Expungements

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Adult Record Expungement & Sealing

The following forms have been approved for use by the Supreme Court Commission on Access and Justice and are required to be accepted in all Illinois courts. The forms are ADA accessible, and you can handwrite or type into the PDF form.

IMPORTANT: You will need Adobe Acrobat or free Adobe Reader XI or higher in order to save completed forms. Additionally, the forms work best if you access them using Microsoft Edge (recommended) or Internet Explorer as your web browser.

If you use Chrome, Firefox, or Safar, do NOT fill out these forms directly within your browser. You must first SAVE or DOWNLOAD each form as a PDF to your computer before you start to fill it out. If you fill out a form on these browsers, you will not be able to save your progress. 

E-filing: If you are e-filing any of these forms, you will need to "flatten" the form so it cannot be changed after you complete it. You flatten the form in one of two ways:

  1. If you completed the form in Microsoft Edge or Internet Explorer as your web browser, select the "Print" button on the form and when the "Print" menu pops up, choose "Save as PDF." Save the form to your computer and use this "flattened" form to e-file.
  2. If you downloaded the form as a PDF and used Adobe to complete it, go to the "File" menu at the top, select "print," and choose "Adobe PDF" from the printer dropdown menu. You will be told to save the form. Use this "flattened" form to e-file.

Before you e-file any form you have "flattened," open the form to make sure it is not blank and looks the way you want it to look.

Forms


Cannabis Record Automatic Expungement

As of January 1, 2020, possessing cannabis, or weed, is legal in Illinois, up to certain amounts. Part of the same law that legalized weed also created ways to clear criminal records for weed. This is called expungement.

Arrests for "minor cannabis offenses"

You qualify for automatic expungement of police records if you have an arrest as an adult for a "minor cannabis offense," which is:

  • For possession or dealing,
  • 30 grams or less,
  • Before June 25, 2019.

It must be at least one year since the arrest. There must not have been any charges filed in court. Or, the charges must have been dismissed or vacated, or you were acquitted.

Also, you must not have:

  • Given cannabis to someone under 18 who was at least three years younger than you, or
  • Been arrested for a violent crime in the same case as the weed charges.

If all of this is true, the police will automatically remove your law enforcement record based on when you were arrested:

  • Arrested 1/1/203 or later: Record expunged by 1/1/2021.
  • Arrested between 1/1/2000 and 12/31/2012: Record expunged by 1/1/2023.
  • Arrested before 1/1/2000: Record expunged by 1/1/2025.

Note: This automatic expungement process for arrests does not expunge court records. You will still need to file a Motion to Vacate and Expunge your record to have this happen. You may also file earlier than these time frames, if you do not want to wait for the automatic process to occur, but you still must wait until one year after the arrest before you file.

Convictions for "minor cannabis offenses"

If you were convicted of a "minor cannabis offense" (see above), your record may still be expunged automatically. But it is a longer process.

The record will go to the Prisoner Review Board (PRB). The PRB can then recommend that the Governor grant a "pardon authorizing expungement." If the Governor does this, the Attorney General will file a petition in the county where you were convicted to have the record expunged. If granted, the Circuit Clerk must then notify you and give you a copy of the order expunging your record. You must tell the circuit clerk if your address has changed since your case happened.

Possessing or dealing convictions

If your conviction was for possession of 500 grams or less, or dealing of less than 30 grams, you may still qualify to have your record expunged.

Forms

The following forms have been approved for use by the Supreme Court Commission on Access and Justice and are required to be accepted in all Illinois courts. The forms are ADA accessible, and you can handwrite or type into the PDF form.

IMPORTANT: You will need Adobe Acrobat or free Adobe Reader XI or higher in order to save completed forms. Additionally, the forms work best if you access them using Microsoft Edge (recommended) or Internet Explorer as your web browser.

If you use Chrome, Firefox, or Safar, do NOT fill out these forms directly within your browser. You must first SAVE or DOWNLOAD each form as a PDF to your computer before you start to fill it out. If you fill out a form on these browsers, you will not be able to save your progress. 

