First, understand the two main options

The practical question is not simply “Was I arrested?” It is: What was the final disposition of each charge, what sentence did the court impose, and when did that sentence end?

Check the law: 20 ILCS 2630/5.2(a)(1)(E), (K), (b), and (c); 20 ILCS 2630/13. Illinois Clean Slate Act: Public Act 104-0459

What changed, and why an old answer may be wrong

2017: A conviction no longer blocks every expungement

Before the reform, a conviction elsewhere in a person’s history could prevent expungement of an otherwise eligible arrest or dismissed case. Public Act 99-0881, effective January 1, 2017, removed that blanket barrier. A prior conviction does not automatically disqualify a separate eligible nonconviction record.

This did not turn ordinary convictions into expungeable records. It changed the treatment of eligible records for people who also have convictions.

Check the law: 20 ILCS 2630/5.2(b)(1) and (1.5). Public Act 99-0881: 2017 expungement reform (PDF)

2017: Felony sealing expanded substantially

Public Act 100-0284, effective August 24, 2017, expanded sealing beyond the former narrow list of eligible felony convictions. An older article limited to selected Class 4 felonies is no longer a reliable eligibility guide. The current exclusions and waiting periods still matter.

Check the law: 20 ILCS 2630/5.2(c)(2), subject to subsection (a)(3). Public Act 100-0284: 2017 felony sealing expansion

2026: Changes you can use now

The petition provisions of the Clean Slate Act, Public Act 104-0459, took effect June 1, 2026. The law revised petition-based sealing periods, removed the former drug-test requirement, and deleted the former subsequent-felony restriction in subsection (c)(4). A new conviction still requires its own eligibility review; nothing here promises relief for every record.

Check the law: 20 ILCS 2630/5.2(c)(3), (c)(4), and (d)(3); Public Act 104-0459, §99. Illinois Clean Slate Act: Public Act 104-0459

Check the law: 20 ILCS 2630/5.2(k) and (l). Illinois Clean Slate Act: Public Act 104-0459

How long do you have to wait?

The age of the arrest is only part of the story. For sealing, the statute generally measures the waiting period from completion of the person’s last sentence, which can include a sentence in another jurisdiction.

These are starting points, not a substitute for checking the exceptions. For felony convictions subject to the three-year waiting period, subsection (c)(3)(E) may allow earlier sealing if you earn a qualifying educational credential during your sentence or mandatory supervised release. You must not have completed the same educational goal before that period. This exception does not shorten the two-year waiting period.

Check the law: 20 ILCS 2630/5.2(a)(1)(F), (b)(2), and (c)(3). Illinois Clean Slate Act: Public Act 104-0459

Some offenses have special restrictions

Subsection (a)(3) excludes specified records, including DUI convictions and supervision, most reckless-driving dispositions, and listed domestic-violence, sexual, and animal-cruelty offenses. The precise offense and disposition control.

Ordinary battery is not the same offense as domestic battery. A label such as “battery” does not establish which statute applies. Reckless driving also has a narrow exception involving an offense committed before age 25, additional conditions, and relief after age 25. Obtain the judgment before applying that exception.

Check the law: 20 ILCS 2630/5.2(a)(3), (b)(2)(B)(i-5), and (c)(3)(D). Illinois Clean Slate Act: Public Act 104-0459

Drug cases: the disposition matters, and cannabis has its own rules

Qualified probation can lead to a different result

A drug case resolved through a qualifying first-offender or treatment disposition is different from an ordinary conviction. The definition of “qualified probation” includes programs under section 10 of the Cannabis Control Act, section 410 of the Illinois Controlled Substances Act, and section 70 of the Methamphetamine Control and Community Protection Act, among others.

Successful completion can support the qualified-probation routes described above. The sentencing order must identify the program and the record must establish successful termination. The 2026 Clean Slate Act also deleted the former drug-test requirement in section 5.2(d)(3).

Check the law: 20 ILCS 2630/5.2(a)(1)(J), (b)(2)(C), (c)(3)(B), and (d)(3). Illinois Clean Slate Act: Public Act 104-0459

The 2026 cannabis change: 60 grams in the statutory definition

Public Act 104-0463 amended the definition of a “Minor Cannabis Offense” in section 5.2(a)(1)(G-5) to cover specified violations involving not more than 60 grams, replacing the former 30-gram threshold. The definition excludes a section 7 penalty enhancement and an association with an arrest, conviction, or other disposition for a violent crime as defined by the cross-referenced statute.

This amendment is in section 105 of the public act and took effect June 12, 2026. Some other provisions of that act take effect November 12, 2026; that later date does not postpone this definition change.

