State of Illinois
If the judge approves your Request, a copy of the Order
will be sent by the Circuit Clerk to the police departments
and prosecutors that you listed on the Notice of Filing for
Expungement and/or Sealing. These agencies have 60
days from the time they receive a copy of the Order to
expunge or seal your records.
How will I know when my record has been expunged
or sealed?
The Illinois State Police will send you a letter stating that
they have expunged or sealed your records. Until you
receive this letter from the Illinois State Police, your
records have not yet been expunged or sealed.
Can anyone find out about my criminal record once
it has been expunged or sealed?
Some agencies will be able to find out that you
expunged a criminal record and see your sealed
records:
o Law enforcement agencies including police
departments, prosecutors, correctional institutions,
military, and court services and Department of Child
and Family Services can see all sealed records,
expunged pardoned convictions, and some five-
year-waiting-period expunged records for limited
purposes.
o Any employer required by law to conduct fingerprint
background checks can see sealed felony conviction
records. These employers include financial
institutions, fire departments, private carrier
companies, schools, park districts, health care
organizations, and childcare organizations.
o An employer not listed above and members of the
public can’t see expunged or sealed records or find
out that you have had a record expunged or sealed.
If my records are expunged or sealed, do I have to
tell employers or potential employers about it?
No, you do not have to tell employers about expunged or
sealed criminal records.
o On job applications you may answer “no” to the
question, “have you ever been convicted” if your
entire criminal record was expunged or sealed.
NOTE: in Illinois, private employers with 15 or more
employees are not allowed to ask if you have ever
been convicted of a crime.
o If you applied for expungement or sealing and the
court has not decided yet, if asked, you still have to
report your criminal record to a potential employer
after an interview or conditional offer of employment.
o In Illinois it is against the law for employers to ask if
you have expunged or sealed any criminal records
unless they are one of the agencies above
authorized by law.
o If an employer finds out that you expunged or sealed
any criminal records, they cannot use that against
you or they will violate the Illinois Human Rights Act
775 ILCS 5/1-101-10/104
.
Instruction Booklet for Expunging and Sealing Court Forms
What can I do if my Request for expungement or
sealing is denied?
o Ask for Reconsideration: You can ask the circuit
court to look at your Request again.
• File a Motion for Reconsideration with the Circuit
Clerk within 60 days from the day you received a
copy of the Order denying your Request.
• You may have to pay another filing fee unless
you have a fee waiver. You have to send a copy
of your Motion for Reconsideration and Notice of
Motion forms to the State's Attorney, Arresting
Agencies, Chief Legal Officer of the Unit of Local
Government, and Illinois State Police.
o Appeal: You can ask the appellate court to review
the circuit court decision.
• File a Notice of Appeal with the Circuit Clerk
within 30 days from the day the Order was
entered denying your Request; OR
• If you file a Motion for Reconsideration and it is
denied, file a Notice of Appeal within 30 days
from the day the Order was entered denying
your Motion for Reconsideration.
• You will have to pay a filing fee to the appellate
court unless you have a fee waiver from the
appellate court. You will have to pay a fee for
the Circuit Clerk to prepare the Record on
Appeal unless you have a fee waiver from the
circuit court.
What if my criminal record does not qualify for
expungement or sealing?
You may be able to get one of the following certificates
from the Prisoner Review Board that will allow you to
apply for expungement or sealing:
o Certificate of Eligibility for Expungement: You may
be able to get this certificate if you were convicted of
a Class 3 or Class 4 felony and enlisted in, or
received an honorable discharge from the United
States Armed Forces or National Guard and you
served at least one tour of duty.
o Certificate of Relief from Disabilities: This certificate
may help you get a professional license for jobs like
a barber, therapist, real estate agent, roofer,
engineer, accountant, and more. You may be able to
get this certificate if you have not been convicted of
aggravated DUI, aggravated domestic battery,
kidnapping or aggravated kidnapping, or an offense
requiring registration under the sex offense
registration act.
o Certificate of Innocence: This certificate may help
you get paid money from the Illinois Court of Claims
for an unjust conviction. You may be able to get this
certificate if you proved you were improperly
convicted.
o Health Care Waiver: This certificate may help you
get a health care job if you are not professionally
licensed (registered nurse, licensed practical nurse)
and want to work at a health care organization
Find Illinois Supreme Court approved forms at: illinoiscourts.gov/documents-and-forms/approved-forms.