Illinois: Adult Factual Innocence (IL-FI-3)

Records relating to a conviction for which the person served all or part of a sentence of incarceration, but was found factually innocent, can be expunged by the court. 20 ILCS 2630/5.2(8); 735 ILCS 5/2-702(h).

Record Detail(s)

Improper conviction

Previous Conviction Disqualifying

No

Mandatory / Discretionary

Discretionary

Hearing

At court's discretion

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Offenses other than felonies. 735 ILCS 5/2-702(h).

Procedure General

The petition for factual innocence must be filed in the circuit court. If the certificate is granted, the court enters an order expunging the arrest records and sealing the records of the clerk of the court and state police. For the specific procedure, see 20 ILCS 2630/5.2(b); 735 ILCS 5/2-702(h).

Fees

There is no statutory language regarding fees.

Effect

Arrest records destroyed or returned to the person. The state police and circuit court clerk's records will be sealed if good cause can be shown. The person's name will be obliterated from the circuit court clerk's index. 20 ILCS 2630/5.2(8); 735 ILCS 5/2-702(h).

Waiting Periods

The petition can be filed any time after the certificate is granted.

Back to Illinois