What Felonies Can Be Expunged in Illinois? Sealing and Waivers

In Illinois, true expungement of a felony conviction is limited to a narrow group of cases: certain low-level drug and cannabis possession offenses, a handful of Class 3 and Class 4 felonies available to honorably discharged veterans, and any felony conviction that was later reversed on appeal, vacated by the court, or pardoned by the governor.¹ Felony charges that ended without a conviction — through acquittal, dismissal, or successful completion of certain special probation programs — also qualify for expungement. Everything else that can be cleared at all is cleared through sealing, not expungement.

Why the Difference Between Expungement and Sealing Matters

Expungement destroys the record. Law enforcement agencies delete their files, courts impound theirs, and the FBI’s national database removes the entry, so the arrest and conviction stop surfacing on any background check.¹ After expungement, you can legally answer “no” when asked about prior convictions.

Sealing is narrower in effect. The record still exists, but it is walled off from public access. Standard name-based background checks used by most private employers and landlords will not show it. Police, prosecutors, and employers legally required to run fingerprint-based checks — schools, hospitals, some government agencies, and certain licensing boards — can still see it.² For felony convictions in Illinois, sealing is the far more common outcome. Expungement is the better result, but the eligibility rules are much tighter.

Felony Convictions Eligible for Expungement

Illinois law allows true expungement of felony convictions in a small set of situations.

The clearest is when the conviction itself has been undone. If a felony conviction was reversed on appeal, vacated by the court, or pardoned by the governor, you can petition to expunge it. You will need a Certificate of Eligibility for Expungement from the Prisoner Review Board before filing.³

Beyond that, the main category of felony convictions eligible for expungement involves certain low-level drug offenses. Specific Class 4 felony convictions for possession of a controlled substance or cannabis can qualify.¹ Honorably discharged veterans of the U.S. Armed Forces get broader eligibility and may expunge certain Class 3 and Class 4 felony convictions that would otherwise only be sealable.

Cannabis Convictions After Legalization

When Illinois legalized recreational cannabis in 2020 through the Cannabis Regulation and Tax Act, it created a new pathway for clearing old cannabis records. The governor issued mass pardons covering minor cannabis possession convictions involving 30 grams or less. For those pardoned convictions, the Illinois State Police was directed to automatically expunge the records without requiring individual petitions.

For cannabis possession involving between 30 and 500 grams, the law allowed individuals to petition for expungement. Many people who qualify never filed because they did not know the option existed. If you have an old cannabis conviction, it is worth checking whether you are already covered.

Charges That Ended Without a Conviction

Some felony charges can be resolved without a conviction ever being entered, which changes the picture entirely. If a charge ends in acquittal, dismissal, or a special form of probation that results in discharge without a conviction, the record is treated as a non-conviction and is generally eligible for expungement rather than sealing.¹

Illinois has a First Time Weapon Offense Program for defendants charged with certain Class 4 felony weapons offenses. With the agreement of both the defendant and the State’s Attorney, the court can defer judgment and place the defendant into the program. Successful completion results in dismissal without a conviction.⁴ First-offender drug probation under the Illinois Controlled Substances Act works the same way: finish the terms, and the court enters a discharge and dismissal instead of a conviction. Because no conviction was entered, these records follow the expungement track.

If you completed one of these programs years ago and never filed for expungement, the opportunity is likely still available. These are among the strongest petitions because there is no conviction to argue about.

Pardons for Otherwise-Ineligible Felonies

For serious felonies that do not fit any of the categories above, a governor’s pardon is the only theoretical route to expungement. The process runs through the Prisoner Review Board, which reviews clemency petitions and forwards a confidential recommendation to the governor. You submit a petition, the Board reviews it, and you can request either a public or private hearing. The Board typically sends its recommendation to the governor within 60 days of the hearing, but the governor has no deadline to respond.³

If the governor grants a pardon, you then obtain a Certificate of Eligibility for Expungement from the Prisoner Review Board and petition the circuit court to expunge the record. It is a long shot, but it has worked for people who can demonstrate sustained rehabilitation.

