Expungement and
Sealing of Adult
Criminal Records
What is expungement and sealing?
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Statutory Remedy – Criminal Identification Act
(20 ILCS 2630/5).
A court filing.
Removes records from public view and orders
the following agencies to expunge or seal the
records:
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Clerks Office
Arresting Police Agency
Illinois State Police (who forwards to FBI)
Provides protection under the Illinois Human
Rights Act against employment discrimination.
What is the difference between
expungement and sealing?
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Access to the Records
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Expunged records can only be accessed by law
enforcement if a person is arrested and charged with
certain same or similar offenses.
Sealed records can be accessed by law enforcement.
Sealed felony records can be accessed by any agency
that by statute must conduct background checks.
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Schools, park districts, public transportation, DCFS, law
enforcement, children services, some units of local
government.
What can be expunged
or sealed?
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Expungement is available to those who
have never been convicted as an adult.
Sealing is available to those who have
minor misdemeanor convictions and very
limited Class 4 felony convictions.
What is a conviction?
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Plea of guilt or finding of guilt by a judge or jury,
resulting in a sentence of:
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Conditional Discharge (CD)
Probation
Time Considered Served (TCS)
Jail or Prison Sentence (DOC)
Fines (for municipal ordinance violations)
The finding of guilt does not equal the conviction –
the sentence determines whether it is a conviction.
What is not a conviction?
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Dismissals & Acquittals
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Stricken Off With Leave to Reinstate (SOL)
Finding of Not Guilty (FNG)
Finding No Probable Cause (FNPC)
Non-Suit (ordinance violations)
Nolle Prosequi
Older rap sheets may include: Leave to File Denied
(LFD); Dismissed with Prejudice (DWP)
Released without Charging (RWOC)
What is not a conviction?
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Supervision
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710-1410 Probation
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Sentence must be satisfactorily completed.
First-time drug offender probation. Sentence must be
satisfactorily completed.
TASC Probation
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Must be satisfactorily completed and vacated within 30
days of probation termination.
Expungement Waiting Periods
Acquittals, Dismissals, Released without
Charging or Reversals
Immediate (except for SOL or NonSuit, which is 120-160 days)
 Supervision
2 years after successful completion
(unless listed below).
Expungement Waiting Periods
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Supervision - 5 years after successful completion:
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Uninsured Motorist Violations
Vehicle Records Violations
Reckless Driving
Domestic Battery (old statute)
Criminal Sexual Abuse
Retail Theft
Special Types of Probation - 5 years after successful
completion:
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710-1410 Probation
TASC Probation (properly vacated)
Aggravated Battery of a Child (prior to 1989)
Expungement “Rules of Thumb”
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Longest waiting period must be met prior to eligibility
for expungement.
The only supervision that cannot be expunged is for
driving under the influence or sex offense again a minor.
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This does not bar expungement of the rest of the criminal record
if there are no other convictions.
“All or nothing” remedy – even one conviction –
anywhere - makes a person ineligible for expungement.
Traffic Violations – if a traffic violation rises to the level
of a misdemeanor, a conviction will bar expungement.
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Driving while license suspended, reckless driving, driving under the
influence, fleeing & alluding, damage or theft to vehicle.
SEALING Eligibility
Available to those with certain convictions.
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Law first passed in 2004, allowing for the sealing of
minor misdemeanor convictions. For the first time,
the legislature provided an alternative to a
gubernatorial pardon.
Law was amended in 2005, allowing for the sealing of
very limited felony convictions.
Allows petitioner to answer “NO” to the
question…. “have you ever been convicted?”
Only law enforcement and agencies with
statutory access to sealed records can view.
What can be sealed?
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Misdemeanor Acquittals and Dismissals.
Misdemeanor Convictions and Supervisions (with
exceptions)
Felony Convictions, Acquittals and Dismissals – all Class
4 felonies:
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Prostitution
Possession of Cannabis
Possession of Controlled Substance (PCS)
Carry/Possession of Firearm (between 1995 and 1999) – People
v. Cervantes, 189 Ill. 2d. 80 (1999).
