Sealing Felony Convictions

Sealed records are maintained by the agencies. Most of the general public will not have access to the contents of the record. However, law enforcement and the courts will still have access to the records, as will a few employers and other entities as allowed by law.

Expunge A Felony

Expunged records are destroyed or returned to the petitioner. The agencies will destroy their records and remove all mention of your name from the public record.

Other Remedies

If your record does not qualify for expungement or seal, you may wish to look into Executive Clemency and Expungement - a Pardon from the Governor.  This is an entirely different process from standard expungement.  You will need to submit a petition to the Illinois Prisoner Review Board, who will then make a recommendation to the Governor.  If the Governor agrees, you will need to go through the expungement process.  Getting the pardon does not mean you will automatically be granted an expungement.

What Cannot Be Sealed or Expunged

Domestic Battery and/or Violation of an Order of Protection, Class A and above offenses listed under the Humane Care for Animals Act, Driving Under the Influence (DUI) and Reckless Driving (with the youthful offender exception) and, Sex Crimes under Article 11 of the Criminal Code of 2012

However, there are exceptions and other Remedies that may be available  

How Long Does it Take

The State gets 60 days to object to a Petition to Expunge or a Petition to Seal. How long your case will take also depends on the size of the jurisdiction you are in, whether there is an objection to your Petition and how long it takes to get your case on the docket. If the judge orders your record expunged or sealed, it can take up to 60 days for the law enforcement agencies to process the order.

Do I have to tell a potential employer after my charge was expunged or sealed?

No. In Illinois, it is against the law for employers or potential employers (except those specifically allowed by law) to ask you whether you ever had any records expunged or sealed. BUT if you have filed for your record to be expunged or sealed and the court has not ruled on it yet, you still have to disclose your criminal history on a job application if you are asked.