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.
