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| Illinois | Illinois | Illinois | Indiana | Indiana | Indiana | Indiana | Indiana | Indiana | Indiana | Indiana | Indiana | Indiana | Indiana | Kansas | Kansas | Kansas | Kansas | Kansas | Kansas | |
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| Clearance policy overview | Records relating to a conviction or sentence that has been set aside on direct review or collateral attack due to the person's factual innocence will be expunged by the court. 20 ILCS 2630/5.2(b)(6); 730 ILCS 5/5-5-4. | Records relating to a conviction for which the person served all or part of a sentence of incarceration, but was found factually innocent, can be expunged by the court. 20 ILCS 2630/5.2(8); 735 ILCS 5/2-702(h). | A record relating to an arrest or law enforcement interaction will be expunged automatically, so long as at least one year has elapsed since the arrest or interaction, six months have elapsed without a subsequent arrest or filing of a delinquency petition or criminal charge, and the person is not subject to a disqualifying event. 705 ILCS 405/5-915(0.1)(a). | Records relating to an arrest that did not result in a conviction can be expunged by the court one year after the date of arrest, so long as the petitioner is not participating in a pretrial diversion program. Arrests that occurred after June 30, 2022 and did not result in criminal charges are automatically expunged under Ind. Code Ann. § 35-38-9-1(c). Ind. Code Ann. § 35-38-9-1(a),(d). | A record relating to juvenile court proceedings can be expunged. Ind. Code Ann. § 31-39-8-3. | Records relating to a conviction that was vacated on appeal can be expunged by the court one year after the conviction was vacated, so long as the petitioner is not participating in a pretrial diversion program. Ind. Code Ann. § 35-38-9-1(a), (d). | All records relating to a misdemeanor conviction or a felony reduced to a misdemeanor pursuant to IC 35-38-1-1.5 or IC 35-50-2-7 can be expunged by the court five years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-2(c). | All records relating to a Class D or Level 6 felony conviction can be expunged by the court eight years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-3(c). | All records relating to a felony conviction, other than those provided for in section 35-38-9-3, can be expunged by the court eight years after the date of conviction or three years after sentence completion, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-4(a), (c). | All records relating to offenses committed while holding elective office and offenses resulting in serious bodily injury can be expunged 10 years after the date of conviction or five years after completion of the sentence, unless the prosecuting attorney consents in writing to a shorter period. Ind. Code Ann. § 35-38-9-5(a), (c). | A conviction for an offense that did not result in a bodily injury to another person can be vacated, and the related records expunged, if the offense resulted from being a victim of human trafficking. Ind. Code Ann. §§ 35-38-10-2, 35-38-9-1. | An adjudication that resulted from being a child victim of human trafficking can be vacated by the court immediately. Ind. Code Ann. § 31-37-22-11(b). | State police records relating to juvenile history data will be sealed when the person turns 22 years old. Ind. Code Ann §10-13-4-13. | Records relating to an arrest that occurred after June 30, 2022 and did not result in criminal charges will be expunged 180 days after the arrest. Ind. Code Ann. § 35-38-9-1(c). | Records of the arrest and the subsequent court proceedings, if any, can be expunged by the court following dismissal of charges. K.S.A. § 22-2410(c)(4). | Records relating to specified infractions, misdemeanor, and Class D or E felony convictions can be expunged by the court three years after discharge or sentence completion. K.S.A. § 21-6614(a)(1). | Records relating to a second or subsequent conviction of driving under the influence or refusal to submit to an alcohol or drug test can be expunged by the court 10 years after discharge or sentence completion. K.S.A. § 21-6614(d)(2). | Records relating to a first violation of driving under the influence or refusing to submit to a drug or alcohol test can be expunged by the court five years after discharge or sentence completion. K.S.A. § 21-6614(d)(1). | Records of an arrest and subsequent court proceedings can be expunged by the court if the arrest occurred without probable cause or because of mistaken identity. K.S.A. §§ 22-2410(c)(1), (2). | A record or file relating to an offense, which, if committed by an adult, would constitute a violation of Selling Sexual Relations (under section 21-6419) can be expunged. K.S.A. 38-2312. |
| Ineligible Category or Citation | No statutory language regarding ineligible offenses. | Offenses other than felonies. 735 ILCS 5/2-702(h). | The person is not eligible for expungement under this section if a delinquency petition or criminal charges were filed with the court relating to the arrest or law enforcement interaction documented in the records. 705 ILCS 405/5-915(0.1)(a). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses; however, the court will consider whether the person has been adjudicated a delinquent child for committing an act that would be a serious violent felony (as defined in IC 35-47-4-5) if committed by an adult. | There is no statutory language regarding ineligible offenses. | For prior offenses that make a person ineligible for expungement under this section, see section 35-38-9-2(c). | See section 35-38-9-3(c) for offenses ineligible for expungement. | See section 35-38-9-4(b) for offenses ineligible for expungement. | See section section 35-38-9-5(b). for offenses ineligible for expungement. | A conviction for an offense that resulted in bodily injury to another person cannot be vacated. See Ind. Code Ann. § 35-38-10-2(2). | Vacatur is not permitted if the delinquent act resulted in bodily injury to another person. Ind. Code Ann. § 31-37-22-11(b)(2). | The record will not be sealed if the person has been arrested for a reportable felony as defined in section Ind. Code § 10-13-3-18. See section Ind. Code § 10-13-4-13(a). