Don’t Make the Mistake of Filing a Petition to Expunge/Seal too Soon
Question: Are there waiting periods to expunge or seal criminal records in Illinois?
Some non-convictions court records have a waiting period to expunge (e.g., supervision, qualified probation).
All convictions have a 3-year waiting to seal.
The education waiver eliminates the 3-year waiting period to seal.
Petitions to expunge or seal filed too early will be denied by a judge for "statutory" reasons.
In Illinois, there are two reasons why a judge would deny a petition to expunge or seal: on statutory or “public policy” grounds.[1]
Petitions denied on statutory grounds fall into one of two categories:
There is a waiting period to expunge or seal, or
Asking to expunge a record only eligible to seal.[2]
When a statutory objection is made, a judge has no choice but to deny the petition. To avoid filing a petition to expunge or seal too soon, keep reading.
Waiting Periods to Expunge
Some records are subject to a waiting period before they can be expunged. These case dispositions create a waiting period to expunge:
Case stricken (dismissed) with leave to reinstate (“SOL”) has 120-day (no jury demand) or 160-day (with jury demand) waiting period to expunge.
A supervision sentence (terminated satisfactorily) has a 2-year waiting period to expunge.
A supervision sentence (term. sat.) for domestic battery or criminal sexual abuse (of an adult) has a 5-year waiting period to expunge.
A qualified/special probation sentence (term. sat.) has a 5-year waiting period to expunge (i.e., First Offender Drug Probation, TASC Probation, First Offender Probation, Second Chance Probation).
These case dispositions have no waiting period to expunge and, thus, are immediately eligible to expunge[3]:
Case dismissals (non-suit, not guilty finding, finding no probable cause, conviction overturned on appeal, nolle pros).
A conviction pardoned by the governor with permission to expunge.
Successfully completing problem-solving court probation (e.g., veteran’s court, mental health court, drug or DUI court).
Currently, there is a raging debate with respect to when or even if First Offender Gun Probation is eligible to expunge. State law does not directly answer this question. What is clear is that this probation is not a qualified probation. Until the legislature provides further clarification, judges and advocates will continue to agree to disagree.
Waiting Period to Seal
Unlike expungement, there is only one waiting period to seal: three (3) years from the sentence termination date.[4]
For example, if someone is ordered to pay a fine, the waiting period would run from the date the fine is paid in full. Conversely, if someone is sentenced to “time served,” the waiting period runs from the sentencing date since punishment (in the form of jail time) is usually served prior to sentencing.
If an individual is sentenced to prison, the waiting period to seal runs from the date mandatory supervised release (MSR) is terminated -- not when someone is released from prison.
Education Waiver to Seal
There is only one way to waive the waiting period to seal. Under a provision we refer to as the “education waiver,” a petitioner can ask a judge to waive the waiting period.
In order to qualify for this waiver, the petitioner needs to get a high school diploma/GED, college or associate’s degree, or some kind of occupational/skills training certificate while serving their sentence. A copy of the diploma, GED certificate, etc., should be attached to the petition to seal.
The state legislature intentionally did not list all possible qualifying scenarios. This allows petitioners to make their best, most creative argument why they qualify for a waiver. The State routinely objects to education waiver requests -- especially if the reason is not one listed in the statute.[5]
Pending Legislation Will Amend Current Sealing Procedures
House Bill 1863, otherwise referred to as the “Clean Slate Act”, is currently awaiting signature from Governor J.B. Pritzker. If signed into law, the Clean Slate Act (CSA) will automate the sealing of all adult non-conviction records and some misdemeanor and felony conviction records. The automation of sealing would not go into effect until 2029.
The CSA will add a two-year waiting period to seal certain convictions, as well as all qualified probation cases (completed successfully). This provision will go into effect in July of 2026 if the CSA is enacted.[6] For more information about the CSA, follow the link.
[1] A public policy objection can mean just about anything. The State makes this objection if the petitioner has a lengthy or recent criminal record, or is trying to expunge or seal a crime of violence. Petitioners should be prepared to present proof of rehabilitation and how their background adversely impacts them.
[2] The general rule is only criminal cases that do not result in a conviction are eligible to expunge. Criminal cases that result in a conviction can only be sealed.
[3] An arrest (record) that does not result in the filing of criminal charges is also immediately eligible to expunge.
[4] Currently, petitioners who have successfully completed Second Chance Probation can file for immediate sealing. This loophole appears to have been omitted under legislation now awaiting the governor’s signature (discussed below).
[5] Examples of trainings not listed in the statute that have waived the waiting period: certifications for food safety handling and use of a forklift, obtaining a CNA (nursing assistant) certification.
One of the most confounding (and racially biased) objections made by a Cook County prosecutor: arguing that an on-line credit repair course did not qualify for a waiver because the instructor was a former NBA basketball player (he wasn’t).
[6] Currently, the only records automatically expunged in Illinois are juvenile records (i.e., station adjustments/arrests, court dismissals, petty offense adjudications, and supervision sentences completed successfully).