Check the law: 20 ILCS 2630/5.2(a)(1)(G-5); Public Act 104-0463, §§105 and 999. Public Act 104-0463: 2026 cannabis amendments

Automatic marijuana expungement: you may not need to file a petition

1. Qualifying records that did not result in a conviction

Under section 5.2(i)(1)(A), automatic agency expungement covers records of a qualifying Minor Cannabis Offense committed before June 25, 2019 when:

• At least one year has passed since the arrest or law enforcement interaction; and
• No related criminal charges were filed, or the charges ended in dismissal, vacatur, or acquittal.

Subsection (i)(1)(B) also directs the agency to expunge the records when the one-year condition is met but the agency cannot verify the charging or disposition condition. The statute identifies records of arrests, charges not initiated by arrest, supervision, and qualified probation, subject to these requirements.

This provision addresses law enforcement records. Do not assume that agency expungement also clears a separate court file or updates a private background report. Check each record separately.

2. Qualifying convictions follow a state review and pardon process

Section 5.2(i)(2) creates a separate process for qualifying Minor Cannabis Offense convictions. The Illinois State Police identifies eligible records and sends them to the Prisoner Review Board. The Board reviews them and makes recommendations to the Governor.

If the Governor grants a pardon authorizing expungement, the Board, through the Attorney General, files the expungement petition. The court then orders expungement as the statute directs. The state initiates this process, but a qualifying conviction does not disappear merely because it appears to meet the cannabis definition. The pardon and court-order steps still matter.

3. A court motion provides another route for certain convictions

Sections 5.2(i)(3) and (i)(4) provide motion procedures to vacate and expunge qualifying misdemeanor or Class 4 felony convictions under sections 4 or 5 of the Cannabis Control Act. These procedures differ from automatic agency expungement.

What the 60-gram change means: the current definition of a Minor Cannabis Offense uses the 60-gram limit described above. Each relief process still has its own conditions. Before treating an old Class 3 conviction as a Class 4 conviction, review the historical judgment and identify the legal authority for doing so.

Check the law: 20 ILCS 2630/5.2(i)(1) through (4). Public Act 104-0463: 2026 cannabis amendments

A hypothetical: one history, several different answers

Where this example came from

This example draws on a report obtained through TruthFinder, a commercial background-report service. The accompanying document summarizes the relevant entries and removes identifying details. It is a new educational summary, not a certified court record or a reproduction of the original report.

A commercial report can help you identify cases to investigate. It does not replace pulling the courthouse records. Entries may be incomplete, duplicated, outdated, or incorrectly matched. Before deciding what qualifies for relief, obtain the certified disposition for every count and review the judgment, sentence, and any later orders.

Download the anonymous background-report case study (PDF)

Getting certified dispositions in Chicago

For Chicago felony trial records, contact the Clerk’s Criminal Division at 2650 S. California Avenue, fifth floor, Room 526, telephone 773-674-3140. For Chicago misdemeanor records, the Criminal Department lists 50 W. Washington Street, Room 1006, telephone 312-603-4641. Its certified-disposition instructions request the defendant’s name, birth date, and arrest date. Supply the case number if you have it. Suburban cases require the appropriate district.

The Clerk’s Record Search Request Form, CCG 0026 (PDF) provides a way to request regular or certified copies. Older files may require archive retrieval. Confirm the file’s location, current fees, and request procedure before traveling or mailing a request.

Official instructions: Criminal Division at 26th and California; Criminal Department and certified-disposition FAQ. Contact details checked September 22, 2026.

Consider an anonymous person whose background report lists Illinois and Wisconsin offenses, dismissals, guilty findings, and incomplete entries. The offense descriptions below illustrate how the rules apply. This example omits names, personal dates, case numbers, and other identifying details.

Illinois: start with the disposition of every count

What the new rules change: a verified conviction in another case no longer automatically defeats expungement of a separate eligible dismissal. The expanded law may allow a court to seal eligible Illinois convictions. An entry marked “SOL” means “stricken off with leave to reinstate.” The prosecutor may seek to bring the charge back before the court. That entry alone does not establish a final dismissal. Check the court docket and any later orders to determine how the charge ended before deciding whether it qualifies for expungement.

Check the law: 20 ILCS 2630/5.2(b)(1), (b)(1.5), (b)(2), and (c), subject to (a)(3). Illinois Clean Slate Act: Public Act 104-0459

Wisconsin entries require Wisconsin law

Illinois relief does not clear a Wisconsin court record. This hypothetical also includes the following reported Wisconsin offenses:

• Resisting or obstructing an officer: Wis. Stat. §946.41(1).
• Taking and driving a vehicle without consent: §943.23(2).
• Theft: §943.20(1)(a).
• Endangering safety by use of a dangerous weapon: §941.20(1)(a).
• Operating while intoxicated, second offense: §346.63(1)(a).
• Operating with a prohibited alcohol concentration: §346.63(1)(b).
• Operating while revoked: §343.44(1)(b).