E-filing: If you are e-filing any of these forms, you will need to "flatten" the form so it cannot be changed after you complete it. You flatten the form in one of two ways:

  1. If you completed the form in Microsoft Edge or Internet Explorer as your web browser, select the "Print" button on the form and when the "Print" menu pops up, choose "Save as PDF." Save the form to your computer and use this "flattened" form to e-file.
  2. If you downloaded the form as a PDF and used Adobe to complete it, go to the "File" menu at the top, select "print," and choose "Adobe PDF" from the printer dropdown menu. You will be told to save the form. Use this "flattened" form to e-file.

Before you e-file any form you have "flattened," open the form to make sure it is not blank and looks the way you want it to look.


Juvenile Law Enforcement Record Automatic Expungement

The expungement of juvenile law enforcement records in Illinois is governed by Part 9 of Article V of the Juvenile Court Act of 1987 (705 ILCS 405 /5-915). Only records maintained by the Channahon Police Department are covered by this notice.

When you are investigated, arrested, or charged with an offense, a law enforcement record is created, even if you are released without charges. 705 ILCS 405/ 5-915(0.1) requires Illinois law enforcement agencies to expunge juvenile law enforcement records related to events occurring before an individual's 18th birthday if:

  1. One year or more has elapsed since the date of the arrest or law enforcement interaction documented in the records;
  2. No petition for delinquency or criminal charges were filed with the clerk of the circuit court related to the arrest or law enforcement interaction documented in the records; and
  3. Six months have elapsed since the date of the arrest without an additional subsequent arrest or filing of a petition for delinquency or criminal charges whether related or not to the arrest or law enforcement interaction documented in the records.

Pursuant to 705 ILCS 405 /5-915(0.15), prior to January 1, 2020, the Channahon Police Department will expunge all qualifying juvenile law enforcement records maintained by our agency which were created prior to January 1, 2018, but on or after January 1, 2013. Please be advised this does not apply to violations of traffic, boating, fish and game laws, county or municipal ordinances, or records that relate to an offense that if committed by an adult would be an offense classified as Class 2 felony or higher, an offense under Article 11 of the Criminal Code of 1961 or Criminal Code of 2012, or an offense under sections 12-13, 12-14, 12-14.1, 12-15, or 12-16 of the Criminal Code of 1961.

This document serves as notice of expungement for events occurring between January 1, 2013 and December 31, 2015. Notice of expungement for events occurring between January 1, 2016 and December 31, 2016 will be mailed to the juvenile's last known address.

Once a record has been expunged, the event is treated as if it never occurred. If an inquiry regarding an expunged record is made, law enforcement and government offices and agencies must respond that no record or file exists regarding the expunged matter.

Forms

The following forms have been approved for use by the Supreme Court Commission on Access to Justice and are required to be accepted in all Illinois courts. The forms are ADA accessible, and you can handwrite or type into the PDF form.

ALERT - The court forms have not yet been updated with this important information: Juveniles adjudicated for sex offenses may now expunge those records, so long as they have successfully petitioned off the Juvenile Sex Offender Registry. See 705 ILCS 405/5-915(2) (link). If you are currently required to register on the Juvenile Sex Offender Registry, the case cannot be expunged yet. If you have successfully petitioned for removal from the Registry under 730 ILCS 150/3-5 (link), then the offense may be expunged, and you may use these forms.

IMPORTANT: You will need Adobe Acrobat or free Adobe Reader XI or higher in order to save completed forms. Additionally, the forms work best if you access them using Microsoft Edge (recommended) or Internet Explorer as your web browser.

If you use Chrome, Firefox, or Safar, do NOT fill out these forms directly within your browser. You must first SAVE or DOWNLOAD each form as a PDF to your computer before you start to fill it out. If you fill out a form on these browsers, you will not be able to save your progress. 

E-filing: If you are e-filing any of these forms, you will need to "flatten" the form so it cannot be changed after you complete it. You flatten the form in one of two ways:

  1. If you completed the form in Microsoft Edge or Internet Explorer as your web browser, select the "Print" button on the form and when the "Print" menu pops up, choose "Save as PDF." Save the form to your computer and use this "flattened" form to e-file.
  2. If you downloaded the form as a PDF and used Adobe to complete it, go to the "File" menu at the top, select "print," and choose "Adobe PDF" from the printer dropdown menu. You will be told to save the form. Use this "flattened" form to e-file.

Before you e-file any form you have "flattened," open the form to make sure it is not blank and looks the way you want it to look.