Crime & Traffic

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Part of the Expungement & Sealing library, sponsored by Loeb & Loeb LLP

The Big Picture

A criminal record is created whenever you are arrested, even if you are released without being charged or found not guilty. These criminal records can be viewed by the public, including potential…

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Collect information about your arrests, charges, and court results. Learn more about Where to find your criminal records.

Look over your criminal records and decide which ones qualify for expungement, and which ones qualify for sealing. You can use this worksheet to gather all of the information about your criminal records and identify which items qualify for expungement and which qualify for sealing.

Use our Expungement and sealing program to help you fill out the forms you will need to file.

File your forms with the circuit clerk in the county where you were arrested or charged with the offense. In some counties, you may have to attach copies of your court dispositions. In Cook County, you can file your paperwork either at the new Expungement Department, located at the Leighton Criminal Court Building on 26th Street and California Avenue, or with the circuit clerk at any other Cook County district location.

Call the circuit clerk and ask how much it will cost to file your forms and the types of payment (cash, check, credit, online) they take and the number of copies required.

If you cannot afford the fee, fill out and file a Fee Waiver

No matter which way you file, the circuit clerk will stamp your form. This stamp is your proof that the form was filed with the court. They will then mail your Request with the Notice of Filing for Expungement and/or Sealing to each of the following:

• County State’s Attorney
• Arresting Agencies (police departments)
• Chief Legal Officers of the cities, towns, and villages where you were arrested
• Illinois State Police

Keep one copy of the form that was stamped by the circuit clerk for your own records.

3 ways to file

How to file In person

Go to the courthouse in the county or district where your court case should be filed. Give the circuit clerk your original form and the required number of copies to stamp. The circuit clerk will keep the original form and give back your copies. Pay the filing fee or file your Fee Waiver.

How to file by mail

If you will be asking for a fee waiver, there may be local rules requiring you to file your Fee Waiver in person. Ask the circuit clerk if you have to file in person. In Cook County, you must go in person to have your fees waived.

Rules for filing by mail are different in each county. For example, you might need to send the circuit clerk:

• Extra copies of your Expungement and sealing request,
• Your Fee waiver, if you are filing one,
• A self-addressed and stamped envelope for the circuit clerk to send a file-stamped copy to you.

Ask the circuit clerk how to file by mail.

How to file online

Check your local circuit clerk’s website to see if online filing is an option for you. Follow the instructions for filing online provided by the circuit clerk. Pay the filing fee as instructed online or file your Fee Waiver.

Even if you can file online, you may have to appear in person to apply for a fee waiver. Ask the circuit clerk if you have to file your Fee Waiver in person.

What if I have arrests and charges from different counties?

If you have arrests, charges, or convictions that happened in more than one county, you must file separate requests for expungement or sealing in each county. A request should only include arrests, charges, and convictions that happened in one county. You will have to pay filing fees in each county where you file a Request unless they are waived in each county.

Note about Cook County: If you were arrested, charged, or convicted in Cook County, you can file your paperwork either at the new Expungement Department, located at the Leighton Criminal Court Building on 26th Street and California Avenue, or at any other district court location within Cook County. The clerks will ensure that your documents are forwarded to the appropriate district court. You only need to pay one filing fee for all your Cook County cases, but you must still file separate petitions for each case. Additionally, if there's an in-person hearing regarding your expungement or sealing petition, you'll need to attend court at the district that handled the original criminal case. Cook County has the following 6 districts:

• Chicago
• Skokie
• Rolling Meadows
• Maywood
• Bridgeview
• Markham

Find the address to your district on the Circuit Court of Cook County website.

What if I move before my expungement or sealing case is over?

If you move before your case is over, notify the circuit clerk of your new address right away. If you do not tell the court your new address, you may not receive notices of court dates and copies of court orders.

Can anyone keep me from getting my criminal record expunged (erased) or sealed (hidden)?

The police departments and prosecutors that you listed on the Notice of Filing for Expungement and/or Sealing form get a chance to object to your Request to expunge or seal your criminal record. They have 60 days from the day they receive your request to file a written objection with the court.

If they object, it means they do not want your record to be expunged or sealed. If the agencies do not object during the 60 days, the statute says that it is up to the judge to decide if the record is expunged or sealed without a hearing. However, judges in some jurisdictions will allow state's attorneys to make an oral objection to expungement or sealing at a hearing even if they did not file a written objection within 60 days. For example, in District 1 (Chicago), you are expected to attend your hearing even if you do not receive an objection.

Starting January 1st, 2023, you cannot be denied a petition to expunge or seal your record on the basis that a drug test you took 30 days before you filed your petition tested positive for cannabis.

How will I know if someone objects to my request?

Any prosecutor’s office or law enforcement agency that files a written objection to your petition should notify you of their objection, if any. An objection does not mean the court is denying your request. But the court will consider the objection when deciding if your criminal record will be expunged or sealed.

In District 1 (Chicago), you can use the Cook County State's Attorney Expungement Dashboard to check if the prosecutor is objecting to your expungement or sealing request.

Will I have a court date for my case?

You may need to go to court for a court date in front of a judge. Some counties schedule a court date right away, but others will only schedule a court date if one of the agencies you listed on the Notice of Filing for Expungement and Sealing form objects to your request.

If I am asked to come in for a court date, how does the court decide to approve or [no-lexicon] deny [/no-lexicon] my request?