Some entries report guilty or no-contest outcomes; others say dismissed, dismissed and read in, or merely closed. Check duplicate entries and resolve inconsistent felony and misdemeanor labels. A no-contest plea entry needs the resulting judgment, and “closed” does not identify the disposition.

For older Wisconsin convictions, the sentencing date and the version of Wis. Stat. §973.015 then in effect are critical. The 2009 expansion was not retroactive, as explained in State v. Meinhardt, 2012 WI App 82. If the court imposed the hypothetical sentences before July 1, 2009 and the person was already at least 25 when the offenses occurred, the ordinary age-limited expunction route would not fit those facts.

Check the law: Wis. Stat. §973.015; State v. Meinhardt, 2012 WI App 82. Wisconsin Court of Appeals: State v. Meinhardt

Wisconsin DOJ’s process for removing eligible arrest information is separate from court expunction. A dismissed charge associated with an arrest that also produced a conviction may not qualify for removal from the state criminal-history database. A “dismissed and read in” entry requires particular care.

Check the law: Wis. Stat. §165.84 and Wisconsin DOJ criminal-history guidance. Wisconsin DOJ: correcting criminal history information

This hypothetical does not establish a cannabis offense. The cannabis reforms belong in the general guide. Applying them to this example would require an actual cannabis charge and a qualifying disposition.

How to get started without guessing

1. Get the court records. Obtain the charging documents, certified dispositions, sentencing orders, and proof of termination or discharge.
2. Build a charge-by-charge list. Identify the jurisdiction, statute, final outcome, sentence, and completion date. Reconcile duplicates and incorrect identity matches.
3. Choose the correct route. Expungement, sealing, cannabis relief, and correction of an inaccurate record are different processes.
4. Use the current court forms. Follow the instructions for the court that handled the case and include the required agencies.
5. Keep the resulting orders. Check that the agencies covered by the order update their records. A private background report may require a separate correction request.

Get the Illinois Supreme Court’s approved forms and instructions.

The current statute generally allows 60 days for objections after service. Lack of an objection does not mean the record has already been cleared; the court still enters its ruling.

Check the law: 20 ILCS 2630/5.2(d)(5) and (d)(6). Illinois Clean Slate Act: Public Act 104-0459

Get your records first: Chicago Police, Illinois State Police, and the FBI

A background report can point you toward a case. To decide what you can clear, you need to know what the police reported and what the court actually decided. A Chicago RAP sheet, an Illinois criminal-history transcript, an FBI summary, and a certified court disposition serve different purposes.

1. Chicago Police: start with your Chicago arrest history

If Chicago Police arrested you, request your Chicago RAP sheet through the department’s Criminal History Access and Review process. Use it to identify arrests and possible case numbers, then compare the entries with the courthouse records.

Download the Chicago Police RAP-sheet handout (PDF). This handout explains the fingerprint-based request process and identifies Police Headquarters at 3510 S. Michigan Avenue. The copy linked here dates to February 2012. Confirm today’s location, hours, identification requirements, fees, and delivery procedure with CPD before visiting. Do not rely on its older juvenile age categories or its statement that the state transcript is available only for viewing.

For help reaching the current CPD service, use Chicago 311. Getting a RAP sheet does not itself file an expungement petition or clear a record.

2. Illinois State Police: request your statewide transcript

Ask an Illinois law enforcement agency, correctional facility, or licensed fingerprint vendor about an Access and Review submission. The provider collects your fingerprints and identifying information and sends them to the Illinois State Police. ISP then sends your transcript and a Record Challenge form, or a statement that it found no criminal history.

ISP does not charge for processing Access and Review or Record Challenge submissions. The fingerprint provider may charge for its service. If the transcript contains an error or omits a disposition, use the challenge process and supply supporting records. Correcting inaccurate information is different from asking a court to expunge an otherwise accurate record.

Official instructions: Illinois State Police: Viewing My Record and Access and Review.

3. Cook County: get the court’s disposition for every count

The Clerk’s disposition identifies the court’s recorded outcome. Ask for a certified disposition for each count, and obtain the judgment, sentence, and later orders when you need them to resolve an unclear entry or establish when a sentence ended. The hypothetical section lists the Chicago felony and misdemeanor records contacts, including the Criminal Division at 26th Street and California Avenue.

The court instructions are lengthy, but the preparation process is manageable:

1. Collect the records. Gather police histories and court dispositions for each case. An arrest that never led to a court case will not have a court disposition.
2. Make a case worksheet. Record the agency, case number, charge, result, sentence, and completion date. Resolve missing or conflicting information before deciding eligibility.
3. Choose the correct relief. Apply the current expungement, sealing, or special cannabis rules to each record.
4. Complete and file the current forms. Follow the applicable court instructions for filing, fees or a fee waiver, notice, and any hearing.
5. Keep the order and check the records. Confirm that the agencies covered by the order update their records. Investigate any remaining inaccurate entries separately.

