Illinois Expungement and Sealing: Cannabis Relief and How to File

Illinois has two separate ways to clear a criminal record: expungement and sealing. They sound similar, but they work differently and they are available to different people. Expungement destroys the record. Sealing hides it from public view but keeps it accessible to law enforcement. Which one you can get depends on how your case ended. If you were arrested but never convicted, you may qualify for expungement. If you were convicted of an eligible offense, you may qualify for sealing. And if your record involves cannabis, Illinois has a separate automatic process that may clear it without you filing anything. This guide covers all three paths.

Expungement vs. sealing in Illinois — the distinction that matters

In most states, "expungement" is used loosely to mean any kind of record clearing. In Illinois, the law draws a hard line between two different processes, and using the wrong term with a court clerk or on your petition can cause real confusion.

Expungement means the record is physically destroyed or returned to you. The Illinois State Police deletes it from their database. The arresting agency destroys their copy. It is gone. You can legally say the arrest never happened. Expungement is available for non-conviction records: arrests where charges were never filed, cases that were dismissed, acquittals, and successfully completed supervision or qualified probation.

Sealing means the record is hidden from public view. Employers and landlords running standard background checks will not see it. But the record still exists. Law enforcement, the State's Attorney, the judiciary, and certain licensing agencies can still access sealed records. Sealing is available for many conviction records — including most misdemeanors and some felonies — after a waiting period.

There is also immediate sealing, which applies to certain offenses without any waiting period. The list of immediately sealable offenses has expanded over the years and now includes many non-violent crimes.

Who qualifies for expungement

Who qualifies for sealing

Sealing is the path for people with convictions. Illinois has gradually expanded the list of offenses eligible for sealing, and as of 2026, many non-violent misdemeanors and some felonies can be sealed after a three-year waiting period from the completion of the last sentence.

However, certain offenses are specifically excluded from sealing:

• DUI and reckless driving convictions
• Domestic battery convictions
• Violations of orders of protection
• Sex offenses and offenses requiring sex offender registration
• Most crimes against children
• Animal cruelty
• Dog fighting

If your conviction does not fall into one of these exclusion categories, it is likely eligible for sealing. The options guide can help you sort through whether your specific offense qualifies.

Cannabis expungement — automatic and petition-based

When Illinois legalized recreational cannabis through the Cannabis Regulation and Tax Act in 2020, the state included provisions for clearing old cannabis records. This works through two mechanisms.

Automatic expungement applies to minor cannabis offenses — generally possession of 30 grams or less. The Illinois State Police is required to automatically expunge these records without you filing anything. The Governor has also issued executive clemency for over 800,000 cannabis-related records. If your only offense was low-level cannabis possession, check your ISP record — it may already be cleared.

Petition-based cannabis expungement is available for offenses involving more than 30 grams but not more than 500 grams. For these cases, the State's Attorney in the county of conviction can file a motion to vacate the conviction and expunge the record. You can also petition the court directly.

Waiting periods

The waiting period depends on what you are petitioning for and how your case ended. For non-conviction records, there is often no waiting period. For convictions being sealed, the clock starts after you complete your last sentence — meaning jail time, probation, parole, and payment of all fines and fees must be done first.

How to file — step by step

Illinois expungement and sealing petitions are filed in the circuit court where the arrest or case occurred. If you have records in multiple counties, you may need to file in each one. The process is navigable without a lawyer, but the paperwork requires attention to detail.

Governor's clemency — the alternative path

If your conviction is not eligible for sealing — because it is a DUI, domestic battery, or another excluded offense — a Governor's pardon is an alternative. Illinois has a Prisoner Review Board that reviews clemency petitions and makes recommendations to the Governor.

A pardon does not automatically expunge your record, but you can request that the pardon specifically authorize expungement. If the Governor grants a pardon with authorization for expungement, you can then file a petition to have the record destroyed. This is a longer process — typically 1-3 years — but it is a real pathway for offenses that are otherwise permanently excluded.

What expungement and sealing actually do — and their limits

Free legal help in Illinois

You do not need a lawyer to file for expungement or sealing in Illinois. The process is designed for self-representation, and many people handle it successfully on their own. But if your situation is complicated — multiple cases, objections from the State's Attorney, or uncertainty about eligibility — free help is available.

Start here

The first step is to get your Illinois State Police criminal history so you know exactly what is on your record. That $16 report tells you what charges are there, how they ended, and when. From there, you can figure out whether you need expungement, sealing, or both — and whether the cannabis automatic process has already cleared part of your record.

Illinois has been steadily expanding who can clear their record. The Cannabis Regulation and Tax Act, the expansion of sealable offenses, and the immediate sealing provisions have all made the process more accessible than it was even five years ago. If you looked into this before and were told you did not qualify, it may be worth checking again.