Expungement Sealing FAQs

Dealing with a criminal record in Joliet or Will County can hinder job opportunities, housing, and license reinstatement, but expungement or sealing may offer a clean slate. At Joliet Driver’s License Reinstatement Lawyer, led by Jack L. Zaremba with over 20 years of legal experience, we’ve compiled these expungement and sealing FAQs to help clients in Joliet, Plainfield, Lockport, Romeoville, and surrounding areas understand Illinois laws. Specializing in DUI defense and license reinstatement, our team assesses eligibility and files petitions to clear records. Contact us today for a free consultation and personalized guidance on expungement in Joliet.

What Is the Difference Between Expungement and Sealing?

There are two methods of ‘clearing’ your criminal record in Illinois: expungement and sealing. When your record is expunged, the Clerk’s Office will erase your name from their docket system and impound the court file so the information does not appear on an employment background check, and the record will NOT be accessible to the public. The arresting police department, Illinois State Police, and FBI will also be ordered to expunge their records. Most private entities will NOT have access to the expunged record except under very limited circumstances. However, expunged records may be disseminated by the Department of State Police if required by law. Additionally, upon a subsequent conviction for any offense, the Department of Corrections may have access to an expunged record.

If your record is sealed, it cannot be obtained without a court order to unseal the record and is NOT accessible to most of the general public or on an employment background check. In addition, the Clerk’s Office impounds the court file and erases your name from the Clerk’s Office’s electronic docket system. The arresting police department, Illinois State Police, and FBI will also be ordered to seal their records. Law enforcement including police, courts, prosecutors, and the Department of Corrections still have access to the sealed record. It is important to note that sealed felony convictions can be accessed by any employer that requires a fingerprint-based background check for employment (i.e., schools, financial institutions, park districts, and other state agencies and units of local government). In Joliet and Will County, where background checks are common for jobs and housing, sealing or expunging can be vital for license reinstatement after DUI or traffic offenses—our attorneys help determine the best option for your case.

What Cases Qualify for Expungement or Sealing?

Sentences eligible for expungement:

  • Acquittals
  • Dismissals
  • Court supervision (if satisfactorily completed)
  • Qualified probation (i.e., 710-1410 probation, TASC probation, and second chance probation) are eligible for expungement.
    Convictions

Ineligible Cases:

The following cases cannot be expunged (unless acquittal or dismissal):

  • DUI
  • Reckless Driving (unless under 25 years of age when sentenced)

The following convictions cannot be sealed

  • Domestic battery
  • Violations of orders of protection
  • Stalking no contact orders
  • DUI
  • Reckless driving (unless under 25 years of age when sentenced)
  • Sex crimes (aside from prostitution and misdemeanor public indecency)
  • Crimes against animals under the Humane Care for Animals Act
    Illinois has specific waiting periods that must be followed depending on the final disposition of the case as discussed below.
    Note: Minor traffic tickets cannot be expunged, subject to a motion to vacate. In Joliet, where DUI and traffic convictions often affect license reinstatement, sealing eligible records can aid in job searches or hearings—our Will County team evaluates your case for qualification.

What Is the Required Waiting Period for Expungement and Sealing?

There are certain required waiting periods for expungement and sealing in Illinois. The waiting period depends on whether you are attempting to seal or expunge the offense and also the final disposition of the case.

For expungement, you are eligible immediately after a Finding of Not Guilty/Acquittal, Nolle Pros, or Finding of No Probable Cause as long as you do not still have a pending case. If the case disposition shows as Stricken with Leave (SOL), there is a 160 day waiting period. If the case disposition shows Non-Suit, there is a 120 day waiting period.

If you were placed on court supervision, the majority of offenses may be expunged 2 years after the successful completion of the supervision period. However, certain offenses require a 5 year waiting period for expungement including: domestic battery, criminal sexual abuse and qualified probation (i.e. 710-1410 Probation, Second Chance Probation, TASC Probation if properly vacated). It is important to note that qualified probation also requires proof of a clean drug test within 30 days of filing the petition.

For sealing, cases resulting in convictions, 710-1410 probation, or other eligible sentences have varying waiting periods—often 3 years after sentence completion for felonies, but immediate for some dismissals. In Joliet and Will County, where timing affects license reinstatement hearings, our attorneys ensure you meet waiting periods and file promptly to expedite clearing your record.

Conclusion

These expungement and sealing FAQs provide key insights for those in Joliet and Will County seeking to clear criminal records, especially for license reinstatement. At Joliet Driver’s License Reinstatement Lawyer, we’re here to evaluate eligibility and handle petitions. Contact us at jolietdriverslicensereinstatementlawyer.com for a free consultation today.

Disclaimer: This page is for informational purposes only and does not constitute legal advice. For personalized legal assistance, contact Joliet Driver’s License Reinstatement Lawyer at jolietdriverslicensereinstatementlawyer.com.

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