Expungement of Criminal Records in Illinois: Eligibility, Process, and Benefits in 2025

 Posted on September 11, 2025 in Expungement & Record Sealing

Expungement of criminal records in Illinois offers a fresh start for individuals with past convictions, sealing or destroying eligible records to reduce barriers to employment, housing, and education. As a Joliet criminal defense attorney and former Will County prosecutor with over 20 years of criminal law experience, I've helped many clients in Will County successfully expunge records from misdemeanors, arrests without conviction, or certain felonies. Under the Illinois Criminal Identification Act (20 ILCS 2630/5.2), eligibility has expanded in 2025 with reforms from the Adult Redeploy Illinois Oversight Board, allowing automatic expungement for some low-level offenses and faster petitions for others. However, violent felonies, DUIs, and sex offenses remain ineligible, and priors can complicate applications—understanding the process is key to avoiding denials and reclaiming your future, especially when records impact license reinstatement or job opportunities.

Eligibility for Expungement in Illinois

Eligibility depends on the offense type and completion status:

• Misdemeanors and Arrests: Eligible after 2 years for misdemeanors (immediate for arrests without charges filed); 
• Felonies: Class 4 non-violent felonies eligible after 5 years post-sentence, but not if violent or firearm-related.
• Ineligible Offenses: DUIs, domestic battery, sex crimes, most higher class felonies

 In 2025, HB 3139 streamlines automatic expungement for eligible records via the Illinois State Police, notifying individuals annually. For Will County residents, Joliet court records must be cleared of fines. Priors or pending cases disqualify, but sealing (hiding from public view) is an alternative for ineligible expungements.

The Expungement Process in 2025

Check Eligibility: Use the Illinois State Police online tool or consult an attorney to verify records via fingerprint-based background check ($20 fee).

• File Petition: Submit to the circuit court in the conviction county (e.g., Will County for Joliet) with forms from the Illinois Courts website; no filing fee for eligible cases.
• Hearing: Courts review within 60 days; objections from prosecutors are rare but can occur—attend to explain rehabilitation.
• Order and Notification: If granted, the court orders expungement; the State Police seals records within 60 days, and agencies are notified.

In 2025, virtual filings speed the process, but backlogs can delay 3-6 months. Denials can be appealed or refiled after eligibility periods.

Benefits and Long-Term Impacts of Expungement

Expunged records don't appear in most background checks, improving job prospects (e.g., 70% of employers check records) and housing applications. For license reinstatement, it aids SOS hearings by showing rehabilitation. However, records remain accessible to law enforcement, and federal checks (e.g., FBI) may still show them.

Why Hire a Joliet Criminal Defense Attorney for Expungement?

Expungement applications are technical errors lead to denials. At Zaremba Law Office, we handle eligibility reviews, petitions, and hearings in Will County to ensure success.

Contact Jack L. Zaremba for a free consultation at our contact page or call (815) 740-4025. Start your fresh beginning today.