A person arrested for a crime and later found not guilty, can take steps to have their arrest record expunged or cleared. When an arrest record is expunged, it is as if the crime never occurred. Each law enforcement agency destroys the records.

The record of the arrest would be removed from the official records of the arresting authority and the Department of State Police and the records of the Circuit Clerk are sealed. The name of the offending party is also removed from the official index, kept by the Circuit Clerk required by Section 16 of the Clerk of Courts Act.

In most cases, the request to have an arrest record expunged is made to the judge who presided over the trial. He or she has the power to order that the record of the arrest be sealed instead of removed from the records of the Department of the State Police.

Not everyone is eligible to have his or her record expunged. A previous conviction of any criminal offense or municipal ordinance violation disqualifies a person from having his or her record expunged. Also, a person must have been acquitted or released without being convicted of a municipal ordinance, felony or misdemeanor for the offense he or she is trying to expunge. Persons who have received supervision for an offense can have their criminal records expunged by the presiding judge in their county after two years have passed since the supervision ended. People who received supervision or probation for some offenses can have their criminal records expunged but only after five years have passed since the supervision or probation ended. For a list of what offenses require a two or five-year waiting period, visit the Southern Illinois University School of Law Web site at www.law.siu.edu/selfhelp, and click on the Police logo.

Persons who have received a conviction or supervision for any sexual offense committed against a minor under age 18, including indecent solicitation of a child or criminal sexual abuse, or any violation of Section 11-501 of the Illinois Vehicle Code or a similar local ordinance, cannot have their criminal records expunged by the presiding judge in their county, regardless of the time that has passed.

Another option to having a record expunged is to have the file "sealed." When a record gets "sealed", the file remains intact and can only be released to other law enforcement agencies. Employers will not have access to the records. An attorney can explore the options with you. In filing a petition for a record to be "expunged" or "sealed," you will be charged a filing fee, which varies for each county. If you are unable to pay the filing fee, the local county clerk's office can explain the procedures they have for allowing a waiver of the cost of filing.

The Illinois State Police and the arresting authority may also charge you a fee to have your record sealed or expunged. In addition, you will be charged a fee to file your petition. This fee will vary from county to county. If you are unable to pay the filing fee, you can ask the clerk's office what procedures they have for allowing people to waive the cost of filing.

Note: This information was prepared as a public service by the Illinois State Bar Association and is a joint project with the Illinois Press Association. Its purpose is to inform citizens of their legal rights and obligations.