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Expungement, sealing, or motion to vacate and expunge (cannabis) in Illinois

Can I clear my record in Illinois?

Illinois has two main court petitions.

Automatic clearing passed, not yet in effect

How did your case end?

Pick the one that matches. We'll show the routes Illinois law offers for it, with the wait and the cost.

Pick an answer above to see your routes, waits and costs.

At a glance

Expungement erases arrests, dismissed charges, and court supervision or qualified probation that was completed successfully. Sealing hides most misdemeanor and felony convictions from the public after a waiting period. DUI, domestic battery, most sex offenses and a few other offenses can never be sealed. Minor cannabis records have their own vacate-and-expunge route. The Clean Slate Act signed in January 2026 shortened some waiting periods from June 1, 2026 and adds automatic sealing, which is expected to start in 2029.1,2,3,4

Checked October 21, 2026 against 18 sources, starting with Illinois law, then by a second reader.

What it's called
Expungement, sealing, or motion to vacate and expunge (cannabis)1,2,3
Automatic clearing
Passed, not yet in effect6,8,11
DUI or DWI
Can't be cleared2,6,10
Filing fee
Varies1,2,3
Fee waiver
Available1,2,3

Expungement

Expungement

The court's instructions say expungement "erases arrests, dismissed charges, court supervisions, and qualified probations that were completed successfully" so the record is treated as if it never happened. Employers and the public can't see expunged records or learn that a record was expunged, and you don't have to tell employers about them.1,2,3,4

What it's for: Arrests and charges that didn't end in a conviction, court supervision or qualified probation that was completed successfully, and a few kinds of convictions.

Who can use it

  • Arrests and charges for misdemeanors or felonies that ended in acquittal, dismissal, nolle prosequi, non-suit, SOL, diversion, a finding of no probable cause, or release without charging.
  • Court supervision that was completed successfully, after the waiting period.
  • Qualified probation (for example first offender drug probation under 410, 710 or 1410, or TASC) that was completed successfully, after 5 years.
  • Convictions that were reversed or vacated.
  • Convictions pardoned by the Governor with authorization to expunge.
  • Convictions covered by a Prisoner Review Board Certificate of Eligibility for Expungement (honorably discharged veterans).
  • Eligible misdemeanor or Class 4 felony cannabis convictions under the Cannabis Regulation and Tax Act (410 ILCS 705).
  • Reckless driving supervision, if you are now 25 or older, the supervision happened before you turned 25, and you have no other convictions.

What doesn't qualify

  • Convictions, unless one of the exceptions above applies. Probation (other than successfully completed qualified probation), jail or prison, conditional discharge, time served, and fine-only sentences all count as convictions.
  • Supervision or qualified probation that wasn't completed successfully.
  • Supervision for DUI.
  • Supervision for reckless driving if you were 25 or older at the time.
  • Supervision for sexual offenses against a minor under 18.
  • Minor traffic offenses, unless you were released without being charged.
  • Anyone with pending criminal charges or a sentence not yet finished, including parole, probation or supervision.

How long you have to wait

RecordWaiting period
Acquittal, dismissal or release without chargingNo waiting periodThe Cook County Clerk's guide says acquittals and dismissals have no waiting period; the court instructions list none.
Court supervision (most offenses), completed successfully2 years after successful completion
Court supervision for domestic battery, criminal sexual abuse (victim 18 or older), driving an uninsured vehicle, driving with registration suspended for no insurance, showing a false insurance card, or a scrap processor's failure to keep records5 years after successful completion
Qualified probation (first offender drug probation, TASC), completed successfully5 years after successful completionThe court instructions say these may qualify for sealing after 2 years instead.

