A criminal record follows people long after the case is over. In Will County it shows up on apartment applications, employer background checks, and professional licensing reviews, sometimes for an arrest that never led to a conviction. Illinois law offers two ways to deal with that record: expungement, which destroys it, and sealing, which hides it from the public. Both live in Section 5.2 of the Criminal Identification Act, 20 ILCS 2630/5.2, and both changed on June 1, 2026, when the Clean Slate Act (Public Act 104-0459) took effect.
This guide explains what can be expunged, what can be sealed, how long you have to wait under the current rules, what can never be cleared, how a petition works in the Will County courthouse in Joliet, and why the automatic sealing that begins in 2029 is not a reason to wait.
Expungement vs. Sealing: What Each One Does
Expungement means the arresting agency destroys or returns its records and the court file is removed from public view. In most situations you can lawfully answer that you were never arrested for that offense. Sealing keeps the record in existence but closes it to the public, including the commercial background-check companies most employers and landlords use. Law enforcement, prosecutors, and the courts can still see a sealed record, and so can employers that the law requires to run fingerprint-based checks, such as schools, hospitals, and some licensed professions.
Either way, the Illinois Human Rights Act (775 ILCS 5/2-103) makes it a civil rights violation for an employer to ask about, or act on, a record that has been expunged or sealed. Two things neither remedy does: sealing does not restore firearm rights (see our post on FOID applications after a felony), and neither erases a record for federal immigration purposes. For a fuller side-by-side comparison, read Record Sealing vs. Expungement: What’s the Difference?
What Can Be Expunged in Illinois
Expungement is reserved for records that did not end in a conviction, plus a few sentences the law treats as non-convictions once they are completed. Under 20 ILCS 2630/5.2(b), you can petition to expunge:
- Arrests and charges that did not result in a conviction — released without charges, charges dismissed or nolle prossed, an acquittal, or a finding of no probable cause. There is no waiting period once the case is closed. (Minor traffic offenses are the exception: they are expungeable only if you were arrested and released without being charged.)
- Court supervision that was completed successfully — two years after it ends for most offenses, and five years for supervision on domestic battery (720 ILCS 5/12-3.2), criminal sexual abuse, retail theft, and certain Vehicle Code insurance offenses. Supervision for reckless driving can be expunged only if you were under 25 at the time and have no other DUI or reckless driving convictions.
- Qualified probation that was completed successfully — five years after it ends. This covers Section 410 first-offender drug probation (720 ILCS 570/410), TASC probation (20 ILCS 301/40-10), Second Chance Probation (730 ILCS 5/5-6-3.4), and the other programs the statute lists as qualified probation.
- Convictions that were reversed on appeal, vacated, or pardoned by the Governor with authorization to expunge.
- Minor cannabis offenses. Since the Cannabis Regulation and Tax Act (Public Act 101-0027), arrests and convictions for possessing 30 grams or less, with no penalty enhancement, have been expunged automatically through the Illinois State Police and the Governor’s pardon process. Offenses involving more than 30 grams and up to 500 grams can be vacated and expunged by petition under 20 ILCS 2630/5.2(i).
A conviction itself cannot be expunged in Illinois unless it was reversed, vacated, or pardoned. If you pleaded guilty and were sentenced, even to probation, the remedy is sealing.
What Can Be Sealed, and the Shorter Waits Since June 1, 2026
Since 2017, most misdemeanor and felony convictions in Illinois have been sealable by petition. Public Act 104-0459 kept that eligibility and shortened the clock. Under 20 ILCS 2630/5.2(c)(3) as amended, the waiting periods now run from the end of your last sentence in any case:
- No waiting period for non-conviction records, vacated or reversed convictions, and successfully completed Second Chance Probation.
- Two years for court supervision, qualified probation, misdemeanor convictions, ordinance violations, and any conviction sentenced to probation or conditional discharge that was not revoked — including felony probation. Before June 1, 2026, misdemeanor and probation convictions waited three years.
- Three years for other felony convictions, such as those that carried a prison sentence.
- Immediately on completing the sentence if you earned a high school diploma, GED, associate’s or bachelor’s degree, or a career or vocational certificate while serving it.
Two other petition rules disappeared on June 1, 2026. The requirement to attach a clean drug test when sealing a felony drug conviction was repealed, and a later felony conviction no longer bars you from sealing earlier records. If you were turned down for either reason in the past, you may qualify now.
What Can Never Be Expunged or Sealed
Some records are excluded from both remedies no matter how much time passes. The Clean Slate Act did not change this list:
- DUI (625 ILCS 5/11-501) — a DUI conviction cannot be sealed, and even DUI court supervision can never be expunged. This is the single most common reason a Will County petition fails.
- Reckless driving, unless you were under 25 when sentenced.
- Domestic battery and battery of an unborn child.
- Violating an order of protection, a civil no-contact order, or a stalking no-contact order.
- Sex offenses other than prostitution, and any offense that requires registration as a sex offender while you are still required to register.
- Animal cruelty and dog fighting under the Humane Care for Animals Act.
- Minor traffic offenses, with the arrested-but-never-charged exception above.
