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| Illinois | Illinois | Illinois | Illinois | Illinois | Illinois | Illinois | Illinois | Illinois | Illinois | Illinois | Illinois | Indiana | Indiana | Indiana | Indiana | Indiana | Indiana | Indiana | Indiana | |
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| Clearance policy overview | Records of arrests or charges not resulting in an order of supervision for charges specified in 20 ILCS 2630/5.2(b)(2)(B)(i) can be expunged by the court five years after the satisfactory termination of the supervision. 20 ILCS 2630/5.2(b)(1), (b)(1.5), (b)(2)(B)(i). | Records of arrests or charges not resulting in an order of supervisions for charges specified in 20 ILCS 2630/5.2(b)(2)(B)(i-5) incurred before the age of 25 can be expunged by the court once the petitioner reaches 25. 20 ILCS 2630/5.2(b)(1), (b)(1.5), (b)(2)(B)(i-5). | Records of arrests or charges not resulting in an order of qualified probation can be expunged by the court five years after satisfactory termination of the probation. 20 ILCS 2630/5.2(b)(1), (b)(1.5), (b)(2)(C). | Records of arrests or charges not resulting in orders of supervision, including orders of supervision for municipal violations, can be sealed by the court two years after the petitioner's last sentence, unless section (c)(3)(E) applies. 20 ILCS 2630/5.2(c)(2)(C), (c)(3)(B), (c)(3)(E). | Records of arrests or charges not resulting in orders of first-offender probation can be sealed by the court three years after the petitioner's last sentence, unless section (c)(3)(E) applies. 20 ILCS 2630/5.2(c)(2)(E), (c)(3)(C), (c)(3)(E). | Records of a conviction upon a successful fulfillment of the terms and conditions of a drug abuse treatment program, can be vacated and dismissed if the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment. 20 ILCS 301/40-10(e). | Records of a conviction upon a successful fulfillment of the terms and conditions of a mental health treatment program, can be vacated and expunged. 20 ILCS 301/40-10(a),(c). | Records of a conviction upon a successful fulfillment of the terms and conditions of a drug treatment program, can be vacated and expunged. 730 ILCS 166/35(c). | All official records can be corrected by removing the identity theft victim's name and sealing the records of the circuit court clerk. 20 ILCS 2630/5.2(b)(4). | 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. |
| Ineligible Category or Citation | See ineligible offenses in 20 ILCS 2630/5.2(a)(3). | See ineligible offenses in 20 ILCS 2630/5.2(a)(3). | No statutory language regarding ineligible offenses. | See ineligible offenses in 20 ILCS 2630/5.2(a)(3). | No statutory language regarding ineligible offenses. | A person is ineligible if he or she has previously been convicted of any felony offense and has previously been granted a vacation of judgment under this Section. 20 ILCS 301/40-10(e). | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | There is no statutory language regarding ineligible offenses. | 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). |
| Clearance Process | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Automatic | Petition-based | Automatic | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based | Petition-based |
| Waiting Periods | The petition can be filed five years after the satisfactory termination of the supervision. | The petition can be filed once the petition reaches the age of 25. | The petition can be filed five years after satisfactory termination of the probation. | The petition can be filed two years after the petitioner's last sentence. If the petitioner has earned a specified educational achievement during the period of their sentence, the record can be sealed immediately upon completion of the sentence. 20 ILCS 2630/5.2(c)(2)(C), (c)(3)(B), (c)(3)(E). | The petition can be filed three years after the petitioner's last sentence. If the petitioner has earned a specified educational achievement during their sentence, the record can be sealed immediately upon completion of the sentence. 20 ILCS 2630/5.2(c)(2)(E), (c)(3)(C), (c)(3)(E). | There is no waiting period. | There is no waiting period. | There is no waiting period. | The petition can be filed at any time. | 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). |
| Fees | There is a fee, unless the petitioner qualifies for a fee waiver. 20 ILCS 2630/5.2(d)(1), (1.5), (10). | There is a fee, unless the petitioner qualifies for a fee waiver. 20 ILCS 2630/5.2(d)(1), (1.5), (10). | There is a fee, unless the petitioner qualifies for a fee waiver. 20 ILCS 2630/5.2(d)(1), (1.5), (10). | There is a fee, unless the petitioner qualifies for a fee waiver. 20 ILCS 2630/5.2(d)(1), (1.5), (10). | There is a fee, unless the petitioner qualifies for a fee waiver. 20 ILCS 2630/5.2(d)(1), (1.5), (10). | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding fees. | There is no statutory language regarding 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). |
| Effect | Arrest records are destroyed or returned to the person, and the court records are impounded. Law enforcement agencies and the court will reply to inquiries as if no record ever existed. 20 ILCS 2630/5.2(d)(9). | Arrest records are destroyed or returned to the person, and the court records are impounded. Law enforcement agencies and the court will reply to inquiries as if no record ever existed. 20 ILCS 2630/5.2(d)(9). | Arrest records are destroyed or returned to the person, and the court records are impounded. Law enforcement agencies and the court will reply to inquiries as if no record ever existed. 20 ILCS 2630/5.2(d)(9). | The records are made unavailable without a court order, and the petitioner's name is obliterated from the official index. 20 ILCS 2630/5.2(a)(1)(K). In response to any inquiry from anyone not authorized to access records, an agency is to reply as if no record ever existed. 20 ILCS 2630/5.2(d)(9)(C). | The records are made unavailable without a court order, and the petitioner's name is obliterated from the official index. 20 ILCS 2630/5.2(a)(1)(K). In response to any inquiry from anyone not authorized to access records, an agency is to reply as if no record ever existed. 20 ILCS 2630/5.2(d)(9)(C). | The conviction is vacated and the court can take such additional action as is appropriate. 20 ILCS 301/40-10(e). | The conviction is vacated and the court can take such additional action as is appropriate. 730 ILCS 168/35(c). | The conviction is vacated and the court can take such additional action as is appropriate. 730 ILCS 166/35(c). | The name of the identity theft victim is removed from all official records, and the records of the circuit court clerk are sealed. 20 ILCS 2630/5.2(b)(4). | 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). |
| Remedy | Expunge | Expunge | Expunge | Seal | Seal | Vacate and dismiss | Expunge | Vacate and expunge | Delete | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Expunge | Vacate |