How to apply

  1. Get your records from the Circuit Clerk, the Illinois State Police, the local police, a LiveScan vendor, or the Chicago Police Department for Chicago arrests.
  2. Fill out the Case Worksheet, then the Request to Expunge & Impound and/or Seal Criminal Records and any Additional Arrests or Cases forms. Illinois Legal Aid Online has a free guided interview that fills in the forms.
  3. Call the Circuit Clerk to confirm local filing rules, then file in each county where you have a case.
  4. The State's Attorney, the Illinois State Police and the arresting agencies have 60 days to object in writing. If they don't object in that time, they can't object later.
  5. Go to any court date the court sets. Some counties set a hearing right away and others only if someone objects. Missing it can get your Request denied.
  6. If the judge grants the order, the clerk sends it to the police and prosecutors, who have 60 days to comply. The Illinois State Police sends you a letter when your records are cleared. Keep your copy of the order.
  7. If you are denied, you can file a Motion for Reconsideration within 60 days or a Notice of Appeal within 30 days.
Where to file
The Circuit Clerk in each county where you were arrested or charged.
Cost
Fees vary by county. You pay a Circuit Clerk filing fee plus an Illinois State Police processing fee, which the clerk collects. A certified disposition fee and record fees (such as a Chicago Police RAP sheet) may also apply. You pay in each county where you file. The Cook County Clerk's guide (undated) lists $151.50 per petition.
If you can't pay
You can ask to file without paying. If you can't afford the fees, file the Application for Waiver of Court Fees with your Request; you can ask the court to waive the Illinois State Police processing fee too. A judge decides; in Cook County you must appear for a hearing on the waiver.
Court hearing
Sometimes
How long it takes
60 days for agencies to object, then 60 days for agencies to comply after an order. The Cook County Clerk estimates about 4 to 6 months in suburban districts.

Official forms

Sealing

Sealing

Sealing hides records from most of the public. Law enforcement agencies, prosecutors and courts can still see sealed records. Employers that are required by law to run fingerprint background checks can see sealed felony convictions, but not sealed misdemeanor convictions or cases without a conviction. Other employers and the public can't see sealed records or learn that a record was sealed, and you don't have to tell employers about them.1,2,6,7

What it's for: Most misdemeanor and felony convictions after a waiting period, plus non-conviction records and completed Second Chance Probation.

Who can use it

  • Arrests and charges for misdemeanors or felonies that didn't lead to a conviction.
  • Second Chance Probation that was completed successfully.
  • Misdemeanor and felony convictions after the waiting period, unless the offense is on the list of records that can't be sealed.
  • Minor traffic offenses, only if you were released without being charged.

What doesn't qualify

  • Driving under the influence (625 ILCS 5/11-501), as a conviction or as supervision.
  • Reckless driving (625 ILCS 5/11-503), except for a person who was under 25 at the time and has no other DUI or reckless driving convictions.
  • Domestic battery (720 ILCS 5/12-3.2).
  • Violating an order of protection, a civil no-contact order or a stalking no-contact order.
  • Soliciting or patronizing a prostitute (720 ILCS 5/11-18).
  • Felony public indecency. Misdemeanor public indecency can be sealed.
  • Any other misdemeanor under Article 11 of the Criminal Code (sex offenses), except prostitution.
  • Any offense that requires registration under the Sex Offender Registration Act.
  • Dog fighting and listed Class A misdemeanors under the Humane Care for Animals Act.
  • Anyone with pending criminal charges or a sentence not yet finished.

How long you have to wait

RecordWaiting period
Arrests and charges without a convictionNo waiting period listed in the court instructions
Misdemeanor conviction or ordinance violation2 years after you finish your last sentenceShortened from 3 years by the Clean Slate Act (HB 1836), in effect from June 1, 2026 according to Illinois Legal Aid Online.
Qualified probation2 years after you finish your last sentence
Felony conviction with a sentence of probation or conditional discharge that wasn't revoked2 years after you finish your last sentenceAs listed in the court's instructions revised 09/26. Illinois Legal Aid Online also puts 'probation completed without revocation' in its 2-year group; the Governor's announcement describes felonies generally as 3 years.
Other felony convictions3 years after you finish your last sentenceIf your felony sentence was prison, jail, or probation or conditional discharge that was revoked, and you earned a new diploma, GED, degree, or career or vocational certification during that sentence, you can ask the court to waive the wait and file when the sentence ends.
Convictions that require registration as an arsonist or as a murderer or violent offender against youthNot until you are no longer required to register

