How long you wait to clear a record in Illinois
When you can ask to clear a record in Illinois.
Checked against official sources: October 25, 2026.
Short answer
Illinois law sets a waiting period for each kind of case. The wait starts from a set event.
- Main remedy
- Expungement
- Waiting periods
- Arrest without charges, acquittal, dismissal, reversed or vacated conviction: No waiting period, counted from the end of the case
Court supervision, completed (most offenses): 2 years, counted from satisfactory termination of the supervision
Court supervision for domestic battery, criminal sexual abuse, uninsured or false-insurance vehicle offenses, scrap-record offense: 5 years, counted from satisfactory termination of the supervision
When can I file in Illinois?
Pick your kind of case and the date the waiting period runs from. We add the waiting period from the law; nothing else.
Waiting periods: Expungement
Arrests and charges that ended in release without charging, acquittal, dismissal, or a conviction that was reversed or vacated; successfully completed court supervision; successfully completed qualified (first-offender/drug) probation. Convictions can be expunged only after a governor's pardon authorizing expungement, a Prisoner Review Board certificate of eligibility for expungement, or under the cannabis vacate-and-expunge process.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrest without charges, acquittal, dismissal, reversed or vacated conviction | No waiting period You can file right away. | The end of the case |
Court supervision, completed (most offenses) | 2 years You must wait 2 years after you successfully finish supervision. | Satisfactory termination of the supervision |
Court supervision for domestic battery, criminal sexual abuse, uninsured or false-insurance vehicle offenses, scrap-record offense | 5 years For these offenses you must wait 5 years after you successfully finish supervision. | Satisfactory termination of the supervision |
Qualified probation (e.g. first-offender drug probation), completed | 5 years You must wait 5 years after you successfully finish the probation. | Satisfactory termination of the probation |
Misdemeanor reckless driving supervision before age 25 | See the rule You can expunge it once you turn 25, if you have no other DUI or reckless driving conviction. | Your 25th birthday |
- Not eligible
- Convictions (unless pardoned, certified by the Prisoner Review Board, or eligible cannabis); supervision for DUI; supervision for sexual offenses against a minor; reckless driving supervision (except the under-25 rule); minor traffic offenses unless you were released without charging; supervision or qualified probation that was not completed successfully.
Law: 20 ILCS 2630/5.2(a), (b), (d)
Source: Official text
Waiting periods: Sealing
Arrests and non-conviction cases; completed supervision and qualified probation; misdemeanor convictions (including municipal ordinance violations); most felony convictions.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Arrest without charges, acquittal, dismissal, reversed or vacated conviction | No waiting period You can file at any time. | The end of the case |
Misdemeanor conviction | 2 years You can seal a misdemeanor conviction 2 years after your last sentence ends. | Termination of your last sentence in any case |
Conviction with probation or conditional discharge completed without revocation (misdemeanor or felony) | 2 years You can seal it 2 years after your last sentence ends. | Termination of your last sentence |
Other felony conviction | 3 years You can seal most other felony convictions 3 years after your last sentence ends. | Termination of your last sentence |
Felony conviction, education goal reached during sentence | No waiting period If you earned a diploma, GED, degree or career certificate during your sentence, you can ask to seal a felony as soon as your sentence ends. | Termination of your last sentence |
Completed supervision or qualified probation | 2 years You can seal it 2 years after your last sentence ends. | Termination of your last sentence |
- Not eligible
- DUI; reckless driving (except a misdemeanor before age 25 with no other DUI/reckless driving conviction, sealable at 25); domestic battery and battery of an unborn child; violation of an order of protection, civil no contact or stalking no contact order; most sex offenses in Article 11 (misdemeanor public indecency and prostitution are allowed); dog fighting; Class A misdemeanor or felony animal cruelty; offenses requiring sex offender registration; minor traffic offenses unless released without charging. Arsonist or violent-offender-against-youth registrants must wait until registration ends.
Law: 20 ILCS 2630/5.2(a)(3), (c), (d)
Source: Official text
Waiting periods: Immediate Sealing
Acquittals and dismissals with prejudice in cases on or after January 1, 2018.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Acquittal or dismissal with prejudice | No waiting period Your lawyer can file a sealing petition at the same hearing where your case is dismissed or you are acquitted. | The hearing where the case ends |
- Not eligible
- Minor traffic offenses.
Law: 20 ILCS 2630/5.2(g)
Source: Official text
Waiting periods: Motion to Vacate and Expunge Cannabis Convictions
Misdemeanor or Class 4 felony convictions for possession (Section 4) or manufacture/delivery (Section 5) under the Cannabis Control Act.
| Kind of case | Waiting period | Counted from |
|---|---|---|
Eligible cannabis conviction | No waiting period You can file once you have finished the non-financial parts of your sentence; unpaid fines do not block you. | Completion of all non-financial parts of the sentence |
- Not eligible
- Convictions above Class 4 felony; other drug laws.
