ILLINOIS EXPUNGEMENT AND SEALING

Expungement is a legal process that enables individuals who were arrested and charged with a criminal offense but were not convicted to have all records related to the incident, including arrest, charges, and court proceedings, removed from background checks and other public searches. The purpose of the law is to allow individuals who have fulfilled all court requirements of a case or had a case dismissed to request the court to clear all cases from their criminal record and background checks.

After your case has been expunged, you can legally respond on a job application that you have not been arrested or found guilty of that case, as if it never occurred. Moreover, you are not obligated to divulge or discuss the expunged cases in any job, loan, or housing application. Employers are not permitted to inquire about expunged cases, and they will not be found in searches carried out by courthouses or background checking companies.

Sealing is a legal process that is similar to expungement, but is available for convictions. If you have been convicted of a criminal offense in Illinois, you may still be able to remove many cases from your criminal record through the sealing process. This process also entails the removal of arrest, charges, and court proceeding information.

Certain government agencies that require security clearances, schools conducting background checks on staff and job applicants, and other organizations in specific situations may be able to access sealed cases. In general, sealed cases are treated similarly to expunged cases on job applications. You are not required to disclose them and may legally answer "no" when asked if you have been arrested or convicted of a sealed case.

All cases which were dismissed or where court supervision was completed successfully are eligible for expungement. Dismissed cases will have the listed case disposition as one of the following:

● Nolle Pros

● Stricken From Docket with Leave to Reinstate (SOL)

● Released Without Charging (RWOC)

● Finding of No Probable Cause at preliminary hearing (FNPC)

● No true bill of indictment from grand jury

● Not Guilty after trial (FNG)

● Non-suit for municipal cases

● Court Supervision Terminated Satisfactorily (STD)*

● Successful Completion of 410 First-Offender Drug Probation**, TASC Probation, Youthful Weapon Offender Probation, Second Chance Probation, SEED Court, Veterans’ Court, Mental Health Court and other specialty probations

● Convictions or findings of guilt vacated by the court or reversed on appeal

*There is a general waiting period of two years before cases can be expunged after successful completion of court supervision for misdemeanor offenses, however certain offenses with a disposition of court supervision have longer waiting periods. We will discuss this with you during your free consultation. As of 2023, court supervision in cases for DUIs are not eligible to be expunged or sealed. Waiting periods for eligibility for expungement and sealing are based on the date of end of your most recent sentence - including probation and Mandatory Supervised Release (MSR), formerly known as parole.

**Expungement or sealing of any drug-related cases requires a clean drug test to be attached to the petition. We will provide you with information on how to arrange a drug screening.

Most misdemeanor convictions and most convictions for non-violent Class 4 or Class 3 felonies are eligible for sealing. Gun possession or aggravated unlawful use of a weapon convictions are NOT eligible for sealing as of 2023.

Convictions include findings of guilt after trial in which you do not receive court supervision. They are generally listed on your RAP sheet as “CONVICTION”. Convictions include:

● Conditional Discharge

● Probation

● Imprisonment in jail or the Illinois Department of Corrections (IDOC)

● Boot Camp

● Revocation of Specialty Probations or Specialty/First Offender Probations Terminated Unsatisfactorily (PTU)

● Conviction with credit for time served

● Revocation of Court Supervision

The following convictions may not be sealed:

● Convictions for Class 2, Class 1, or Class X felonies

● Violent felonies

● Violations of orders of orders of protection

● Aggravated unlawful use of a weapon/gun possession without a FOID card or CCW permit

● Sexual offenses

● Offenses against animals

● Domestic battery

● DUI

● Minor traffic tickets

If you have any of these offenses on your record, we can still file a petition to expunge or seal your other cases, however that case will not be included in the petition. You can only file one petition to seal felony convictions in your lifetime. We will review each of your cases separately for eligibility.

New court rules allow you to put all Cook County cases eligible for expungement and sealing on a single petition and file it for one fee. A hearing on your expungement or sealing petition will be scheduled approximately 3-4 months from the filing date. You do not need need to file a separate petition at each district courthouse or pay separate filing fees. Petitions in other counties will require separate filing fees and documents.

Expungement Waiting Periods:

● Dismissed cases can be expunged immediately.

● 2 Year Waiting Period - If you received court supervision for a misdemeanor offense and completed it satisfactorily, you must wait for 2 years from theend of your supervision before applying for expungement for most cases.

● 5 Year Waiting Period - Court Supervision for misdemeanor domestic battery, criminal sexual abuse of a victim over 18 and insurance offenses.

● 5 Year Waiting Period - Successful completion of qualified or special probation for a misdemeanor or non-violent class 4 or class 3 felony. The 5 years is calculated from the end of your qualified probation, but you can remove the full case from your record through expungement.

Sealing of Convictions Waiting Periods:

● 3 Year Waiting Period for Sealing - Calculated from the end date of your most recent sentence. If you have a pending case or are on probation for a crime, the 3 year waiting period begins when your probation is terminated or you are no longer under the supervision of the court system in any way.

As the law currently stands, First Offender Weapons Probation is not included as a "qualified probation" under the law and can be immediately expunged like other cases dismissed by Nolle Pros. Qualified probations are defined as convictions that are vacated upon successful completion of probation.

First offender weapons probation is a deferred prosecution, and the case is dismissed upon completion of probation. The court never enters a conviction. Ask your attorney for details. See 20 ILCS 2630/5.2(a)(1)(J) and 5.2(b)(2)(C).

The expungement and sealing process generally takes 4-6 months from the date of filing to be completed. Mandatory hearings in Cook County are scheduled 3-4 months from the date we file your petition. The sooner we get started, the sooner your record will be clean.

DRUG CASES:

If you received 410/1710 or first-offender probation for a drug offense, you are required to attach proof of a clean drug test taken within 30 days of the filing date of your petition. Drug screenings can be done by your physician or healthcare provider or at many locations throughout the area.

IMMIGRATION:

As a non-US citizen, expunged and sealed cases may still affect your visa, residency, or citizenship application. Even if your cases have been expunged or sealed, immigration services still consider them relevant. Moreover, all criminal arrests and cases, including certified dispositions and police reports, must be included in immigration applications. It is crucial to obtain all necessary documents from your court file before applying for expungement or sealing since these documents won't be available after the process is completed. In case the files are needed for a future immigration application, unsealing them can be a lengthy and complicated process.

IF YOU PLAN ON APPLYING FOR ANY FORM OF IMMIGRATION RELIEF IN THE FUTURE, PLEASE NOTIFY US WHEN YOU FIRST CONTACT US.

Item description*First Offender Weapons Probation is not included as a qualified probation under the law, and is currently immediately expungable. Ask your attorney for details.

No. The information here is only for Illinois expungements and sealings. Wisconsin does not have the same laws available to expunge cases. If you have a pending case in Wisconsin, ask us about the possibility of the case being expunged once it is complete.