How to apply

  1. Use the same Request to Expunge & Impound and/or Seal Criminal Records form; you can ask for expungement and sealing in one Request.
  2. List each case on the form (use Additional Arrests or Cases for Sealing if needed) and file with the Circuit Clerk in each county.
  3. The State's Attorney, the Illinois State Police and the arresting agencies have 60 days to object. Go to any court date that is set.
  4. The judge decides even if you meet the rules. The judge may consider the strength of the evidence, any objections, your age, your criminal and work history, the time since the arrest, and how a denial would affect you.
Where to file
The Circuit Clerk in each county where you have a case.
Cost
Same as expungement: a county Circuit Clerk filing fee plus an Illinois State Police processing fee collected by the clerk, paid in each county. The Cook County Clerk's guide (undated) lists $151.50 per petition.
If you can't pay
You can ask to file without paying. File the Application for Waiver of Court Fees with your Request; the court can waive the filing fee and the Illinois State Police processing fee.
Court hearing
Sometimes
How long it takes
60 days for agencies to object, then 60 days for agencies to comply after an order.

Official forms

Vacating a conviction

Motion to vacate and expunge (cannabis)

Vacates an eligible cannabis conviction and expunges the court and police records for it.1,2,8

What it's for: Older Illinois cannabis possession and manufacture/delivery convictions within set amounts, plus the court records of minor cannabis arrests that police expunged automatically.

Who can use it

  • Possession of 500 grams or less, convicted between 8/13/1973 and 6/25/2019.
  • Attempted possession of 2,000 grams or less, convicted between 8/15/1997 and 6/25/2019.
  • Attempted possession of any amount, convicted between 8/13/1973 and 8/14/1997.
  • Manufacture or delivery (or possession with intent) of 30 grams or less, convicted between 9/24/1983 and 6/25/2019.
  • Attempted manufacture or delivery of 500 grams or less, convicted between 9/24/1983 and 6/25/2019.
  • Court records of an adult arrest for 30 grams or less before June 25, 2019 that ended without a conviction, once at least one year has passed since the arrest.

What doesn't qualify

  • Cannabis convictions outside the dates and amounts listed above.
  • For the automatic police expungement of arrests: cases involving giving cannabis to a minor under 18 who was at least three years younger, or a violent-crime arrest in the same case.

How long you have to wait

RecordWaiting period
Adult minor cannabis arrest (30 grams or less, before June 25, 2019) that ended without a convictionAt least 1 year after the arrest

Some records clear automatically. Police were required to expunge their records of adult minor cannabis arrests (30 grams or less, before June 25, 2019, no conviction) on a schedule that ended January 1, 2025. That does not expunge the court record; you still need this motion for that. Minor cannabis convictions (30 grams or less) were sent to the Prisoner Review Board, which can recommend a Governor's pardon authorizing expungement; if granted, the Attorney General files to expunge and the clerk notifies you.

How to apply

  1. The State's Attorney may file the motion for you, or you can file it yourself using the statewide forms.
  2. Fill out the Motion to Vacate and Expunge, any Additional Cannabis Convictions forms, and the Notice of Court Date.
  3. File in the circuit court where you were convicted and send the notice as the instructions say.
Where to file
The circuit court in the county where you were convicted.
Cost
The official pages we reviewed don't state a fee for this motion.

Official forms

Certificate of relief

Certificate of Good Conduct

A court order finding that a person with a conviction has been rehabilitated. It can remove certain legal barriers to jobs, occupational licenses or housing. It does not seal, expunge or erase the record, it doesn't mean you'll get a job, license or housing, and it can't remove barriers to working for the Illinois Department of Corrections, the Department of Juvenile Justice or another Illinois law enforcement agency (Illinois Legal Aid Online).9,10

What it's for: Convictions, including ones that can't be expunged or sealed.

Who can use it

  • People with Illinois convictions, including records that can't be expunged or sealed, after the waiting period.