Download the expungement and sealing instruction booklet (July 2021 edition, PDF). It is a statewide Illinois court guide, not a Cook County-only rulebook. Its worksheet and explanations help organize the records, but its eligibility rules and waiting periods predate the 2026 changes. For filing, use the current Illinois Supreme Court forms and instructions and check the Cook County Clerk’s expungement page for local information.

4. FBI: obtain your Identity History Summary and submit fingerprints

The FBI calls its RAP sheet an Identity History Summary. It draws on fingerprint submissions, disposition reports, and other information from authorized criminal justice agencies. A disposition may be missing if the FBI has not received it. Do not assume that the summary contains every case or that every entry reflects the latest court order.

1. Start at the official FBI site. Read the Identity History Summary instructions, then use the FBI’s electronic request portal.
2. Complete the application and payment. The FBI currently lists an $18 request fee. Fingerprint collection may cost extra.
3. Provide fingerprints. After completing the online request, you can use a participating U.S. Post Office for electronic fingerprint submission. The FBI’s instructions link to participating locations. Alternatively, follow its directions for mailing a current fingerprint card with your electronic-request confirmation.
4. Review the result. Compare it with your certified dispositions. The FBI also offers a mail application and an approved-channeler option, subject to the requirements on its website.

Official instructions: FBI FAQs: fingerprints, fees, and record challenges. This is the personal record-review process; employment and licensing checks may require a different authorized procedure.

If the FBI record is wrong, request a correction

You can challenge inaccurate or incomplete information in your FBI summary. Identify the disputed entry and include supporting documents, such as the certified disposition or an expungement order. The FBI lists no fee for a record challenge.

For expungement or sealing of state arrest information, the FBI directs people to the identification bureau in the state where the offense occurred. For Illinois records, start with ISP. The FBI receives information from authorized agencies; do not assume that every entry comes directly from ISP or that a state court order has already reached every database.

Federal arrest data follows a different rule. The FBI says it removes that data at the submitting agency’s request or upon receipt of a federal court order expressly directing expungement, subject to federal law. This describes how the FBI processes an authorized removal. It does not give everyone a right to expunge a federal case.

Source: FBI FAQs, “Challenge Questions,” especially questions 3, 4, and 6.

Can you expunge a federal offense?

Federal law does not provide a general expungement remedy comparable to Illinois law. A request for an FBI summary does not erase a federal conviction, and an Illinois expungement petition cannot clear a federal court case.

In United States v. Wahi, 850 F.3d 296 (7th Cir. 2017), the court held that a federal district court lacks ancillary jurisdiction to expunge a criminal case’s judicial records solely on equitable grounds. In plain language, the court cannot reopen a closed criminal case and erase its records simply because keeping them causes hardship. Wahi’s indictment had been dismissed, but his employment-related concerns did not supply the missing jurisdiction. The Seventh Circuit overruled its contrary precedents to that extent.

Read the decision: United States v. Wahi, official Seventh Circuit opinion (PDF).

It would still be too broad to say that federal expungement is never available. One narrow exception appears in 18 U.S.C. §3607(c): a person who was under 21 at the time of a qualifying simple-possession offense and received a disposition under §3607(a) may apply for the statutory expungement order. Section 3607(a) has additional requirements, including restrictions concerning prior controlled-substance convictions and prior use of that disposition. This is not a general remedy for federal drug convictions, and §3607(b) preserves a limited nonpublic record.

Read the statute: 18 U.S.C. §3607(a), (b), and (c), official U.S. Code.

Download the documents used in this guide

• Anonymous background-report case study (PDF): the reported offenses, possible relief, and records still needed.
• Chicago Police RAP-sheet handout (February 2012, PDF): background on the request process; confirm current procedures.
• Illinois expungement and sealing instructions (July 2021, PDF): an older organizational guide; use the current court forms and law when filing.

Read the official sources

The links below lead to enacted laws, court materials, and government guidance. In a public act, underlining identifies additions and strikethrough identifies deletions. Use the section numbers provided above to find the relevant provision; plain-text copies can lose that formatting.

• Public Act 99-0881: 2017 expungement reform (PDF)
• Public Act 100-0284: 2017 felony sealing expansion
• Illinois Clean Slate Act: Public Act 104-0459
• Public Act 104-0463: 2026 cannabis amendments
• Illinois Courts: approved expungement and sealing forms
• Wisconsin Court of Appeals: State v. Meinhardt
• Wisconsin DOJ: correcting criminal history information
• U.S. Department of Justice: Matter of Roldan (PDF)

Legal review date: September 22, 2026. This guide addresses adult records and minors prosecuted as adults; juvenile records have separate rules. It provides general information and a conditional hypothetical, not a promise of eligibility or a substitute for review of the actual court record.