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March 07, 2025
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When Can a Misdemeanor Be Expunged in Illinois?
A misdemeanor conviction can have lasting effects on your life, from limiting employment opportunities to affecting your ability to obtain housing. Fortunately, Illinois allows individuals to expunge or seal certain offenses from their criminal record, giving them a chance for a fresh start. But not all offenses are eligible, and the eligibility for expungement depends on several factors.
This guide explains when a misdemeanor can be expunged in Illinois, outlines the waiting period requirements, and highlights how you can navigate the process of expungement or sealing.
What Does It Mean to Expunge a Misdemeanor?
To expunge a criminal record means to erase it completely, as if the offense never occurred. When a record is expunged, law enforcement agencies, police departments, and potential employers cannot see it during background checks. It is essentially removed from public access.
Expungement is different from record sealing. While sealing a record hides it from the public, certain law enforcement agencies and government officials may still have access to it. Expungement, on the other hand, removes the record entirely.
Who is Eligible for Misdemeanor Expungement in Illinois?
Not all misdemeanors can be expunged under Illinois law. Eligibility depends on the type of offense, the outcome of the case, and the time that has passed since the sentence was completed. Here are the main factors that determine eligibility:
- Outcome of the Case
- If you were arrested but never charged, you are typically eligible to have the arrest record expunged.
- If you were charged but the case was dismissed, you are eligible for expungement.
- If you successfully completed court supervision or qualified probation, you may be eligible for expungement after a waiting period.
- Type of Offense
- Certain offenses, like criminal sexual abuse, reckless driving, and domestic battery, are not eligible for expungement.
- Felony convictions are typically ineligible for expungement, but they may be eligible for record sealing.
- Completion of Sentence
- You must have successfully completed court supervision, conditional discharge, or second chance probation to qualify for expungement.
- For court supervision, you must complete the required waiting period before filing an expungement petition.
- Time Requirements
- There may be a required waiting period after completing your sentence. For most misdemeanors, you must wait two to five years, depending on the specifics of your case.
If you are unsure of your eligibility for expungement, a criminal defense attorney can review your record and advise you on your options.
Which Misdemeanors Cannot Be Expunged?
Not all misdemeanors are eligible for expungement in Illinois. Certain convictions are excluded due to the serious nature of the offense. Misdemeanor charges that cannot be expunged include:
- Reckless driving if committed after the age of 25
- Domestic battery
- Criminal sexual abuse (in most cases)
- Certain sexual offenses that require sex offender registration
If you were convicted of any of these offenses, you may still be able to seal the record, but expungement will not be an option.
How Does the Expungement Process Work?
The process of expungement in Illinois involves multiple steps. While you can file a petition on your own, it is highly recommended to work with an attorney to ensure you meet all the requirements.
1. Check Eligibility
Before filing an expungement petition, check to see if you are eligible. You must meet the following conditions:
- Your offense qualifies for expungement under Illinois law.
- The required waiting period has passed since you completed your sentence.
2. File a Petition for Expungement
To begin the process, you must file a petition with the clerk’s office in the county where the conviction occurred. For example, if your case was in Cook County or DuPage County, you must file the petition there. The petition includes details about your conviction, sentence, and why you are eligible for expungement.
3. Pay Filing Fees
You will need to pay a filing fee when you submit your petition. The cost varies depending on the county. If you cannot afford the fee, you can request a fee waiver.
4. Attend a Court Hearing
Once you file your petition, the court will schedule a hearing where a judge will review your case. At the hearing, you may need to present evidence to prove your eligibility for expungement. This is where having an attorney is especially helpful.
5. Wait for the Judge’s Decision
After the hearing, the judge will decide whether to grant or deny your petition. If the judge grants it, the court will issue an expungement order. Once this happens, law enforcement agencies, police departments, and other record-keeping entities will be required to destroy or remove your record from public databases.
How Long Do You Have to Wait to Expunge a Misdemeanor?
The required waiting period to expunge a misdemeanor in Illinois depends on the outcome of the case:
- Dismissed charges: You can file for expungement immediately after dismissal.
- Court supervision: A waiting period of two to five years is required after successful completion of court supervision.
- Qualified probation or conditional discharge: You must wait a minimum of five years after successful completion.
If you are unsure about the required waiting periods, consult with an attorney to determine if you are immediately eligible for expungement.
What Happens If a Misdemeanor Cannot Be Expunged?
If your misdemeanor is not eligible for expungement, you may still be able to seal the record. Unlike expungement, record sealing hides the record from public view but does not destroy it. Certain government agencies and law enforcement can still see a sealed record.
In some cases, you may be able to seek executive clemency from the Prisoner Review Board. Clemency is granted by the governor and can result in a pardon, which allows for expungement. This is often a last resort for people with ineligible felony convictions or offenses like domestic battery or criminal sexual abuse.
Can You Expunge a Misdemeanor if You Have a Felony Conviction?
In most cases, a prior felony conviction will disqualify you from expunging a misdemeanor. However, Illinois offers relief for certain low-level felony offenses through record sealing. If you have other convictions on your record, sealing laws may provide a pathway to clear your record.
How Can an Attorney Help You Expunge a Misdemeanor?
Navigating the expungement process can be complex. An attorney can help you determine if you qualify for expungement, file the necessary petitions, and present evidence at the court hearing. Here’s how an attorney can assist you:
- Review your criminal record to identify which offenses qualify for expungement.
- File a petition for expungement in the correct county, such as Cook County or DuPage County.
- Represent you in court and present evidence to the judge.
- Ensure deadlines are met for waiting periods and court hearings.
An experienced attorney can help you understand Illinois expungement laws and improve your chances of getting your record cleared.
Take Control of Your Future With Expungement
If you want to know more about when a misdemeanor can be expunged in Illinois, call Chicago Trusted Attorneys at (312) 931-5411 to schedule your free, no-obligation consultation. Our experienced attorneys can guide you through the expungement process and help you take the first step toward clearing your criminal record.
FAQs About Misdemeanor Expungement in Illinois
1. How do I know if I’m eligible for expungement in Illinois?
Eligibility depends on the type of offense, the completion of your sentence, and whether the required waiting period has passed.
2. How long is the waiting period to expunge a misdemeanor?
You may need to wait two to five years after completing court supervision or conditional discharge. If charges were dismissed, you can file for expungement immediately.
3. Can I expunge my misdemeanor if I have a felony on my record?
Typically, no. However, you may still be eligible for record sealing. Consult with an attorney to explore your options.
4. What happens at the expungement hearing?
At the hearing, you present your case to the judge, and they decide whether to grant the petition. Your attorney can present evidence and argue on your behalf.
5. How much does it cost to file for expungement?
Filing fees vary by county. You may be able to request a fee waiver if you cannot afford the fees.