Illinois: Adult Diversion/Deferral Program (IL-D-5)

Records of arrests or charges not resulting in orders of supervision, including orders of supervision for municipal violations, can be sealed by the court two years after the petitioner's last sentence, unless section (c)(3)(E) applies. 20 ILCS 2630/5.2(c)(2)(C), (c)(3)(B), (c)(3)(E).

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

Seal

Ineligible Category or Citation

See ineligible offenses in 20 ILCS 2630/5.2(a)(3).

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). If the petitioner has earned a specified educational achievement during the period of his or her sentence, the record can be sealed immediately upon completion of the sentence. 20 ILCS 2630/5.2(c)(3)(E).

Fees

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

Effect

The records are made unavailable without a court order, and the petitioner's name is obliterated from the official index. 20 ILCS 2630/5.2(a)(1)(K). In response to any inquiry from anyone not authorized to access records, an agency is to reply as if no record ever existed. 20 ILCS 2630/5.2(d)(9)(C).

Forms

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

Waiting Periods

The petition can be filed two years after the petitioner's last sentence. If the petitioner has earned a specified educational achievement during the period of their sentence, the record can be sealed immediately upon completion of the sentence. 20 ILCS 2630/5.2(c)(2)(C), (c)(3)(B), (c)(3)(E).

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