Clerk of the Circuit
Court of Cook County
A Guide
To
Expungement
and Sealing
Frequently Asked Questions about Expungements
What is expungement?
• To “expunge” a record means that law enforcement agencies will physically destroy the records and
remove the petitioner’s name from any ofcial index or public record.
• The court clerk does not physically destroy the records, but impounds records relating to arrests and
charges that a court orders expunged.
• Expunged records do not appear in background checks.
What offenses are ineligible for expungements?
If a non-conviction sentence is completed satisfactorily, the case is eligible for expungement, EXCEPT for
supervision for the following offenses:
1. Sex offenses involving a minor (e.g., sexual abuse of a minor)
2. DUI
3. Reckless driving, unless the Youthful Offender Exception applies
What is sealing?
• To “seal” a record means to make the records unavailable to the public without a court order.
• Police agencies and prosecutors will continue to have access to records.
• Your name is also unavailable for the sealed record in the Clerk’s Ofce’s electronic docket system.
• Employers required by law to do ngerprint background checks
such as schools and hospitals, can still access sealed felony convictions.
What convictions ineligible for sealing?
Effective August 27, 2017, the Illinois legislature expanded the sealing of criminal records of adults and of
minors prosecuted as adults. All misdemeanor and felony convictions are eligible to be sealed EXCEPT these 4
situations:
1. Domestic Battery & Violations of Orders of Protection and Stalking No Contact Orders
2. Violations of the Humane Care for Animals Act
• Class A misdemeanor and above
3. Most sex crimes
• Except prostitution and misdemeanor public indecency
4. Driving Under the Inuence, Reckless Driving
• Except youthful offenders
What is a Certicate of Good Conduct and the Prisoner Review Board?
Circuit Court
• A Certicate of Good Conduct is a court order that says someone has rehabilitated from past criminal
conduct, relieving previously incarcerated people from barriers to employment or housing resulting
from being convicted of a crime. Certicates of Good Conduct are not considered pardons.
Prisoner Review Board (PRB)
• Executive Clemency: The Governor of Illinois has the power under the Illinois Constitution to forgive
a crime and grant a pardon. The PRB makes a recommendation as to whether a pardon should be
granted, the Governor is not required under Illinois law to follow the PRB’s recommendation.
• Certicate of Eligibility of Sealing or Expungement: The PRB may also issue a certicate of eligibility
for sealing or for expungement recommending that the court order the sealing or expungement of all
ofcial records.
www.cookcountyclerkofcourt.org
CookCountyClerkofCourt
This handout is not a substitute for professional legal advice.
Frequently Asked Questions Continued
Is there a waiting period?
• Cases that result in acquittals & dismissals have no waiting period before you can petition to have those
records expunged.
• Cases that result in supervision require 2 years from the successful completion of the sentence before the
records can be expunged.
• Cases that result in qualied probations require 5 years from the successful completion of the sentence
before the records can be expunged.
• Cases that result in convictions require 3 years from completion of most recent sentence of all your
conviction cases before the records can be sealed. Convictions for offenses that require a person to be
listed on a registry cannot be sealed until the registry requirement has been satised.
Even if a petition for expungement or sealing is led, there can be a signicant period of time before the
petition is heard by the court. The State’s Attorney’s Ofce has 60 days from the ling of the petition to object
to the petition.
Is there a fee?
• It costs $151.50 to le a petition to expunge or seal records and/or charges in Cook County.
• However, this fee can be waived by the court if you le a fee waiver application and appear in court for a
hearing on your fee waiver.
• Please keep in mind that you can list all of the qualifying cases on each petition for a municipal district
within Cook County to expunge or seal.
Can I get the ling fee waived?
If you have no income, or a very low income, you may qualify for a fee waiver. To waive your fee, you
must le a fee waiver form from our ofce where you are ling your petition. A judge who will determine
whether or not to waive your fee. If you are ling your petition in multiple courthouses, you will have to le
multiple petitions.
Do I need to get a rap sheet (arrest record)? How do I get my rap sheet?
You need to get your rap sheet and be nger printed if are ling your petition in Chicago. The rap sheet
costs $16.00 and can be obtained at Chicago Police Headquarters located at 3510 S. Michigan, Chicago (Mon-Fri
8:30am-noon). You will return about one week later to pick up your rap sheet.
How long does the entire process take to expunge or seal my record?
From the date you le your petition until your record is actually expunged or sealed usually takes about 4 to 6
months in the suburban districts.
What happens after I le my Petition?
• The State’s Attorney Ofce (SAO) has 60 days to review your petition. During this review, they will
determine whether they will le an objection OR non-objection to your petition for expungement/sealing.
During this time you will NOT receive a court date.
• If the SAO les an objection you will receive a notice providing you a copy of the objection led as well as
a court date for you to appear for a hearing.
• If the SAO les a NON-objection, your case will be placed on the next available non-objection call for a
hearing before the court. Your presence is NOT required for this hearing.
• Once a hearing is held you will receive a copy of your order that either grants or denies your
expungement. A copy of this order will also be sent to the Illinois State Police and the arresting agency so
that they may update their records.
www.cookcountyclerkofcourt.org
CookCountyClerkofCourt
This handout is not a substitute for professional legal advice.
Ofce of the Clerk of the Circuit Court of Cook County
Adult Expungement Advice Desk
Daley Center
50 W Washington St, 10th Floor, Room 1006
Chicago, IL 60602
Open Mondays and Wednesdays from 9 a.m. -12 p.m.
(312) 603-5030
