Illinois: Adult Convictions (IL-C-5)

Arrest records relating to a conviction for which a person received a pardon specifically authorizing expungement can be expunged, and court records sealed, immediately by a court. 2 20 ILCS 2630/5.2(e).

Record Detail(s)

Pardon

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

No statutory language

Clearance Process

Petition-based

Remedy

Seal

Ineligible Category or Citation

There is no statutory language regarding ineligible offenses.

Procedure General

The petition must be filed with the Chief Judge of the circuit where the person had been convicted, any judge of the circuit designated by the Chief Judge, or in counties of less than 3,000,000 inhabitants, the presiding trial judge at the person's trial. For the specific procedure, see section 20 ILCS 2630/5.2(e).

Fees

There is no statutory language regarding fees.

Effect

The court records are made unavailable without a court order and the person's name is obliterated from the official index. 20 ILCS 2630/5.2(a)(1)(K). The arrest records are physically destroyed or returned to the person and the person's name is obliterated from any official index or public record, or both. 20 ILCS 2630/5.2(a)(1)(E).

Waiting Periods

There is no statutory language regarding a waiting period.

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