How Can I Get My Record Expunged for Free in Illinois?

You can get your record expunged in Illinois for free by filing the state’s standardized petition yourself and asking the court to waive the filing fee. Illinois provides the forms at no cost, and if your income is at or below 125% of the federal poverty level (or you receive means-tested benefits like SNAP, TANF, or Medicaid), the court must waive filing fees entirely.1Illinois General Assembly. Illinois Compiled Statutes 735 ILCS 5/5-105 – Waiver of Court Fees No attorney is required, and free clinics exist if you get stuck.

First, Check Whether Your Record Qualifies

Expungement in Illinois is built around one rule: arrests that did not end in a conviction can be cleared. Illinois defines “conviction” narrowly, so successfully completed court supervision and qualified probation do not count as convictions for expungement purposes.2Illinois General Assembly. Illinois Code 20 ILCS 2630/5.2 – Criminal Identification Act

How long you have to wait before filing depends on how the case ended:

Some records cannot be expunged at all: any misdemeanor or felony conviction (unless reversed, vacated, or pardoned); DUI supervision; supervision for a sexual offense against someone under 18; reckless driving supervision if you were 25 or older; unsuccessfully completed supervision or probation; and most minor traffic offenses.

If a conviction is what you’re trying to clear, expungement is not the tool. Sealing hides most misdemeanor and many felony convictions from the public and uses the same filing steps and fee waiver, though sex offenses, violent crimes, domestic violence, gun offenses, and DUI convictions cannot be sealed. The rest of this guide describes expungement, but the free-filing mechanics work the same for a sealing petition.

Get Your Criminal History Report

Your rap sheet is the foundation of the petition. You get it through an “Access and Review” from the Illinois State Police: visit a Live Scan fingerprinting vendor, request the Access and Review, and get fingerprinted. The State Police does not charge to process the request, though the vendor may charge its own processing fee.4Illinois State Police. What’s on My Record Results come to you by mail.5Illinois State Police. Bureau of Identification

If any entry is wrong, the last page of the Access and Review packet includes a Record Challenge form. Fix errors before filing, because bad information on the petition is one of the fastest ways to get it denied or delayed.

Use the Free Statewide Forms

Illinois has standardized expungement and sealing forms that every courthouse in the state must accept. They were developed by the Office of the State Appellate Defender with the Supreme Court Commission on Access to Justice,6Office of the State Appellate Defender. Adult Expungement and Sealing Information and Forms and they are free to download from the Illinois Courts website.7Office of the Illinois Courts. Approved Statewide Forms – Expungement and Sealing

At a minimum you need the Petition to Expunge and the Notice of Filing. For each charge you want cleared, copy the following from your rap sheet: case number, date of arrest, arresting agency, the specific charges, and the final outcome. Transposed case numbers and misidentified arresting agencies are the most common mistakes. Check every entry twice.

Ask the Court to Waive the Filing Fee

Filing an expungement petition costs money in every county, typically over $100. Illinois law lets you avoid that cost with a court fee waiver on a sliding scale.

Full Waiver

If your household income is at or below 125% of the federal poverty level, the court must waive all filing fees. For 2026, that threshold is roughly $19,950 for a single person or $41,250 for a family of four.8HealthCare.gov. Federal Poverty Level (FPL) You also get a full waiver automatically if you receive means-tested public benefits such as SNAP, TANF, or Medicaid.1Illinois General Assembly. Illinois Compiled Statutes 735 ILCS 5/5-105 – Waiver of Court Fees

Partial Waiver

If your income is above 125% but not by much, you still pay less:

To request either level, fill out the Application for Waiver of Court Fees from the Illinois Courts website and submit it with your petition. The form asks for income, assets, monthly expenses, and any public benefits. A judge reviews it and may call you in for a short hearing about your finances. File it at the same time as the petition so you’re not asked to pay upfront.

File the Petition and Send Notice

File your petition, the notice form, and your fee waiver application with the Circuit Clerk in the county where the arrest happened. Arrests in more than one county mean a separate petition in each county.3Illinois General Assembly. Illinois Compiled Statutes 20 ILCS 2630/5.2 – Expungement, Sealing, and Immediate Sealing Bring extra copies. The clerk will stamp them and keep the originals.

Notice has to reach the State’s Attorney, the Illinois State Police, and the arresting police department. In many counties the Circuit Clerk mails the notices for you after filing; in others you handle service yourself. Ask the clerk which applies before you leave the counter.

What Happens After You File

Each notified agency has 60 days from service to object to your petition.3Illinois General Assembly. Illinois Compiled Statutes 20 ILCS 2630/5.2 – Expungement, Sealing, and Immediate Sealing If nobody objects, the judge can grant the petition without a hearing. That’s the usual outcome for a clean, clearly eligible case.

If the State’s Attorney or another agency objects, the court sets a hearing and you get to explain why the petition should be granted. Objections most often argue that the waiting period isn’t met or that the record doesn’t qualify. Bring your rap sheet and know your eligibility rule.

Once the judge signs the order, the court sends copies to the Illinois State Police, the arresting agency, and the other parties.3Illinois General Assembly. Illinois Compiled Statutes 20 ILCS 2630/5.2 – Expungement, Sealing, and Immediate Sealing Give it 60 days or more for every agency to clear its databases before you worry about a background check that still shows the old record.

Minor Cannabis Records May Be Cleared Automatically

If your record is a minor cannabis arrest, you may not need to file anything. Under the Cannabis Regulation and Tax Act, Illinois set up automatic expungement for arrests involving 30 grams or less of cannabis that occurred before June 25, 2019, as long as no charges were filed or the charges were dismissed, vacated, or resulted in an acquittal.9Office of the State Appellate Defender. Cannabis Expungement Information and Forms The rollout was phased by arrest date, and all eligible arrests should have been expunged by January 1, 2025.

Two limits to know. The automatic process clears law enforcement records only; if your case went to court, you still need to file a motion to vacate and expunge the court record. And for minor cannabis convictions, the path runs through the Prisoner Review Board, which can recommend a pardon authorizing expungement; if the governor grants it, the Attorney General files the petition for you.9Office of the State Appellate Defender. Cannabis Expungement Information and Forms

Where to Get Free Help

Filing on your own is realistic, but you don’t have to. The Office of the State Appellate Defender publishes expungement forms and instructions written for people without lawyers.6Office of the State Appellate Defender. Adult Expungement and Sealing Information and Forms Many courthouses run self-help centers where volunteers walk you through the paperwork.

Legal aid organizations across Illinois, especially in Cook County and other large metro areas, hold regular expungement clinics. Volunteer attorneys review your rap sheet, confirm eligibility, and help you fill out the forms on the spot. Ask your local legal aid office or courthouse about upcoming dates. If you have arrests in multiple counties, or a mix of eligible and ineligible records, a clinic attorney can keep you from filing something that gets denied.

One Thing to Watch After the Order Is Entered

Even after a court grants expungement, private background check companies may keep reporting the old record because they buy criminal data in bulk and don’t automatically refresh when a court order is entered. Keep a certified copy of your expungement order. If an expunged record shows up on a background check, send the company a written dispute with a copy of the order attached. Under the Fair Credit Reporting Act, the company must investigate and correct or remove inaccurate entries, usually within 30 days. You may need to repeat the process with more than one company.