Third Time is the Charm: IL Poised to Become Next State to Automate Adult Record Sealing
Question: If enacted, how will the Clean Slate Act (CSA) change the current rules for expunging and sealing in Illinois?
Summary:
The CSA will not automate the expungement process.
The CSA will automate the sealing of some but not all criminal convictons.
The automation process won't begin until 2029.
Some CSA provisions will go into effect starting in July 2026: 1) create a 2-year waiting period to seal certain convictions and non-convictions; 2) eliminates drug test requirement to seal/expunge a felony drug conviction or qualified probation case; and 3) removes restriction to sealing additional felony convictions.
On October 30, House Bill 1836 (better known as the “Clean Slate Act” or CSA) passed out of both chambers of the Illinois General Assembly and now awaits Gov. J.B. Pritzker’s signature. If he signs the bill into law -- as expected -- Illinois will become the thirteenth state (plus D.C.) to enact the CSA. The legislation finally passed the third time the bill was taken up by the General Assembly.
Introduction
The key feature of the CSA is automating the process of sealing some adult criminal records. Currently, if someone in Illinois wants to expunge or seal their adult criminal record, a petition (expunge or seal) must be filed with the clerk of the circuit court. This is the only way for the matter to be brought before a judge to rule on. There is no such thing as automatic expungement or sealing of adult criminal records right now.
Even though Illinois’ expungement/sealing law has been on the books for more than 15 years, only an estimated 10%-11% of those eligible have sought this relief. The appeal of automation is that it will help to “democratize” the process. Knowledge of the CSA is not necessary, there are no filing fees, and no one has to take time off from work to attend a court hearing.
An added benefit of automation is the certainty a criminal record will be sealed. Under existing rules, a judge decides whether a record is expunged or sealed. County prosecutors can (and do) object to these petitions. Automatic sealing will eliminate the judge’s role and the possibility a request to seal will be denied on public policy grounds – an objection frequently in Cook County.
Because the CSA excludes certain convictions from automatic sealing, judges (and county prosecutors) will still determine whether a petition (to expunge or seal) is granted.
The automatic sealing provisions won’t go into effect until January 1, 2029 but other changes made by the CSA will go into effect June 30, 2026: 1) creating a two-year waiting period to seal misdemeanor & ordinance violation convictions and supervision & qualified probation cases; 2) eliminating the drug test requirement to seal a felony drug conviction or seal/expunge a qualified probation case; and 3) eliminating the bar to sealing additional felony convictions.
The rest of this article will discuss what records qualify for automatic sealing, as well as what factors control when these records will be sealed automatically.
Criminal Records and Convictions Eligible for Automatic Sealing
The following records are eligible to be automatically sealed (* denotes that some offenses are not eligible):
Dismissed (non-conviction) records
Supervision/Qualified Probation (terminated satisfactorily) records
Misdemeanor* and ordinance convictions
Felony convictions*
Convictions Excluded from Automatic Sealing
Records excluded (or ineligible) from automatic sealing fall into three categories. Category 1 consists of offenses that are not eligible to seal under the current rules. Category 2 consists of sealable offenses excluded from automatic sealing. Category 3 consists of offenses that can’t be sealed (under current rules or the CSA) because the individual’s crimes requires lifetime registration.
Category 1: Misdemeanor and felony convictions not eligible to seal (DUI/reckless driving, domestic battery, orders of protection violations, animal cruelty offenses, sex offenses).
Category 2: Felony convictions (Any Class X felony, homicide offenses, armed robbery, robbery, home invasion, residential burglary, burglary (Class 1 or 2), arson, kidnapping, aggravated battery resulting in great bodily harm/permanent injury, stalking, vehicular hijacking, any offense involving discharge of a firearm).
Category 3: Offenses subject to lifetime registration under the Murderer and Violent Offender Against Youth Registration Act (MVO registry)[1].
Cases that Qualify for Immediate, Automatic Sealing
Dismissed cases and acquittals (i.e., a finding of not guilty following a bench or jury trial), that occur after January 1, 2029 will be immediately subject to automatic sealing. Similar cases resolved before January 1, 2029 will be automatically sealed starting with the most recent cases and then working backwards (2028 to 1970).[2]
Because these cases are eligible to expunge, there’s nothing to stop someone from applying for such relief on their own.
Waiting Periods to Seal Automatically
Other case dispositions have waiting periods:
§ Two-year waiting period: Supervision/Qualified Probation sentences (must be completed successfully), misdemeanor & ordinance violation convictions, and
§ Three-year waiting period: Any eligible felony convictions.
If someone has an open criminal case or is serving a sentence, no records can be automatically sealed until these matters have been resolved/terminated. Additionally, if someone has more than one eligible felony conviction, all felony convictions must satisfy the three-year waiting period before any will be automatically sealed.
How Do I Expunge an Automatically Sealed Record?
Because the CSA only automates the sealing process anyone seeking to expunge a record will still have to file their own petition.
Currently, a record is sealed, a motion to unseal must be filed. After June, 30, 2026, the record will no longer need to be “unsealed” so as to request the record’s expungement.
Additionally, if someone needs a certified court disposition of a sealed record or be able to review the contents of a court file, no motion to unseal will be necessary. All the individual has to do is submit a request to the circuit court clerk’s office. The clerk’s office has seven (7) days[3] to respond to the request.
Will Notice Be Provided After a Court Record is Automatically Sealed?
The CSA does not require notice of automatically sealing be sent to the individual in question.
If someone needs/wants to know if their records have been automatically sealed, affirmative steps must be taken to obtain the information. One can either undergo access & review (get fingerprinted) to obtain a copy of their criminal history from the Illinois State Police (ISP) or check the circuit clerk’s public case database (online or at the courthouse).
If written certification of sealing is needed, the ISP can provide such documentation.
What if I Don’t Want My Records Automatically Sealed?
For most people, the CSA’s automatic sealing provisions will eliminate the time and expense of removing public access to their criminal history. The same cannot be said for non-citizens (e.g., visa holders, legal permanent residents).
Immigration attorneys routinely instruct non-citizens not to expunge or seal their criminal records, particularly if the non-citizen contemplates changing (adjusting) his/her legal status or has lost their legal status due to a criminal conviction and hopes to reapply.
Because federal immigration authorities routinely request certified copies of arrest and/or criminal court records, non-citizens must be able to respond to these requests. The CSA does not contain an “opt out” feature. As previously noted, individuals can request access to their sealed court file (or obtain a certified court disposition) without having to file a motion to unseal.
Final Thoughts
By automating the sealing of some criminal records, people will benefit whether or not they are familiar with the state’s expungement/sealing provisions.
That said, a robust media campaign will be critical to explain which rules will change under the CSA since the only process being automated is record sealing. Those eligible for expungement will still need to file their own petitions.
[1] Only two Illinois crime registries have lifetime registration requirements: the MVO registry and the sex offender registry, whose offenses are largely excluded from automatic sealing. If someone is only required to register for a period of 10 years under the MVO, the offense will be eligible for automatic sealing once the duty to register has been satisfied, provided the crime is not a Category 2 offense.
Illinois created an Arsonist Registry but was never funded so it only exists on paper. The City of Chicago has the only known “working” arsonist registry. The registration period is 10 years.
[2] Timetable for sealing older cases: 1) case records from 7/1/05 to 1/1/29 by Jan. 1, 2031; 2) case records created from 7/1/90 to 7/1/25 by Jan. 1, 2032; and 3) case records created from 7/1/70 to 7/1/90) by Jan. 2034.
[3] The CSA does not specify if the seven days includes weekends or only business days (M-F).