What doesn't qualify

  • Arson or aggravated arson.
  • Kidnapping or aggravated kidnapping.
  • Aggravated DUI.
  • Aggravated domestic battery.
  • Any offense requiring registration under the Sex Offender Registration Act, the Arsonist Registry Act, or the Murderer and Violent Offender Against Youth Registration Act.

How long you have to wait

RecordWaiting period
Most serious conviction is a felony2 years after you complete your sentenceThe period usually starts when your last sentence ends, including mandatory supervised release and paying fines.
Most serious conviction is a misdemeanor1 year after you complete your sentence

How to apply

  1. Gather your arrest, charge, conviction and case-outcome records, then fill out the statewide Certificate of Good Conduct forms, explaining which barriers you want removed.
  2. Contact the circuit court clerk in the county of conviction to learn how to file (in person, by mail or e-filing) and how to get a court date.
  3. Send the State's Attorney a copy of your Notice of Court Date and forms, and mail the judge your Request.
  4. Go to the hearing, where you can explain your request, present documents and call witnesses; the State's Attorney may respond.
  5. If granted, you can pay a small fee to get a certified copy from the clerk.
Where to file
The circuit court in the county where you were convicted.
Cost
A filing fee may apply, plus a small fee for a certified copy of the certificate.
If you can't pay
You can ask to file without paying. You can ask for a fee waiver.
Court hearing
Yes

Automatic clearing

The Clean Slate Act (HB 1836, Public Act 104-0459) was signed on January 16, 2026. Its automatic sealing has not started: Illinois Legal Aid Online says it is expected to begin in 2029, with older records phased in (records from July 1, 2005 to December 31, 2028 by January 1, 2031; July 1, 1990 to June 30, 2005 by January 1, 2032; July 1, 1970 to June 30, 1990 by January 1, 2034). The Illinois State Police will identify eligible records and notify circuit clerks, who will seal them. Once running, it covers qualifying misdemeanor convictions 2 years and felony convictions 3 years after the sentence ends, and dismissed or acquitted cases when the case ends. Offenses that can't be sealed by petition (DUI, reckless driving, domestic battery, order of protection violations, registrable sex offenses, Humane Care for Animals Act violations) are excluded, and Class X felonies, homicide, robbery, residential burglary, home invasion, arson, kidnapping, offenses involving discharge of a firearm and some others are excluded from automatic sealing but may still be sealed by petition. DUI charges don't qualify for automatic sealing even if dismissed. Some parts of the law, including the shorter petition waiting periods, took effect June 1, 2026. Separately, police were required to expunge certain minor cannabis arrest records automatically by January 1, 2025.6,8,11

DUI and DWI records in Illinois

No. A DUI conviction (625 ILCS 5/11-501) can't be sealed, and DUI court supervision can't be expunged or sealed, even after it is completed. The Clean Slate Act keeps DUI excluded and doesn't automatically seal DUI charges even when dismissed. A DUI arrest or charge that ended in dismissal or acquittal (no conviction or supervision) can be expunged by petition. Reckless driving is also excluded from sealing unless you were under 25 at the time and have no other DUI or reckless driving convictions. Aggravated DUI also bars a Certificate of Good Conduct. The only conviction route in the court instructions is a Governor's pardon that authorizes expungement.2,6,10

Arrests and dismissed charges

Arrests and charges that ended in acquittal, dismissal, nolle prosequi, a finding of no probable cause, diversion, or release without charging can be expunged by petition with no waiting period, including DUI arrests that didn't end in a conviction or supervision. They can also be sealed. You can't file while other criminal charges are pending or a sentence is unfinished. Under the Clean Slate Act, dismissed and acquitted cases (except DUI) are to be sealed automatically when automatic sealing begins, expected in 2029.2,4,6

