Expungement and Sealing of Criminal Records in Will County: Eligibility, Process, and Benefits in 2026

 Posted on January 30, 2026 in Expungement & Record Sealing

A criminal record can linger like a shadow, hindering job opportunities, housing applications, and even personal relationships long after the legal matter is resolved—but expungement or sealing offers a path to a fresh start. As a Joliet criminal defense attorney with over 20 years of experience, including my time as a former Will County prosecutor, I've assisted countless clients in clearing their records through expungement (complete erasure) or sealing (hiding from public view), often transforming their futures by removing barriers tied to past arrests or minor convictions.

At the Law Office of Jack L. Zaremba, we navigate these processes with precision in Will County courts, especially with the new Clean Slate Act automating certain sealings starting in 2026. In this blog post, we'll explore eligibility under Illinois law, the step-by-step process, key benefits, and strategies to maximize success. For related topics, see our guides on Second Chance Probation in Illinois and Defending Against Drug Possession Charges .

What is Expungement vs. Sealing in Illinois?

Expungement under Illinois law (20 ILCS 2630/5.2) completely destroys records, making them inaccessible even to law enforcement in most cases, while sealing (under the Criminal Identification Act) hides them from public background checks but allows access by authorities, employers in sensitive fields, or for sentencing. Key differences:

• Expungement: Ideal for arrests without charges, acquittals, dismissals, or certain minor misdemeanors like cannabis possession under 30g (post-legalization).
• Sealing: Applies to most misdemeanors and some Class 3/4 felonies (e.g., non-violent theft under $500, drug possession) after waiting periods.
• Ineligible Offenses: Violent crimes, sex offenses, DUIs, or higher class felonies can be excluded

In Will County, with the Clean Slate Act (HB 1836) effective January 2026, eligible records (e.g., certain misdemeanors after 3 years) will be automatically sealed every 6 months by law enforcement, simplifying the process but excluding serious crimes. For the full statutes, refer to the Illinois Compiled Statutes on Criminal Identification .

 In 2026, expanded automation reduces petitions for qualifying cases, but complex histories still require manual filings.

Eligibility for Expungement and Sealing

Eligibility depends on offense type, outcome, and time elapsed:

• Expungement: Immediate for arrests without conviction; 2 years for eligible misdemeanors (e.g., disorderly conduct); 5 years for certain felonies if no new convictions.
• Sealing: Most misdemeanors after 2 years; Class 3/4 felonies after 3 years from sentence completion, with no subsequent felonies.
• Waiting Periods and Bars: No expungement if convicted; sealing barred for DUIs, domestic battery, or animal cruelty cases.
• Factors like multiple arrests or probation completion must be verified via records from the Will County Circuit Clerk. Under the Clean Slate Act, automatic sealing covers eligible convictions without petitions, but check status

The Process for Expungement or Sealing

Steps include:

• Gather Records: Obtain rap sheets from Illinois State Police ($20 fee) and local clerks.
• File Petition: Submit forms (free from OSAD or Illinois Legal Aid) in the county of arrest/conviction (e.g., Will County Courthouse in Joliet).
• Hearing: Possible objection from State's Attorney; judge decides based on public interest.
• Timeline: 70-90 days post-filing; automatic under Clean Slate for eligibles.

Benefits of Clearing Your Record

Benefits extend far:

• Employment: Passes background checks for most jobs, excluding sensitive roles.
• Housing and Education: Easier approvals without visible records.
• Personal Relief: Restores voting rights (if lost), firearm ownership and peace of mind.
• Long-Term Impact: Prevents license holds or enhanced sentencing in future matters.

 With 2026's automation, millions of records could clear, but manual petitions remain key for non-automatic cases.

Why Hire an Expungement Attorney?

The process involves nuanced eligibility checks and potential hearings; errors lead to denials and refiling waits. As a former prosecutor, I anticipate objections and build strong petitions to secure clearances efficiently.

If you're seeking to expunge or seal records in Will County, contact the Law Office of Jack L. Zaremba for a free, confidential consultation. Visit our contact page or call our Joliet office to unlock your fresh start in 2026. Your past doesn't define you—clear it today.