Illinois Expeal Guide

Note: The links and statutes were last checked on March 8, 2026. If you're looking at this after that date, please check yourself to make sure everything is still accurate.

Illinois has one of the broadest sealing and expungement laws in the nation and, after passing HB1836, it will be the broadest in the nation with automatic sealing of millions of records to take place starting in January 2029. Until then, Illinois requires the use of a petition and, in some instances, a court hearing.

Aspects of the process that are unique to the state include:

• Illinois has a specific process for marijuana-related charges.

Expeal Ranking

Illinois' Expeal ranking is 10 out of 15, or a B-.

This is based on the average of the following scores:

The metrics are defined as follows:

• Clean Slate: 3 if implemented; 2 if proposed or in the process of being implemented; 1 if being discussed; 0 if nothing
• Expeal: 3 if records are erased or destroyed; 2 if records are hidden but still exist; 1 if records are given a notation or some other form of reduction; 0 if nothing or if it requires a pardon or something similar before becoming available
• Tasks: 3 if application alone or automatic; 2 if straightforward court or administrative engagement required; 1 if administrative engagement required before straightforward court; 0 if convincing required
• Wait: 3 if immediate to 1 year; 2 if 1 to 3 years; 1 if 3 years to 5 years; 0 if > 5 years or intermediate step before tolling
• Cost: 3 if < $50; 2 if $50.01 to $250; 1 if $250.01 to $500; 0 if > $500.01

Steps

Below are the five phases that take you through the Expeal process in Illinois if you don't qualify for the automatic process. Remember: If you have to mail anything, remember to keep a copy of whatever you send and to use a method with a tracking number like the $10.30 USPS Flat Rate Envelope.

Phase 1: Verifying you Qualify

• Step 1: Get Fingerprinted. Visit your local police or sheriff's station and have your fingerprints taken. Cost: Typically ranges from $15.00 to $50.00, depending on the provider. Note: You must use a LiveScan fingerprint record.
• Step 2: Request your Record. Complete and submit your application to request an official copy of your criminal history record. Cost: There is a background check fee that is typically $15.00.
• Step 3: Review your Record. Confirm there is no disqualifying information in your history. If there is something incorrect, follow the process to challenge the issue. If everything is accurate, make a copy for your file and keep the original somewhere safe.

Phase 2: Collecting your Documents

• Step 4: Request Certified Documents. Collect certified copies of relevant documents. This include a copy of the disposition of the case from the clerk of court that handled the original case and the arrest record from the arresting agency. If you had probation or parole, had to take classes, had to pay fees, or had any other obligations, you need to get a certified copy of whatever proves you completed the requirements as well. Cost: Varies based on agency, but a good baseline is the fees from the City of Chicago Police, which charges $16.00 to certify a document and for every page that needs to be photocopied.
• Step 5: Verify the Final Documents. This may seem obvious, but there have been enough instances of wrong information, missing signatures, or other issues that it is absolutely worth spending the time to review each document you've received and making sure it is both certified and clearly shows you have completed whatever you were required to do. Make sure you make copies of each original file.

Phase 3: Completing the Petition

• Step 6: Prepare your Petition. Complete the petition based on the type of charge and outcome you are seeking. Among other requirements, there are timing restrictions to note: certain convictions require two years to pass and others require five years to pass.
• Step 7: Finalize your Petition. Take the completed petition from Step 6, the documents collected in Step 4, and the background check from Step 2, and put them together in a complete package. Double-check every file in the package is the original and ensure you have a copy of the complete package for your personal file.

Phase 4: Final Steps

• Step 8: File your Expeal Request. File the petition with the court that handled the case. Cost: The petition has a filing fee that can vary based on the county, but the $152.00 in Lake County is a good baseline.
• Step 9: Work with the Court. After confirming the files have been received by the court, wait to hear how they want to proceed in terms of a hearing or otherwise.

Phase 5: Celebrate!

• Step 10: Enjoy your Second Chance! Begin the next chapter in your life with the legal ability to say you were never even arrested for the charges you just cleared! While we understand you won't want to tell people you used Expeal, we do hope you'll recommend us when you hear about someone who could use the service. Best of luck with everything!

Statutes

The following statutes govern the Expeal process in Illinois:

• Sec. 5.2. Expungement, sealing, and immediate sealing.

Official Government Links

Agencies

The following pages are important for you to be familiar with as you go through the Expeal process:

• Illinois State Appellate Defender's official page on Expungement and Sealing.

Forms

The following links lead to official forms required for the Expeal process:

• Illinois Courts' Approved Statewide Forms.