Expungement and sealing are the two ways Illinois law allows people to limit access to their criminal records. Which one applies depends on how the case ended and what the offense was. Brandenburg & Rees prepares and files petitions in the county where the case was heard and represents clients at any hearing.
Expungement versus sealing
- Expungement destroys or returns the record so that, for most purposes, the arrest or case never happened. It is generally available for arrests that did not lead to charges, charges that were dismissed, acquittals, and certain completed supervisions and qualified probations after a waiting period.
- Sealing removes the record from public view. Employers and landlords running ordinary background checks will not see it, but law enforcement, courts, and certain licensing agencies still can. Most misdemeanor and many felony convictions can be sealed after a waiting period.
What generally cannot be sealed or expunged
Illinois excludes certain offenses, including DUI, reckless driving in most circumstances, domestic battery, most sex offenses, and violations of orders of protection. Where a conviction cannot be sealed, other relief such as a certificate of good conduct or executive clemency may be worth discussing.
The process
- Obtain your records. We pull your criminal history from the Illinois State Police and the county clerk to confirm every case and disposition.
- Confirm eligibility and timing. Waiting periods depend on the offense and the disposition, and they run from completion of the sentence, not the arrest date.
- File the petition. The petition is filed in the county where the case was heard and served on the State's Attorney, the arresting agency, and the Illinois State Police, any of which may object.
- Hearing and order. If no objection is filed, many petitions are granted on the papers. If there is an objection, we present your case to the judge.
- Agency compliance. Once the order is entered, agencies have a set period to expunge or seal their records. We follow up to confirm they have.
Timing
From filing to a final order commonly takes several months, and longer if an objection is filed. Because eligibility rules changed significantly in recent years, people who were told years ago that they did not qualify may qualify now.
Common questions
Am I eligible to expunge or seal my record?
It depends on the offense and how the case ended. Arrests without charges, dismissals, and acquittals are usually expungeable. Most misdemeanor and many felony convictions can be sealed after a waiting period. Some offenses, including DUI and domestic battery, cannot be sealed. We review your actual records to give you a firm answer.
How long does expungement take in Illinois?
Typically several months from filing to order, longer if the State's Attorney or police object and a hearing is required.
Will a sealed record show up on a job background check?
Ordinary employer and landlord background checks will not show a sealed record. Law enforcement, courts, and certain licensing bodies, such as those for schools, healthcare, and law enforcement jobs, can still see it.
Can I expunge a record from another county?
Yes. The petition is filed in the county where the case was heard. We handle petitions across Central Illinois.
This page provides general information about Illinois law and is not legal advice. Reading it does not create an attorney-client relationship with Brandenburg & Rees, LLP. Laws change and every situation is different; consult an attorney about your specific circumstances.