunged your criminal record. Once your record is expunged or sealed, neither public nor private employers can use it against you when making hiring decisions.

When it comes to housing or education, once something has been expunged or sealed, they will no longer see or have access to any of it. It will essentially be like it was never on your record to begin with.

Only if you are looking to expunge a case which resulted in a sentence of qualified probation or to seal a conviction for a drug offense. In this case, your request must include a recent drug test taken within 30 days of filing.

Similarly, you’ll need a clean drug test if you’re petitioning to seal a conviction for serious drug crimes like possession, manufacturing, or intent to distribute controlled substances.

However, no drug test is required if you are seeking expungement of a dismissed drug charge.

When a judge signs an order to expunge or seal a record, the Clerk of the Circuit Court removes all related records from the system, including those accessible to the public, ensuring they do not appear on background checks. Searching the Clerk’s system will yield no results, effectively erasing any trace of the case. Physical files are kept by the Clerk and can only be accessed through a court order.

Expunged records are destroyed by the arresting agency and the Illinois State Police. However, law enforcement retains access to expunged cases that involved qualified probation.

Sealed records are maintained by the Illinois State Police and remain accessible to law enforcement. Only sealed felony conviction records are available to specific employers authorized by law to conduct fingerprint-based background checks through the Illinois State Police.

Yes, these charges are eligible for expungement.

Yes, these arrests are eligible for expungement.

Most of these cases may be expunged, but only after meeting certain conditions imposed by the court.

You must have:

• Successfully completed the term of court supervision;
• Not have been arrested again; and
• (2) years must have passed since your supervision was terminated.

Oftentimes, these cases cannot be expunged, but you may qualify for sealing under certain conditions.

Contact Xpunge Chicago today to determine your options.

Information that you can provide that would help us expedite the process would be:

• Date of the arrest(s)
• Law enforcement agency that arrested you
• Charges
• Disposition (outcome) of each case
• Date that your case or sentence was completed

Obtain your entire criminal background: If you have ever been arrested, you have a record. Even if an arrest did not result in a conviction, you still have an arrest record. Our office will gather information on all cases, including the arresting agency, county, date of arrest, dismissal date, sentence, and if the sentence was completed satisfactorily.

Eligibility Determination: Once we have reviewed your entire record, we will determine whether you are eligible to expunge or seal your record, or whether you must seek a Governor’s pardon. We will also prepare and file all the necessary documents with the court.  Each county and courthouse have its own procedures, including petitions, filing periods, and fees.

State’s Objection: Even if you are eligible to expunge or seal your record, the court is not required to grant the expungement or sealing. If there is an objection, you are entitled to a hearing before a judge. An Xpunge Chicago Attorney will appear at your hearing and provide a solid defense in support of your expungement or sealing.