Posted on Friday, January 30th, 2026 at 6:59 pm
A criminal record can follow you for years, affecting your job prospects, housing applications, and personal relationships. If you have an arrest or conviction in Illinois, you may have options to clear your record through expungement or sealing a criminal record. But these two processes work differently, and understanding the distinction matters for your future. Bruno Law Offices has helped hundreds of clients navigate these options in Champaign County and throughout Central Illinois.
Understanding Expungement in Illinois
Expungement means permanent erasure. When a court grants your expungement petition, law enforcement agencies physically destroy the records and remove your name from official indexes. It’s as if the arrest or conviction never happened in the eyes of the law.
After expungement, you can legally say you were never arrested or convicted for that offense. You regain the status you held before the arrest. This restoration is powerful—it opens doors that a criminal record would otherwise close.
However, expungement isn’t available for every case. Illinois law limits who can expunge their records. Our criminal defense attorneys can evaluate your specific situation during a free consultation.
Who Can Expunge Their Record?
You can expunge an arrest that didn’t result in a conviction. This includes cases that were dismissed, acquittals, or arrests where charges were never filed. The timeline is immediate—you can petition right away.
In Illinois, standard convictions (sentences resulting in jail time, conditional discharge, or regular probation) generally cannot be expunged; they can only be sealed. Expungement is typically reserved for cases that did not result in a conviction, such as dismissals, acquittals, or sentences of ‘Court Supervision’ or ‘Qualified Probation’ (after a waiting period). Serious crimes like DUI, sexual offenses, and traffic violations cannot be expunged, even after conviction.
Waiting periods vary depending on your case. If you were acquitted or your case was dismissed, you can petition immediately. For eligible convictions, you typically must wait 3 to 5 years after completing your sentence. Our Champaign criminal lawyers can explain your timeline.
Understanding Record Sealing in Illinois
Sealing is different from expungement. When your record is sealed, it still exists—but the public cannot access it. Only law enforcement, courts, and certain government agencies can view a sealed record. To most employers, landlords, and lenders, it’s as if the record doesn’t exist.
Sealing is broader than expungement. You can seal most felony and misdemeanor convictions in Illinois, even serious ones. The main exceptions are sexual offenses and crimes of violence in certain circumstances. If you’re in Bloomington or surrounding areas, our team can review your eligibility.
Eligibility for Sealing
Sealing eligibility depends on your offense type and how much time has passed since your conviction. For many misdemeanors, you can petition to seal immediately after conviction. For most eligible felony and misdemeanor convictions, the statutory waiting period to file for sealing is now 3 years after the completion of your last sentence. Note: This waiting period can sometimes be waived if you earned a high school diploma, degree, or career certificate during your sentence or probation.
The key advantage of sealing is accessibility. If you don’t qualify for expungement, sealing may still be available. This gives you a path to privacy even when permanent erasure isn’t an option. Our criminal defense team can help you understand which option applies to your case.
Key Differences Between Expungement and Sealing
The core difference is permanence. Expungement erases your record entirely. Sealing restricts access but keeps the record on file.
This distinction matters in practical ways. After expungement, you can answer “no” when asked if you’ve been arrested or convicted. After sealing, the record still exists—you just don’t have to disclose it to most employers and landlords. However, law enforcement and courts can still see it.
Eligibility also differs significantly. Expungement is limited to arrests without conviction and certain low-level offenses. Sealing covers a much wider range of convictions, including serious felonies.
The timeline and cost vary, too. Expungement can take 3 to 6 months and may cost more because it’s more complex. Sealing typically follows a similar timeline but may be less expensive in some cases. During your free consultation, we’ll discuss the costs and timeline for your specific situation.
Why Choose Bruno Law Offices for Your Expungement or Sealing Petition
Bruno Law Offices has defended thousands of serious criminal cases over 35 years in business. Our attorneys understand Illinois expungement and sealing law inside and out. We’ve helped hundreds of clients clear their records and move forward with their lives.
When you work with us, you get a free initial consultation where we evaluate your specific situation. We explain your options honestly and help you understand which path—expungement or sealing—makes sense for your case. We handle the paperwork, file your petition with the court, and represent you throughout the process.