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | Eligible offenses are listed in section 21-6614(a). See sections 21-6614(e) and (f) for offenses that are ineligible for expungement. Kan. Stat. Ann. § 21-6614. | Applies only to second or subsequent violations of offenses specified in K.S.A. § 21-6614(d)(2). | This provision applies only to first violations of offenses specified in K.S.A. § 21-6614(d)(1). | There is no statutory language regarding ineligible offenses. | Certain serious offenses are ineligible for expungement. K.S.A. 38-2312(b). Petitioner cannot be required to or registered as a sex offender. K.S.A. 38-2312(c). Petitioner cannot have any pending charges or subsequent convictions or adjudications (other than traffic). K.S.A. 38-2312(e)(1)(B). |
| Clearance Process | Automatic | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | There is no statutory language regarding a waiting period. | The petition can be filed any time after the certificate is granted. | By January 1 of each year, all police departments must expunge juvenile arrests if at least one year has elapsed, no delinquency or criminal cases have been filed related to that arrest, and six months have elapsed without an additional arrest or filing of a petition or criminal case. | The petition can be filed one year after the date of arrest. | The petition can be filed at any time. | The petition can be filed one year after the conviction is vacated. | The petition can be filed five years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. | The petition can be filed eight years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. | The petition can be filed eight years after the date of conviction, unless the prosecuting attorney consents in writing to a shorter period. | The petition can be filed 10 years after the date of conviction or five years after completion of the sentence, unless the prosecuting attorney consents in writing to a shorter period. | There is no waiting period for the motion to vacate the conviction. The expungement petition can be filed one year from the judgment vacating the conviction, unless the prosecutor agrees in writing to an earlier time. Ind. Code Ann. § 35-38-9-1(b). | The petition can be filed at any time. | The record will be sealed with the person reaches the age of 22. | There is a 1-year waiting period. | The petition can be filed at any time. | The petition can be filed three years after discharge or sentence completion. | The petition can be filed 10 years after discharge or sentence completion. | The petition can be filed five years after discharge or sentence completion. | The petition can be filed at any time. | The petition can be filed one year after the final discharge. K.S.A. 38-2312(e)(1)(A)(ii). |
| Fees | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | A person who files a petition under this section is not required to pay a filing fee. Ind. Code Ann. § 35-38-9-1(e). | There is no statutory language regarding fees. | A person who files a petition under this section is not required to pay a filing fee. Ind. Code Ann. § 35-38-9-1(e). | A person must pay the filing fee required in civil cases. The court can reduce or waive this fee if the person is indigent. Ind. Code Ann. § 35-38-9-8(d). | A person must pay the filing fee required in civil cases. The court can reduce or waive this fee if the person is indigent. Ind. Code Ann. § 35-38-9-8(d). | A person must pay the filing fee required in civil cases. The court can reduce or waive this fee if the person is indigent. Ind. Code Ann. § 35-38-9-8(d). | A person must pay the filing fee required in civil cases. The court can reduce or waive this fee if the person is indigent. Ind. Code Ann. § 35-38-9-8(d). | A person who files a petition under this section is not required to pay a filing fee. Ind. Code Ann. § 35-38-9-1(e). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | A person who files a petition under this section is not required to pay a filing fee. Ind. Code Ann. § 35-38-9-1(e). | No surcharge or fee can be imposed if charges have been dismissed. K.S.A. § 22-2410(b). | The petition must be accompanied by a $176 docket fee. K.S.A. § 21-6614(g)(2). | The petition must be accompanied by a $176 docket fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. § 21-6614(g)(2). | The petition must be accompanied by a $176 docket fee. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. § 21-6614(g)(2). | No surcharge or fee can be imposed if the petitioner was arrested as a result of being a victim of identity theft, or if the charges were dismissed because the court found that there was no probable cause for the arrest. Otherwise, a petition for expungement should be accompanied by a $176 docket fee. The supreme court may impose an additional charge, not to exceed $19 per docket fee, to fund the costs of non-judicial personnel. K.S.A. § 22-2410(b). | A petition for expungement shall be accompanied by a docket fee in the amount of $176. On and after July 1, 2019, through June 30, 2025, the supreme court may impose a charge, not to exceed $19 per case, to fund the costs of non-judicial personnel. K.S.A. 38-2312(d). |