Marijuana records

Illinois has a cannabis-specific motion to vacate and expunge for older possession convictions (500 grams or less, 8/13/1973 to 6/25/2019) and manufacture/delivery convictions (30 grams or less, 9/24/1983 to 6/25/2019); the State's Attorney can file it or you can file it yourself. Police records of adult minor cannabis arrests (30 grams or less, before June 25, 2019, no conviction) were to be expunged automatically by January 1, 2025, but the court record needs the motion. Minor cannabis convictions could be expunged through a Governor's pardon authorizing expungement after Prisoner Review Board review. Eligible misdemeanor or Class 4 cannabis convictions can also be expunged with the regular forms. New Leaf Illinois offers free help with cannabis records at (855) 963-9532.2,8

What employers can see afterward

Under the Illinois Human Rights Act, employers can't base hiring, firing, promotion or discipline decisions on an arrest that didn't lead to a conviction, a juvenile record, or a sealed or expunged record (775 ILCS 5/2-103), and can't ask about sealed or expunged records on an application. For convictions, an employer can't have a blanket ban; it must find a substantial relationship to the job or an unreasonable risk, weigh factors such as time passed and rehabilitation, and give written notice and at least five business days to respond before a final decision (775 ILCS 5/2-103.1, in effect since March 23, 2021; the Act covers employers with 1 or more employees in Illinois during 20 or more calendar weeks of the year). Illinois' ban-the-box law, the Job Opportunities for Qualified Applicants Act (820 ILCS 75), generally bars covered private employers from asking about criminal records until an interview is scheduled or a conditional offer is made; jobs requiring a fingerprint check, a fidelity bond or an EMS license are exceptions. Employers required by law to run fingerprint checks (for example schools, park districts, health care and law enforcement) can still see sealed felony convictions. Complaints about arrests and sealed or expunged records go to the Illinois Department of Human Rights.2,12,13

Free help in Illinois

Before you file

  • You can ask a background screening company for the information it has on you, and the CFPB keeps a list of consumer reporting companies, including employment screening companies, with their contact details.14,15,16
  • The FCRA's seven-year limit does not apply to criminal convictions, so under federal law a conviction can show up on a background report no matter how old it is.17,18

This page explains Illinois's rules in general terms from the law and official court sources. It isn't legal advice, and laws change. A legal aid office or the court's self-help center can tell you whether your own record qualifies.

Spot something out of date? Tell us at contact@secondchanceindex.com.

Cite this page

Second Chance Index, "Can I clear my record in Illinois?" https://secondchanceindex.com/record-clearing/illinois, checked October 21, 2026.

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Sources

Each source was opened and checked on October 21, 2026.

  1. 20 ILCS 2630/5.2(b)
  2. How to Expunge and/or Seal a Criminal Record (ATJ 2900.11, rev. 09/26)Illinois Supreme Court Commission on Access to Justice (statewide approved forms)
  3. Adult Expungement & Sealing Information and FormsIllinois Office of the State Appellate Defender
  4. A Guide to ExpungementsClerk of the Circuit Court of Cook County
  5. During the expungement or sealing court process (FAQ)Illinois Legal Aid Online
  6. What you need to know about the Clean Slate Act (FAQ)Illinois Legal Aid Online
  7. Standardized forms library continues expansion with improved suite of expungement and sealing forms (September 27, 2017)Illinois Courts
  8. Cannabis Expungement Information and FormsIllinois Office of the State Appellate Defender
  9. 730 ILCS 5/5-5.5-25
  10. Certificates of Good ConductIllinois Legal Aid Online
  11. Gov. Pritzker Signs Bipartisan Clean Slate ActOffice of the Governor of Illinois
  12. Conviction Record Protections FAQIllinois Department of Human Rights
  13. Do I have to tell employers about my criminal record?Illinois Legal Aid Online
  14. List of consumer reporting companiesConsumer Financial Protection Bureau
  15. What Employment Background Screening Companies Need to Know About the Fair Credit Reporting ActFederal Trade Commission
  16. Employer Background Checks and Your RightsFederal Trade Commission
  17. 15 U.S. Code § 1681c - Requirements relating to information contained in consumer reportsLegal Information Institute, Cornell Law School (U.S. Code text)
  18. Advisory Opinion to Nadell (12-10-98)Federal Trade Commission (staff advisory opinion)