Expungement and Sealing of Arrest Records in Illinois: A Helpful Guide

Getting arrested can be a scary and stressful experience. Even if the charges are dropped or you are found not guilty, the arrest remains on your record. This can cause major problems when applying for jobs, housing, loans etc. Luckily, Illinois offers options to remove arrests from your record through expungement or sealing. This guide will explain everything you need to know about clearing your record in Illinois.

What is Expungement vs Sealing?

Expungement and sealing are two ways to remove an arrest from your criminal record in Illinois. Here’s the difference:

Expungement means the arrest is completely erased from your record. It’s like it never happened. Police, employers, landlords etc. will not be able to see it.
Sealing means the arrest is hidden from public view and most private databases. However, some government agencies like police can still access sealed records.

So expungement offers more complete removal of an arrest. But sealing still provides major benefits in terms of employment, housing, loans etc.

Am I Eligible to Expunge or Seal My Record?

There are specific eligibility requirements to expunge or seal arrests in Illinois. Here are some of the main ones:

Waiting Periods – You must wait a certain amount of time after the arrest before filing for expungement or sealing:
- Misdemeanors: 1 year for expungement, 3 years for sealing
- Felonies: 3 years for expungement, 4 years for sealing
The waiting period starts after you finish your sentence (probation, parole etc).
Type of Offense – Most misdemeanors and ordinance violations can be expunged or sealed. Some exceptions are DUIs, domestic violence etc. Only non-violent felonies can be expunged or sealed. Violent felonies like murder cannot.
Number of Convictions – You can only expunge/seal 2 misdemeanor convictions and 1 felony conviction in your lifetime. More than that makes you ineligible.
Completion of Sentence – You must complete any probation, parole, supervision etc. from the case to qualify for expungement or sealing.

There are additional eligibility factors, like your age at the time of arrest. An experienced lawyer can review your specific record and advise if you qualify.

How Much Does Expungement or Sealing Cost in Illinois?

The total costs will be:

Lawyer fees – $1000 to $2500 on average. More for complex cases.
Filing fees – $120 to $150 depending on the county. Waivers are available for low income.
Fingerprinting – $20 to $30 at local police station.

So you’re looking at around $1200 to $2700 total. The exact costs depends on your specific situation. Many lawyers offer free consultations to estimate your total costs.

Should I Hire a Lawyer to Expunge or Seal My Record?

Trying to navigate the expungement/sealing process yourself can be extremely confusing. Forms, procedures and rules differ across counties. One small mistake can ruin your chances.

An experienced Illinois expungement lawyer knows the process inside-out. They can review your history and advise if you qualify. If so, they handle everything from A to Z – paperwork, filing, court hearings etc. This takes the stress off you.

So while hiring a lawyer adds to the cost, it greatly improves your chances of success. For most people, it’s absolutely worth the investment.

How Do I File for Expungement or Sealing in Illinois?

There are three options for filing an expungement/sealing petition:

Through an Attorney – This is the easiest option. You simply hire a lawyer and they take care of everything. They will review your history, prepare your petition, file it with the court, attend hearings etc.
In Person at the Courthouse – To file an expungement or sealing petition in person, you must go to the courthouse in the county (or district) that has your records. Hand your petition and filing fee to the clerk. Make sure to follow all the rules and fill out the forms perfectly. Any mistakes could get your petition rejected.
Online Through Odyssey eFileIL – Some counties allow you to file expungement/sealing petitions electronically through the Odyssey eFileIL website. You must create an account, complete all the forms, pay fees etc. This can be complex without a lawyer’s help. But it allows you to file from home.

What’s the Process After Filing for Expungement or Sealing?

After you submit your petition, here are the typical next steps:

Notification Period – The State’s Attorney’s office is notified and can object within 60 days.
Court Hearing – If no objection, the judge reviews your petition and makes a decision. You may have to attend this hearing.
Order Finalized – If approved, the court enters an order finalizing the expungement/sealing.
Records Updated – All agencies like police departments and courts update their records per the order. This can take 1-2 months.

An experienced attorney will walk you through each step and handle any hiccups.

Expungement and Sealing of Arrest Records in Illinois