Anyone facing a pending charge in one of these categories should understand that the outcome is permanent. That is one reason a DUI charge is worth fighting rather than pleading out, and why court supervision on a reducible charge can be worth far more than it looks on the day of the plea.
The Expungement and Sealing Process in Will County
Petitions are filed in the circuit court of the county where the case was heard. For Joliet, Bolingbrook, Plainfield, Romeoville, and the rest of Will County, that is the Twelfth Judicial Circuit at the Will County courthouse in Joliet. Each county where you have a record needs its own petition. The steps:
- Get your complete record. Pull your criminal history from the Illinois State Police and the court file from each circuit clerk. Petitions are denied over records the petitioner forgot or never knew about.
- Confirm eligibility and timing for every arrest and case, using the rules above. A single ineligible offense does not block the others, but it does have to be left out.
- File the petition. Illinois uses statewide forms approved by the Supreme Court. The circuit clerk charges a filing fee; a fee waiver is available if you cannot afford it. If you are seeking to expunge, outstanding fines and costs can be a basis for denial, so clear them first.
- Service and the 60-day objection window. The clerk serves the petition on the State’s Attorney, the Illinois State Police, and the arresting agency. Under 20 ILCS 2630/5.2(d), each has 60 days to object. If no one objects, the judge may grant the petition without a hearing.
- Hearing, if there is an objection. The judge weighs the strength of the State’s reasons, your history, and your rehabilitation, and either grants or denies the petition.
- The order. Once granted, the State Police and every agency named in the order have 60 days to seal or expunge their records. Expect the full process to take a few months from filing.
If your case is ending in an acquittal or dismissal, there is a shortcut: 20 ILCS 2630/5.2(g) lets you ask the judge for immediate sealing of that non-conviction at the time of the disposition, with no separate petition.
Automatic Sealing Is Coming in 2029. Here Is Why You Should Not Wait.
The headline of the Clean Slate Act is automatic sealing. Beginning January 1, 2029, under new 20 ILCS 2630/5.3, the Illinois State Police will identify eligible records each quarter and notify the circuit clerks, who must seal them within 90 days. Non-conviction records will be sealed as soon as the case ends, and eligible convictions will be sealed once the same two- and three-year waiting periods have run. Older records are scheduled to be processed in phases over the following years, with the last group due by 2034.
Three limits matter. First, the most serious felonies — Class X offenses, homicide, robbery, residential burglary, and other crimes of violence — are excluded from automatic sealing, though many remain sealable by petition. Second, the permanent exclusions above apply either way. Third, the dates in the statute are deadlines, and the rollout depends on state funding. A record you could seal by petition in 2026 would otherwise stay visible to every employer and landlord until at least 2029. For most people with a sealable record, the right move is to file now.
Why Hire a Joliet Expungement Attorney
The forms are free and the rules are public, so why hire a lawyer? Because petitions fail on details: a disposition that was recorded wrong, a case the petitioner did not know was still open, a miscalculated waiting period, or an objection from the State’s Attorney that goes unanswered. Attorney Jack Zaremba is a former Will County prosecutor and former Illinois Assistant Attorney General with more than 20 years in the Joliet courthouse. He knows how the Will County State’s Attorney’s office evaluates these petitions, how to build the record that answers an objection, and how to handle multiple cases across counties in the right order. Learn more about our expungement and record sealing representation, or contact the Law Offices of Jack L. Zaremba for a free consultation.
Frequently Asked Questions
What is the difference between expungement and sealing in Illinois?
Expungement destroys the record and removes it from public view as if the arrest never happened. Sealing keeps the record but hides it from the public and from most employers. Law enforcement, the courts, and employers required by law to run fingerprint checks can still see a sealed record.
How long do I have to wait to seal a conviction in Illinois?
Since June 1, 2026, the wait is two years after the end of your last sentence for misdemeanor convictions, supervision, qualified probation, ordinance violations, and any conviction sentenced to probation or conditional discharge that was not revoked. Other felony convictions wait three years. Non-conviction records can be sealed at any time.
Can a felony be expunged in Illinois?
Not if it ended in a conviction, unless that conviction was reversed, vacated, or pardoned. Most felony convictions can be sealed instead, after two years if you were sentenced to probation or three years if you served prison time. Some felonies, such as sex offenses requiring registration, can never be sealed.
Can a DUI be expunged or sealed in Illinois?
No. A DUI conviction cannot be sealed, and DUI court supervision cannot be expunged. The exclusion is permanent, which is why a DUI charge is worth defending before it becomes a record.
Will my record be sealed automatically under the Clean Slate Act?
Possibly, but not before January 1, 2029, and only if your record is eligible and not excluded as a serious felony. The State Police will identify records in phases through 2034, and the schedule depends on funding. A petition filed now can seal an eligible record years earlier.
How long does expungement or sealing take in Will County?
After the petition is filed and served, the prosecutor, the State Police, and the arresting agency have 60 days to object. If no one objects, the judge can rule without a hearing. Once an order is entered, the agencies have 60 days to comply, so the full process usually takes a few months.
This post is for informational purposes only and does not constitute legal advice. Results vary by case.