Illinois Record Sealing Attorneys

Reviewed: May 15, 2026

Quick answer: Record Sealing in Illinois

Illinois has one of the broader sealing statutes in the country. Under 20 ILCS 2630/5.2, most misdemeanor convictions and many felony convictions can be sealed after a 3-year conviction-free waiting period from completion of sentence (or earlier in some categories). Sealing hides the record from most private employer and landlord background checks while preserving it for limited official use. Key points: Available for most misdemeanor and many felony (Class 3/4) convictions Standard waiting period: 3 conviction-free years after sentence completion DUI, domestic battery, and most sex offenses are excluded by statute

At a glance

✓ Available for most misdemeanor and many felony (Class 3/4) convictions
✓ Standard waiting period: 3 conviction-free years after sentence completion
✓ DUI, domestic battery, and most sex offenses are excluded by statute
✓ Record is hidden from public and most employer background checks — not destroyed
✓ Cook County offers a free Expungement Help Desk for straightforward cases

Important: This page provides general legal information about expungement and record sealing laws. It is not legal advice for your specific situation. Eligibility rules vary by state, county, and individual circumstances. Always consult a licensed attorney before taking any legal action.

What can be sealed

Sealable offenses include most misdemeanors and a wide range of felonies — including certain Class 3 and Class 4 felonies, qualifying drug offenses, and qualifying property offenses. The statute identifies a defined list of non-sealable offenses, including DUI (625 ILCS 5/11-501), domestic battery, most sex offenses, and certain violent offenses against children. An attorney can confirm whether a specific offense and disposition qualify.

The filing process

A petition to seal under 20 ILCS 2630/5.2 is filed in the Circuit Court of the county where the case was prosecuted using the standardized statewide form. The petitioner must serve the State's Attorney, the arresting agency, the Illinois State Police, and any other agency that holds the record. The court may grant or deny relief in chambers or set a hearing if the State's Attorney objects.

What sealing means for you

Once sealed, the record is removed from public-access databases and is generally not visible to private employers or landlords running a standard background check. You may lawfully answer that the conviction did not occur on most applications. Healthcare employers, school districts, law enforcement agencies, and certain regulated professions still see sealed records under specific statutory carve-outs. Sealed records can be unsealed by court order in limited circumstances.

Cost and timing

Court filing fee: typically $120. Illinois State Police processing fee: $60. Most petitions take 4 to 6 months from filing to order. Fee waivers are available for petitioners under 400% of the federal poverty line. Attorney fees vary by attorney and case complexity — get a written quote before retaining counsel.

How to seal your Illinois criminal record

Verify conviction is sealable. Your attorney reviews your conviction to confirm it qualifies for sealing under 20 ILCS 2630/5.2. DUI, domestic battery, and certain violent offenses are excluded.
Confirm 3-year waiting period met. Verify 3 conviction-free years have passed since completion of sentence. The waiting period starts after probation, parole, or any other sentence term ends.
Request ISP criminal history. Obtain your Illinois State Police criminal-history printout at isp.illinois.gov/CriminalHistory to identify all cases and verify no disqualifying convictions exist.
Obtain certified court records. Request certified copies of the judgment, sentence completion documents, and discharge order from the Circuit Court clerk.
File petition to seal. Your attorney files the Petition to Seal in the Circuit Court of the county where the case was prosecuted using the standardized statewide form. Filing fee is typically $120.
Serve State's Attorney and agencies. The petition must be served on the State's Attorney, Illinois State Police, the arresting agency, and any other agency that maintains records of the case.
Pay ISP processing fee. Submit the $60 Illinois State Police processing fee. Fee waivers are available for petitioners under 400% of the federal poverty line.
Wait for State's Attorney review. The State's Attorney reviews the petition and can object if the conviction does not qualify or if the waiting period has not been met. Most eligible cases proceed without objection.
Attend hearing if required. If the State's Attorney objects, the court schedules a hearing. Your attorney presents evidence that you meet all statutory requirements for sealing.
Receive sealing order. Once the judge signs the order, certified copies are sent to ISP and all record-holding agencies. The record is sealed from public-access databases.

Statutes cited

Illinois Criminal Identification Act § 5.2 (Sealing of criminal records) — 20 ILCS 2630/5.2
Illinois Vehicle Code § 11-501 (DUI exclusion) — 625 ILCS 5/11-501

Frequently asked questions

Can a DUI be sealed in Illinois?

No. DUI convictions under 625 ILCS 5/11-501 are explicitly excluded from sealing in Illinois.

How long do I have to wait to seal a misdemeanor?

Generally 3 conviction-free years after the completion of sentence for most sealable misdemeanors. Some non-conviction outcomes (acquittals, dismissals) can be sealed immediately.

Does sealing destroy the record?

No. Sealing hides the record from most public view but preserves it for limited official use (law enforcement, courts, certain regulated employers). Expungement destroys the record entirely; eligibility for expungement is narrower than for sealing in Illinois.

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