| Effect | The arrest records will be destroyed or returned to the person. State police and circuit court clerk's records can be sealed upon good cause shown. The person's name will be obliterated from the circuit court clerk's index. 20 ILCS 2630/5.2(b)(6); 730 ILCS 5/5-5-4. | Arrest records destroyed or returned to the person. The state police and circuit court clerk's records will be sealed if good cause can be shown. The person's name will be obliterated from the circuit court clerk's index. 20 ILCS 2630/5.2(8); 735 ILCS 5/2-702(h). | The Illinois State Police and all law enforcement agencies within the State shall automatically expunge, on or before January 1 of each year, except as described in paragraph (c) of subsection (0.1), all juvenile law enforcement records relating to events of the offense. 705 ILCS 405/5-915(0.1). | No information about the arrest or criminal charge may be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(h). | Expunged records are considered destroyed. Nevertheless, they are maintained by the court on a secure database that does not enable the identification of the offender to the public or another person not having legal or statutory authority to access the records. These records can be used only for statistical analysis, research, and financial auditing purposes. Ind. Code Ann.§ 31-39-8-6. | No information about the arrest or criminal charge may be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(h). | Disclosure of the expunged records is prohibited without a court order, except under the circumstances specified in section 35-38-9-6. Ind. Code Ann.§ 35-38-9-6. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction may be considered for the purposes listed under § Ind. Code Ann. 35-38-9-10(e). | Disclosure of the expunged records is prohibited without court order, except under the circumstances specified in section 35-38-9-6. Ind. Code Ann.§ 35-38-9-6. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction may be considered for the purposes listed under § Ind. Code Ann. 35-38-9-10(e). | Court records and other agency records, including any records relating to the conviction and any records concerning a collateral action, have been marked as expunged remain public records. remain public, but are marked as "expunged." Ind. Code Ann. § 35-38-9-7. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction may be considered for the purposes listed under § Ind. Code Ann. 35-38-9-10(e). | Court records and other agency records, including any records relating to the conviction and any records concerning a collateral action, have been marked as expunged remain public records. remain public, but are marked as "expunged." Ind. Code Ann. § 35-38-9-7. However, upon a subsequent arrest or conviction for an unrelated offense, the prior expunged conviction may be considered for the purposes listed under § Ind. Code Ann. 35-38-9-10(e). | No information about the arrest or criminal charge may be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(h). | The adjudication is vacated. | The department cannot release to or allow the inspection of sealed juvenile history data by any agency or person other than the person who is the subject of the juvenile history data, unless the person who is the subject of the sealed juvenile history data challenges its existence during a court proceeding and the court orders the release or inspection of sealed juvenile history data for purposes of the proceeding. Ind. Code Ann. § 10-13-4-13(b)-(c). | No information about the arrest or criminal charge can be retained in the state central repository for criminal history information. Ind. Code Ann. § 35-38-9-1(h). | The person can state that they were not arrested in response to any application for employment, license, or other civil right or privilege, except if asked for purposes specified in section 22-2410(e). The court can determine that the record should be available for the purposes specified in section 22-2410(e), and will make the records available for purposes specified in section 22-2410(f). K.S.A. § 22-2410 (d)-(h). | The person is treated as if they were never arrested or convicted and can say so, except when asked in the circumstances specified in section 21-6614(i)(2). K.S.A. §§ 21-6614(i), (k). The records custodian will not disclose their existence, unless for the purposes specified in K.S.A. § 21-6614(l). | The person is treated as if they were never arrested or convicted and can say so, except when asked in the circumstances specified in section 21-6614(i)(2). K.S.A. §§ 21-6614(i), (k). The records custodian will not disclose their existence, unless for the purposes specified in K.S.A. § 21-6614(l). | The person is treated as if they were never arrested or convicted and can say so, except when asked in the circumstances specified in section 21-6614(i)(2). K.S.A. §§ 21-6614(i), (k). The records custodian will not disclose their existence, unless for the purposes specified in K.S.A. § 21-6614(l). | Person is treated as if they were never arrested and can say so. The records custodian will not disclose them. K.S.A. § 22-2410(d), (f), (g), (h). | The offense is treated as if it never occurred, except that it may be considered in determining the sentence in any subsequent conviction. K.S.A. 38-2312(f). The expungement order will be sent to the Kansas Bureau of Investigation, which will notify every juvenile or criminal justice agency which may possess records or files ordered to be expunged. K.S.A. 38-2312(g). For the list of the people or entities to which the custodian of records can disclose the existence of expunged records or files, see K.S.A. 38-2312(k). |
| Remedy | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Vacate | Vacate | Seal | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge |
