Illinois: Adult Non-Conviction Arrests (IL-NC-1)

Records of arrests and charges not initiated by an arrest that resulted in acquittal, dismissal, or release without charging can be expunged by the court. 20 ILCS 2630/5.2(b)(1).

Record Detail(s)

No conviction obtained

Charges resolved in favor of defendant

Charges not filed

Previous Conviction Disqualifying

No statutory language

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

Minor traffic offenses, unless released without charge. 20 ILCS 2630/5.2(a)(3)(B).

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). 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 at any time following acquittal, dismissal, or release without charging.

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