Requests for expungement or sealing are not automatically approved just because you are eligible under the law. To decide, the court may:

• Review any objections filed by the agencies you listed on your Notice of Filing for Expungement and Sealing form;
• Determine if you are eligible under the law;
• Review other factors it is allowed to consider, including but not limited to:
  • The strength of the evidence supporting a conviction;
  • The reasons why the State, the Arresting Agencies, or Chief Legal Officers want to keep your records from being erased or hidden;
  • Your age, criminal record history, and employment history;
  • The period between your arrest on the charge resulting in the conviction and the filing of the Request; and
  • The specific negative results you may suffer if the request is denied.

  A court cannot deny your request due to fines or fees owed to the court, but can deny it based on unpaid restitution owed to the victim.

  How should I prepare for my court date?

  First, decide and write down specific negative results you may suffer if your request is denied. Examples include denied a job or housing.

  Next, gather the following items, as you will need them for your court date:

  • Photo I.D.
  • Stamped copies of your request form;
  • Order to Expunge & Impound and Seal
  • Criminal records;
  • Order Denying Request to Expunge & Impound and Seal Criminal Records;
  • Notes or documents detailing your employment and educational history; and
  • Other papers related to your request (like evidence of completion of a treatment program, letters of recommendation, proof of education, or degrees, etc.)

  You have the right to represent yourself in court. However, you are expected to follow the court's rules and procedures. Most people who work in the courthouse cannot give you legal advice; meaning they cannot help you decide what to do, evaluate your possibility of success, or present your argument to the judge.

  To navigate the court system, you need basic information about your case. Most of the information should be listed on court papers:

  • Plaintiff's or Petitioner's name
  • Defendant's or Respondent's name
  • Case number
  • Judicial circuit
  • County
  • Division

  If you are filing a case, you are called the plaintiff. If a case has been filed against you, you are called the defendant. In some cases, the plaintiff is called the petitioner, and the defendant is called the respondent.

  Bring these items with you to court:
  • Copies of all the documents you filed with the Circuit Clerk
  • Any witnesses you want to testify
  • Any documents you want the judge to look at
  • A photo ID
  Follow these suggestions when going to court:
  • Be polite and dress the way you would for a job interview;
  • Get to the courthouse at least 30-45 minutes before your hearing time;
  • Go to the courtroom number on your court forms. If your forms do not have a courtroom number, look for a list of cases at the courthouse or ask the circuit clerk;
  • Check in with the judge’s clerk or coordinator sitting on either side of the judge’s seat;
  • Know your line number and tell the clerk or coordinator your name and line number (you may have to sit outside the courtroom);
  • Listen for your name or your line number to be called and then step up to the bench;
  • Be prepared to swear to tell the truth and to answer questions truthfully;
  • Explain briefly the issue you would like to address before leaving the courthouse;
  • Listen for the court to tell you what will happen next, after hearing from you and the other side;
  • You should receive a copy of whatever order is entered that day. Don’t leave the courtroom without it.

  How do I present my case to the judge?

  Tell the judge your side of the case and answer any questions. Be prepared to tell the judge about specific negative results you may suffer if your request is
  denied.

  You will have a chance to respond to any objections to your request. The agencies that you listed on your Notice of Filing for Expungement and Sealing form may be at your court date and could ask you questions about your case.

  Understand your rights if your request was approved

  How will I find out if my request is approved or denied?

  If you do not receive a copy of the Order in court, the circuit clerk will mail you a copy of it. The Order will say whether your request was approved or denied.

  What do I do with the Order after I get it?

  If your request was approved, it is very important that you keep a copy of the Order that you receive from the circuit clerk in a safe place. Once your arrests or cases are expunged or sealed, the court no longer has a court record for you, and it may be very difficult to get another copy of the Order.

  If my request is approved, how long does it take for my record to be expunged or sealed?

  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 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:

  • Law enforcement agencies (including police departments, prosecutors, correctional institutions, military, and court services), and the Department of Child and Family Services (DCFS) can see all sealed records, expunged pardoned convictions, and some five-year waiting-period expunged records, for limited purposes.
  • Any employer required by law to conduct fingerprint background checks can see sealed felony conviction records. These employers include financial institutions, fire departments, private courier companies, schools, park districts, healthcare organizations, and childcare organizations.

  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.

  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.

  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.

  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.

  If an employer finds out that you expunged or sealed any criminal records, they cannot use that against you.

  Options if your request was denied

  If your expungement or sealing request is denied, there are two things you can do:

  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.

  There are fees to file many court forms, especially when starting a case. Fees are different from case to case and county to county. Contact the circuit clerk to find out about their fees. Many circuit clerks list their fees on their website.

  If you qualify, you can get a Fee waiver. A fee waiver allows you to file for free, or at a reduced cost.

  You must send a copy of your Motion 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.

  [no-lexicon] Appeal [/no-lexicon]

  You also have the option to ask that the Appellate Court review the decision made by the Circuit Court. To do so:

  • File a Notice of Appeal to the circuit clerk within 30 days from the date the Order denying your Request was entered; or
  • If you filed a Motion for Reconsideration and the court still rules against you, file a Notice of Appeal to the Circuit Clerk within 30 days from t he date the Order denying your Motion for Reconsideration was entered. Learn more about appealing a court case.