Law: 20 ILCS 2630/5.2(i)(3)
Source: Official text
Automatic relief in Illinois
Without any petition, the Illinois State Police will automatically seal eligible records: non-conviction records right away, completed supervision and qualified probation after 2 years, misdemeanor convictions 2 years and felony convictions 3 years after the sentence ends. Excluded: convictions for homicide and other Article 9 offenses, most sex offenses, Class X felonies, crimes of violence, robbery, vehicular hijacking, residential and Class 1-2 burglary, trafficking, organized retail crime, sex-offender-registration offenses, DUI and the other petition-sealing exclusions. Nothing is sealed while you are serving a sentence or have pending charges. Separately, from January 1, 2028 clerks seal municipal ordinance violations and Class C misdemeanors one year after the case closes.
Act effective June 1, 2026; automatic sealing begins January 1, 2029. Older records are sealed in phases: 2005-2028 records by January 1, 2030, 1990-2005 by January 1, 2031, 1970-1990 by January 1, 2032 (clerks follow within one to two years). Ordinance violations and Class C misdemeanors from January 1, 2028.
Law: 20 ILCS 2630/5.2(k), (l), added by P.A. 104-0459 (HB1836)
In nearby states
- Indiana: Arrest, charge dismissed or acquitted (petition): 1 year, counted from the date of arrest, charge or juvenile allegation, whichever is later
- Missouri: Misdemeanor, municipal violation or infraction: 1 year, counted from completion of the sentence or other authorized disposition
- Iowa: Acquittal or dismissal of all charges: At least 180 days must pass after the acquittal or dismissal, unless the court finds good cause (for example, identity theft or mistaken identity), counted from the judgment of acquittal or order of dismissal
Steps after the wait in Illinois
Check your dates
Your court papers show when the case ended and when your sentence was done.
Read the full rule
The wait is only one rule; the court looks at the whole record.
Get the forms
When the waiting period has passed, you can prepare your request. How to file.
Ask for free help
Ask for free help: Office of the State Appellate Defender, Expungement Unit and Illinois Legal Aid Online (free expungement Easy Form).
Where to get free help in Illinois
Questions about waiting periods in Illinois
Which records can be cleared in Illinois?
Expungement: Arrests and charges that ended in release without charging, acquittal, dismissal, or a conviction that was reversed or vacated; successfully completed court supervision; successfully completed qualified (first-offender/drug) probation. Convictions can be expunged only after a governor's pardon authorizing expungement, a Prisoner Review Board certificate of eligibility for expungement, or under the cannabis vacate-and-expunge process. Sealing: Arrests and non-conviction cases; completed supervision and qualified probation; misdemeanor convictions (including municipal ordinance violations); most felony convictions. Immediate Sealing: Acquittals and dismissals with prejudice in cases on or after January 1, 2018. Motion to Vacate and Expunge Cannabis Convictions: Misdemeanor or Class 4 felony convictions for possession (Section 4) or manufacture/delivery (Section 5) under the Cannabis Control Act.
How long do I have to wait in Illinois?
Arrest without charges, acquittal, dismissal, reversed or vacated conviction: No waiting period, counted from the end of the case; Court supervision, completed (most offenses): 2 years, counted from satisfactory termination of the supervision; Court supervision for domestic battery, criminal sexual abuse, uninsured or false-insurance vehicle offenses, scrap-record offense: 5 years, counted from satisfactory termination of the supervision; Qualified probation (e.g. first-offender drug probation), completed: 5 years, counted from satisfactory termination of the probation.
Does Illinois clear records automatically?
Without any petition, the Illinois State Police will automatically seal eligible records: non-conviction records right away, completed supervision and qualified probation after 2 years, misdemeanor convictions 2 years and felony convictions 3 years after the sentence ends. Excluded: convictions for homicide and other Article 9 offenses, most sex offenses, Class X felonies, crimes of violence, robbery, vehicular hijacking, residential and Class 1-2 burglary, trafficking, organized retail crime, sex-offender-registration offenses, DUI and the other petition-sealing exclusions. Nothing is sealed while you are serving a sentence or have pending charges. Separately, from January 1, 2028 clerks seal municipal ordinance violations and Class C misdemeanors one year after the case closes.
Who helps for free in Illinois?
Office of the State Appellate Defender, Expungement Unit, Illinois Legal Aid Online (free expungement Easy Form) and Illinois Court Help (call or text).