For many people in Chicago, a criminal record continues to cause harm long after a case is over. Even if charges were dropped or you were never convicted, your record may still show an arrest. Employers, landlords, and licensing boards often check criminal histories, and one incident can limit your opportunities for years. We help clients across Chicagoland clear their names and move forward by filing for expungement under Illinois law. If you’re eligible, expungement can erase your record as if the arrest or case never happened.
Illinois law gives people a second chance, but the process can be confusing. Under 20 ILCS 2630/5.2, you may be able to expunge arrests, charges, supervision, and even some dismissals or not-guilty findings. However, not all records are eligible. That’s why it’s important to review your full background and determine what qualifies. Some people may qualify for sealing instead, which hides the record from most employers but does not erase it.
If you qualify, the next step is filing a petition for expungement in the county where the arrest or case took place. In Chicago, that means filing in Cook County Circuit Court. The court will review your petition and notify the State’s Attorney and law enforcement. If there’s no objection or the court finds expungement appropriate, your record will be cleared. This process usually takes a few months, but the benefits can last a lifetime.
Who Qualifies For Expungement Under Illinois Law
Illinois has clear guidelines for who may qualify for expungement. You may be eligible if:
- Your arrest did not lead to charges, or charges were dismissed
- You were found not guilty or acquitted
- You completed court supervision (for qualifying offenses) or certain qualified probation
- You received a pardon authorizing expungement
However, some cases may not be eligible, such as:
- Certain criminal convictions (unless you received a pardon)
- Domestic battery
- Felony charges that were dismissed following probation (unless expungement is authorized)
Reviewing your criminal history is key. If you have any convictions, you may still be able to seal your record under the same statute, 20 ILCS 2630/5.2, which allows broader relief than expungement in some situations.
How We Help With The Expungement Process
We assist with every step of the expungement process, including:
- Reviewing your full criminal record
- Identifying eligible cases
- Preparing and filing the correct petition
- Attending court hearings if required
- Responding to any objections from the State’s Attorney
Getting your record cleared requires proper paperwork, timing, and knowledge of Illinois law. We guide our clients so nothing is missed.
Illinois Expungement FAQs
What Is The Difference Between Expungement And Sealing In Illinois?
Expungement means your criminal record is erased completely as if the arrest or charge never happened. It is removed from public and police records. Sealing, on the other hand, hides the record from most background checks but does not erase it. Law enforcement and certain employers can still see sealed records. Under 20 ILCS 2630/5.2, both options are available depending on your case.
Can I Expunge A Case If I Was Convicted?
No. If you were convicted of a crime in Illinois, expungement is not an option unless you receive a pardon from the governor that specifically allows it. However, many convictions may qualify for sealing, which limits who can access your record. Always review your options with an attorney before assuming your case is closed.
How Long Do I Have To Wait Before Filing For Expungement?
The waiting period depends on the outcome of your case. If your charges were dismissed or you were found not guilty, you may be able to file right away. If you completed court supervision, you must wait two years after the end of your supervision. For qualified probation, the waiting period is five years. These timelines are set under 20 ILCS 2630/5.2(d).
Do I Need A Lawyer To File For Expungement In Chicago?
While you are allowed to file a petition yourself, hiring a lawyer improves your chances of success. The expungement process includes legal paperwork, court procedures, and deadlines. A mistake can lead to delays or denials. A criminal defense attorney can ensure your record is reviewed properly, your petition is complete, and your rights are protected in court.
What Happens After I File For Expungement?
Once your petition is filed, the clerk sends it to the State’s Attorney, arresting agency, and Illinois State Police. They have 60 days to file an objection. If no one objects or the court finds in your favor, your record is ordered expunged. This process can take several months, depending on the backlog in Cook County courts.
Can I Expunge More Than One Case At A Time?
Yes, as long as each case is eligible. You can include multiple arrests or court cases in one expungement petition. However, if one case is ineligible due to a conviction, it could impact your other requests. An attorney can help you organize your cases and determine the best strategy.
Can Juvenile Records Be Expunged In Illinois?
Yes. Juvenile records are treated differently under 705 ILCS 405/5-915. Many juvenile records are automatically expunged, while others require a petition. If you had a juvenile arrest or case in Chicago, we can review whether your record qualifies and help you file.
Will Expungement Remove My Name From The Internet?
No. Expungement removes your record from official databases and background checks, but it doesn’t erase your name from news stories, online arrest logs, or private websites. You may need to contact those sites individually. However, clearing your record officially gives you proof that the case no longer exists.
Do I Have To Appear In Court For Expungement?
Not always. In many cases, your petition can be handled without a court appearance, especially if there are no objections. However, if the State objects or the judge wants more information, a hearing may be scheduled. We appear with you or on your behalf to handle the matter properly.
What If My Expungement Petition Is Denied?
You may be able to appeal the decision or refile after correcting any issues. Sometimes, denials happen due to paperwork problems or ineligibility. We review the judge’s reasons, correct any errors, and help you try again when possible.
Speak With An Expungement Firm That Works Hard For You
If you want to clear your criminal record in Chicago, don’t wait. Expungement can give you a fresh start, but you only get one chance to do it right. At Edward Johnson & Associates, we help people across the Chicagoland area erase damaging records and reclaim their future.
Contact our Chicago expungement lawyer at Edward Johnson & Associates P.C. by calling 708-762-8666 to receive your free consultation. Our office is located in Chicago, Illinois, and we serve clients throughout the entire Chicago metro area.