What Cannot be Sealed
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Any felony not listed above (including acquittals and
dismissals).
The following Misdemeanor Convictions and Supervisions
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Crimes of Violence under Crime Victims Compensation Act (740
ILCS 45/2(c))
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Sex Crimes under Article 11 of the Criminal Code (720 ILCS 5/11, et. seq.)
 Solicitation (of prostitute or sexual act), Patronizing a Prostitute,
Fornication, Pimping, Keeping a Place of Prostitution, Obscenity,
Harmful Material, Public Indecency, Adultery
Violations of Humane Care for Animals Act (510 ILCS 70/1)
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Battery, Assault, Aggravated Assault, Domestic Battery, Reckless
Conduct, Criminal Sexual Abuse, Violations of Order of Protection
Dog Fighting & Animal Cruelty
Driving Under the Influence (625 ILCS 5/11-501)
Sealing Waiting Periods
 Acquittals & Dismissals
•
No waiting period (except for SOLs and Non-Suits)
 Misdemeanor supervisions (if not one of exceptions)
•
3 years after completion of sentence
 Misdemeanor and felony convictions (if not one of the
exceptions)
•
4 years after completion of sentence
Sealing “Rules of Thumb”
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Longest waiting period must be met prior
to sealing eligibility.
Partial sealing is allowed.
Petitioner must submit proof of clean drug
test, taken within 30 days of filing, to seal
a Class 4 possession conviction.
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710-1410 probation is treated as a Class 4
felony conviction – drug test is also required.
Determining Eligibility
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Each and every arrest must be accounted
for. Information comes from police and
court records.
Police Records – accounts for arrests that
have taken place.
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Arresting Agencies – local police department.
Illinois State Police
Federal Bureau of Investigation
Police Records
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Chicago Police Department
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R.A.P. Sheets
Requirement for filing in District 1 only.
3510 S. Michigan Ave. – Mon. thru Fri. - 8:00
to 12:00 p.m. - $16 fee.
Illinois State Police
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Can only obtain copy of convictions. To view
“arrests”, must go through Access & Review
process.
Police Record Information
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Upon arrest:
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Central booking (CB) number is generated.
Arrest report is made.
Decision whether to criminally charge is made
(individuals may be “released without
charging”)
Chicago Police Department RAP Sheet (OLD)
Chicago Police Department RAP Sheet (NEW)
Illinois State Police Conviction Report
Court Records
 Court
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Dispositions
Maintained by Clerk of the Circuit Court.
Court record information overrides police
records.
Must verify each arrest with court record to
appropriately determine:
Case number
 Charge
 Disposition
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Court Dispositions
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Available for cases after 1984
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For arrests prior to 1984, Central Booking # (from rap
sheet) is used for case number on the forms.
Misdemeanor Case Numbers
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10 numbers
Year – District – 6 Numbers - # of Defendant
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98-5-147986-01
Felony Case Numbers
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Year – CR or C – 5 or 6 Numbers - # of Defendant
95-CR-1489402
All felony cases ALSO have a municipal number
Ordinance Violation Disposition
Misdemeanor Disposition
Felony Transfer Case
Felony Disposition
2009 Expungement Summit
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Individuals will come with rap sheets (if Chicago cases)
and court dispositions.
Lawyers will chart out information in chronological
order from rap sheet, determine case outcome with court
dispositions, and prepare pro se petitions.
The following information is needed to fill out
expungement and sealing forms:
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Date of Arrest
Case Number
Charge
Disposition & Date – dismissal/acquittal or finding of guilt
Sentence
Discharge Date
Identification (IR) Number
Central
Booking
1
2
3
4
5
6
7
8
9
10
Arrest
Date
Case Number
Charge(s)
Disposition /
Date
Sentence
Discharge
Date
Preparing the Forms
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Notice of Filing
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Whether a person is filing an expungement or
a sealing, a Notice of Filing is required.
District 1 (Chicago) has one Notice.
Suburban districts in Cook County have a
different Notice of Filing, as there are multiple
cities within those districts.
All cases are listed on the Notice of Filing.