Our experience increases your chances of success. We know how prosecutors think, what judges consider, and how to address objections. Our team includes experienced criminal defense lawyers who have successfully handled hundreds of expungement and sealing cases. Call (217) 328-6000 today for your free consultation.
The Expungement and Sealing Process in Illinois
The process starts with gathering your criminal records. You’ll need your RAP sheet (Record of Arrests and Prosecutions) from the Illinois State Police and court documents from your case.
Next, we prepare your petition. This document explains why you qualify for expungement or sealing and asks the court to grant your request. We file it with the court in the county where your case was handled. Whether you’re in Champaign County, Coles County, or another Illinois county, we have the experience to navigate the local court system.
The prosecutor has time to respond. They may object, or they may not. If they object, we prepare arguments addressing their concerns. Many objections focus on public safety or the seriousness of the offense.
The court then decides. This typically takes 3 to 6 months from filing to decision. Some cases move faster, others slower, depending on the court’s schedule and case complexity.
If the judge grants your petition, the record is expunged or sealed. Law enforcement destroys the records (for expungement) or restricts access (for sealing). You’re free to move forward. Our criminal defense attorneys will guide you through every step.
Benefits of Clearing Your Criminal Record
A clear record opens opportunities. Employers can’t see your conviction when they run background checks. You can answer “no” to questions about criminal history on job applications—honestly, if your record was expunged.
Housing becomes easier. Landlords won’t discover your conviction during tenant screening. You can rent an apartment or house without that barrier. This is especially important in competitive rental markets like Champaign and Bloomington.
Financial institutions treat you differently, too. Banks and lenders consider you a lower risk when your record is clean. You have better chances of getting loans, credit cards, and favorable interest rates.
Professional licensing boards often require a clean record. If you want to work in healthcare, education, or other regulated fields, clearing your record may be necessary. Our criminal defense team understands the licensing requirements across various professions.
Beyond practical benefits, there’s peace of mind. You can move forward without the weight of a criminal record hanging over you.
Frequently Asked Questions
Can I expunge a DUI conviction in Illinois?
No. Under Illinois law (20 ILCS 2630/5.2), DUI convictions cannot be expunged or sealed. They remain on your public record permanently unless you obtain a specialized pardon from the Governor. However, if your DUI case resulted in Court Supervision (rather than a conviction) and you successfully completed it, that specific disposition may be eligible for sealing. Learn more about DUI defense options in our practice areas.
How long does the expungement process take?
Most cases take 3 to 6 months from filing to decision. Some move faster if the prosecutor doesn’t object. Others take longer if the court is backed up or if complications arise. We keep you updated throughout the process. Contact our Champaign criminal lawyers for a timeline specific to your case.
Will I have to appear in court for my expungement petition?
Not always. Many expungement and sealing petitions are decided on the paperwork alone. However, some judges require a hearing. If your case requires a court appearance, we’ll prepare you thoroughly and represent you in front of the judge. Our experienced attorneys have extensive courtroom experience.
What happens if the prosecutor objects to my petition?
We prepare a response addressing their objection. Common objections relate to public safety or the seriousness of the offense. We argue why expungement or sealing is still appropriate. If the judge agrees with us, your petition is granted. If not, you may have limited options, though some cases can be refiled after additional time passes.
Can I lie about my expunged record on job applications?
Yes, legally you can answer “no” to questions about arrests or convictions if your record was expunged. The record no longer exists in the eyes of the law. However, certain employers—like law enforcement and some government agencies—can still see expunged records. For most private employers, an expunged record is truly private.
How much does expungement cost in Illinois?
Court filing fees are typically $200 to $500, depending on the county. Attorney fees vary based on case complexity. We discuss costs upfront during your free consultation so you know exactly what to expect.
What’s the difference between a RAP sheet and my actual criminal record?
Your RAP sheet (Record of Arrests and Prosecutions) is a summary of your arrests and convictions maintained by the Illinois State Police. Your actual criminal record includes court documents, sentencing information, and other details. Both are important for your expungement or sealing petition. We help you obtain both and explain what they mean for your case.
Take Action Today
Your criminal record doesn’t have to define your future. Expungement or sealing can give you a fresh start. Call (217) 328-6000 now for your free consultation with Bruno Law Offices. We’ll review your case, explain your options, and help you take the next step toward clearing your record.
Don’t wait. Contact us today.