How to have your record of arrest expunged
If you were ever arrested for a crime and later found not guilty, you can take steps to have the record of your arrest expunged. When a record is expunged, it is as if the crime never occurred. Each law enforcement agency destroys the records.
This means that the record of your arrest would be removed from the official records of the arresting authority and the Department of State Police and that the records of the Circuit Clerk are sealed. Your name is also removed from the official index required to be kept by the Circuit Clerk under Section 16 of the Clerk of Courts Act.
In most cases, you make your request to the judge who presided over your trial to have your record expunged. He or she has the power to order that the record of your arrest be sealed instead of removed from the records of the Department of the State Police.
It is important to note that not everyone is eligible to have his or her record expunged. You cannot have been previously convicted of any criminal offense or municipal ordinance violation. Also, you must have been acquitted or released without being convicted of a municipal ordinance, felony or misdemeanor for the offense you are 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.
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If you have questions about the application of the law in a particular case, consult your lawyer. The law is constantly changing. Information on this site or any site to which we link does not constitute legal advice.