Notice of Filing – Dist. 1
Districts 2 – 6
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District 2 – Skokie
District 3 – Rolling Meadows
District 4 – Maywood
District 5 – Bridgeview
District 6 – Markham
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Each district has multiple villages
District cases do not always appear on
Chicago Police Department rap sheets
Notice of Filing – Districts 2-6
Preparing the Forms Expungement
 Petition to Expunge
 Includes
all cases resulting in dismissal,
acquittal or released without charging.
 Includes all cases resulting in a sentence of
supervision requiring a waiting period of 2
years.
Petition to Expunge
Preparing the Forms Expungement
 Petition
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to Expunge and Seal
Includes all cases resulting in a sentence of
supervision requiring a waiting period of 5
years from termination of supervision.
Includes 710-1410 probation cases.
Includes TASC probation cases.
Petition to Expunge and Seal
Preparing the Forms Expungement
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Order to Expunge
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Includes all cases from each petition (and
same arresting agency).
Check the appropriate box(es) depending on
dispositions of case(s).
Order to Expunge
Preparing the Forms - Sealing
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Petition & Order to Seal Arrest Record
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Includes all cases resulting in dismissal,
acquittal, reversal, released without charging,
and sentences of supervision.
Check appropriate box(es) depending on case
disposition(s).
Multiple cases from same arresting agency go
on the same forms (we number case numbers,
charges and arrest dates to correspond).
Petition to Seal Arrest Record
Order to Seal Arrest Record
Preparing the Forms - Sealing
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Petition & Order to Seal Conviction
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Includes all cases resulting in a conviction
710-1410 probations go on these forms when a
person is sealing, either due to a shorter
waiting period (5 vs. 4 years) or because there
is a separate conviction on the record.
Multiple cases from same arresting agency go
on the same forms (we number case numbers,
charges and arrest dates to correspond).
Petition to Seal Conviction
Order to Seal Conviction
Procedure
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Petitions are filed in the Clerk’s Office of the
district(s) in which the case(s) occurred (all
filings for Cook County accepted at the Summit)
The filing fee is $120, plus $9 per case for
certified dispositions (which the person should
already have).
Fees can be waived if a person has little or no
income. Fee waivers cannot occur at the
Expungement Summit.
Reasons Individuals Can’t File at
the Expungement Summit
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Need to Order Court File to Verify Information.
Cannot find disposition.
Need arrest report
Need to file a fee waiver.
Need to obtain Chicago Police Dept. rap sheet.
Need a drug test.
Just don’t have the money to pay that day.
Objections
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Notice of the filing is served by the Clerks on:
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State’s Attorney
Illinois State Police
Arresting agency
Chief Legal Officer of the city in which the arrest
occurred.
Each entity can file an objection to the petition:
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Expungement = 30 days
Sealing = 90 days
After Filing & Objection Period
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The presiding judge in each district rules on
expungement and sealing petitions.
Procedures in each district varies:
For example:
 District 1 – file and wait to hear back in the mail.
 District 6 – a court date is set upon filing.
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If a petition is denied, a person may file a
Motion to Reconsider the denial before the
presiding judge or they will receive a court
date for a determination to be made.
After Petition is Granted
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Clerk’s Office forwards the Order to the arresting
agency and Illinois State Police.
Illinois State Police and arresting agencies
expunge or seals the records.
Petitioner receives verification from each agency
(Clerk’s Office, arresting agency and Illinois State
Police) that the Order has been processed.
Orders from suburban Cook County districts must
also be forwarded to Chicago Police Department if
arrest took place after ~2001.
Last Steps for Petitioner at Summit
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Will have completed petitions and documents, proceed
to cashier room to pay $120 filing fee. Will be given a
“what happens next” form for better understanding of
process.
Will have completed petitions and documents, but need
to file at a later date due to (1) no money that day, or (2)
need fee waiver. Will be provided form on where to go
and “what happens next” form.
Petitioner needs certain documents (i.e. rap sheet, drug
test, court documents), so will be given a “next steps”
sheet with that information. Will be provided
information on Expungement Help Desk or other legal
services if needed.