Felonies That Can Be Sealed Instead

If your conviction does not qualify for expungement, sealing is usually the realistic path. Under Illinois law, the default rule is that all felony convictions are eligible for sealing unless they fall into one of four specific exclusion categories.¹ That covers a wide range of non-violent felonies, including theft, retail theft, forgery, drug possession, and possession of burglary tools. Prostitution convictions under the Illinois criminal code are explicitly eligible for sealing even though most other sex-related offenses are not.

Class 3 felonies like possession with intent to deliver a controlled substance can be sealed. Even some Class 1 and Class 2 felonies are technically eligible, though judges scrutinize those petitions more closely and the State’s Attorney is more likely to object.

Eligibility alone does not guarantee sealing. A judge reviews every petition, and the State’s Attorney’s office has 60 days to object.² The court weighs your criminal history, the circumstances of the offense, and what you have done since. Stable employment, community ties, and a clean record since the conviction all strengthen a petition.

Felonies That Cannot Be Expunged or Sealed

Four categories of offenses are permanently excluded from both expungement and sealing in Illinois, no matter how much time has passed.¹

Domestic violence offenses, including domestic battery, aggravated domestic battery, violations of orders of protection, and violations of stalking no-contact orders.
DUI convictions and felony reckless driving. A narrow exception exists for misdemeanor reckless driving committed before age 25 if you have no other DUI or reckless driving convictions.
Class A misdemeanor and felony violations of the Humane Care for Animals Act.
Any offense that requires registration as a sex offender, while the registration requirement is active. Offenses involving minors are permanently excluded regardless.

That last category is more nuanced than it looks. The bar is tied to the registration requirement itself. If your registration period expires and you have completed it, the statutory exclusion may no longer apply. For lifetime registration offenses and any sexual offense against a minor, the exclusion is permanent.

For convictions in these excluded categories, a governor’s pardon is the only theoretical path forward.

Waiting Period and the Education Waiver

Even when a felony conviction qualifies for sealing, you cannot file right away. Illinois imposes a three-year waiting period that starts after you have fully completed your sentence, including any prison time, mandatory supervised release, and probation.¹ If probation on a Class 4 theft conviction ended on March 1, 2023, the earliest you could file is March 1, 2026.

The clock depends on your entire record, not just the conviction you want sealed. With multiple convictions, the three years runs from the completion of your most recent sentence across all cases.² A new arrest or conviction during the wait can reset the timeline.

There is one shortcut. If you earned a high school diploma, GED, associate’s degree, bachelor’s degree, vocational certification, or higher degree during your sentence or within two years after completing it, the three-year waiting period is waived, and you can file as soon as your sentence is discharged.¹

How to File the Petition

File your petition for expungement or sealing in the circuit court of the county where the arrest or conviction occurred. The Illinois Office of the State Appellate Defender provides standardized forms accepted in every courthouse statewide.⁵ You will need to list every arrest and conviction on your record, not just the one you want cleared.

Filing fees vary by county and can run into the hundreds of dollars. If you cannot afford the fee, you can apply for a fee waiver using a separate form filed alongside the petition. After filing, copies must be served on the State’s Attorney and on any law enforcement agencies holding records in your case. The State’s Attorney then has 60 days to review and potentially object. If no objection is filed, many courts grant the petition without a hearing. If the State’s Attorney objects, you will be scheduled for a court date.

The entire process can take several months from filing to final order. If you have multiple convictions in different counties, you may need to file separate petitions in each one.

1
Illinois General Assembly. Illinois Code 20 ILCS 2630/5.2 – Criminal Identification Act
2
Clerk of the Circuit Court of Cook County. A Guide to Expungement and Sealing
3
Illinois Prisoner Review Board. Executive Clemency and Expungement
4
Illinois General Assembly. Illinois Code 730 ILCS 5/5-6-3.6 – First Time Weapon Offense Program
5
Illinois Office of the State Appellate Defender. Adult Expungement and Sealing Information and Forms