Illinois: Adult Diversion/Deferral Program (IL-D-4)

Records of arrests or charges not resulting in an order of qualified probation can be expunged by the court five years after satisfactory termination of the probation. 20 ILCS 2630/5.2(b)(1), (b)(1.5), (b)(2)(C).

Record Detail(s)

Completion of diversion or deferral program

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

No statutory language regarding ineligible offenses.

Procedure General

The petition to expunge the records must be filed with the clerk of the court where the arrests occurred or the charges were brought, or both. If arrests occurred and charges were brought in multiple jurisdictions, a petition must be filed in each such jurisdiction. 20 ILCS 2630/5.2(d)(1). For the specific procedure, see 20 ILCS 2630/5.2(d).

Fees

There is a fee, unless the petitioner qualifies for a fee waiver. 20 ILCS 2630/5.2(d)(1), (1.5), (10).

Effect

Arrest records are destroyed or returned to the person, and the court records are impounded. Law enforcement agencies and the court will reply to inquiries as if no record ever existed. 20 ILCS 2630/5.2(d)(9).

Forms

For applications regarding the expungement of records in Illinois, visit here.

Waiting Periods

The petition can be filed five years after satisfactory termination of the probation.

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