Can I Get My Criminal Record Expunged in Illinois?

 Posted on May 27, 2026 in Criminal Defense

Under the Illinois Criminal Identification Act at 20 ILCS 2630/5.2, Illinois law allows certain people to have their criminal records expunged or sealed. Both options can make a real difference in your life, but they are not available for every type of record or every type of conviction.

A criminal record can follow you into job interviews, housing applications, and even professional license reviews. Expungement gives you a chance to clear that record and move forward without it holding you back. If you have questions about your record and the possibility of expungement in 2026, our Lake County, IL criminal defense lawyer can help. We will review your record and figure out whether you qualify.

What Is the Difference Between Expungement and Sealing?

Expungement completely erases the record. Sealing closes the record to the public. Once a record is expunged, it does not show up in most background checks. For most purposes, it is as if the arrest or charge never happened. Expungement is the better outcome of the two, but it is only available in certain situations.

Most employers, landlords, and members of the public cannot see a sealed record. However, law enforcement agencies and certain licensing boards can still access it. Sealing is available to more people than expungement. It is often the right option when expungement is not available.

Who Qualifies for Expungement in Illinois?

Expungement is generally available when your case did not end in a conviction. That includes situations where your charges were dropped or dismissed, where you were found not guilty, or where you were arrested but never charged at all. In those situations, you are often immediately eligible to petition for expungement.

If your case resulted in court supervision rather than a conviction, you may also be eligible. Court supervision is not a conviction under Illinois law, which is one of the reasons it is such a valuable outcome in criminal cases. Under 20 ILCS 2630/5.2, most records resulting in completed court supervision are eligible for expungement two years after the supervision period ends. Some offenses, including domestic battery and driving without insurance, require a five-year waiting period.

If you completed a qualified probation, such as first offender probation, your record may be eligible for expungement five years after the probation was completed.

Illinois has also expanded automatic expungement for certain low-level cannabis offenses under the Illinois Cannabis Regulation and Tax Act at 410 ILCS 705/5-5. If you had a cannabis-related arrest or conviction for possession of under 30 grams before January 1, 2020, that record may have already been automatically expunged.

Who Does Not Qualify for Expungement in Illinois?

Not every record can be expunged, and it is important to understand the limits so you have realistic expectations. Records that generally cannot be expunged in Illinois include:

• Most criminal convictions, with limited exceptions

• DUI convictions

• Sex offense convictions and any offense that requires sex offender registration

• Domestic battery convictions

• Convictions for violations of orders of protection

• Most felony convictions

If your record includes a conviction that cannot be expunged, sealing may still be an option. Most misdemeanor and felony convictions become eligible for sealing three years after the end of your sentence, with some exceptions. Sealing is not available for DUI convictions, sex offenses, or domestic battery.

What Does the Expungement Process Look Like in Illinois?

The process starts with filing a petition in the circuit court in the county where your case was handled. For Lake County residents, that means filing in the 19th Judicial Circuit Court. Your petition needs to include information about your record and the relief you are requesting.

After you file, the state's attorney's office and law enforcement agencies have the opportunity to object. If no one objects, the court can grant the petition without a hearing. If someone does object, a hearing will be scheduled where a judge will decide whether to grant the expungement.

Once a judge signs the order, the Illinois State Police and relevant agencies are directed to remove or restrict access to the record in accordance with the order. The entire process can take several months from start to finish, which is another reason starting sooner rather than later makes sense.

Does Expungement Work for Juvenile Records?

In some ways, juvenile records are even easier to expunge than adult records. Illinois law allows juvenile records to be expunged in many situations. Some juvenile records are even eligible for automatic expungement. If you had a juvenile record and are now an adult, it is worth checking whether that record can be cleared as well.

What Are the Benefits of Getting Your Record Cleared?

The practical benefits of expungement or sealing are significant. In many situations, you can legally avoid disclosing an expunged record on job and housing applications. You may become eligible for professional licenses that were previously out of reach. Background checks conducted by most employers and landlords will no longer show the record. In a competitive job market and housing environment like Lake County and the broader Chicago suburbs, that can make a real difference.

It is worth noting that expungement does not erase everything everywhere. Federal background checks, certain government positions, and some licensing boards may still have access to expunged or sealed records. Your attorney can help you understand exactly what will and will not be visible after your record is cleared.

Schedule a Free Consultation With Our Lake Zurich, IL Expungement Lawyer

If a criminal record has been holding you back, you deserve to know whether you have a path to clearing it. At The Law Offices of Matthew R. Gebhardt, P.C., our Lake County, IL criminal defense attorney has over 20 years of experience. He can review your record, explain whether you qualify for expungement or sealing, and guide you through every step of the process. You have worked hard to move past your history, and the law may give you a real way to do that. Call 847-239-4703 today for a free consultation.