Expungement & Record Clearing in Peoria, Illinois

A criminal record can follow you long after a case is resolved — affecting employment, housing, professional licensing, and more. Illinois law provides two main tools for addressing a past record: expungement and sealing. Understanding which applies to your situation, and whether you are eligible, is the first step.

Expungement vs. Sealing — What Is the Difference?

These two remedies are often confused but work differently. Expungement physically destroys the record — it is removed from court files, law enforcement databases, and the Illinois State Police repository. Sealing hides the record from public view but does not destroy it. Law enforcement and certain licensing agencies can still see a sealed record.

Expungement is the more complete remedy but is available for a narrower set of circumstances. Sealing is available for a broader range of convictions but provides less complete relief.

Who Is Eligible for Expungement in Illinois?

Expungement eligibility depends on the outcome of your case and the nature of the charge. The following situations are generally eligible:

• Arrests with no charges filed — eligible immediately after the case closes
• Charges dismissed — eligible immediately after dismissal
• Not guilty verdict — eligible immediately after acquittal
• Supervision successfully completed — eligible 2 years after completion (5 years for certain offenses)
• Qualified misdemeanor convictions — eligible 5 years after sentence completion
• Some Class 4 felony convictions — eligible 3 years after sentence completion under amendments passed since 2019

Convictions that cannot be expunged include DUI, domestic battery, orders of protection violations, sex offenses, and most felonies above Class 4.

Who Is Eligible for Sealing in Illinois?

Sealing is available for a broader range of convictions than expungement. Under the Illinois Clean Slate expansion that took effect in 2023, automatic sealing was introduced for many eligible offenses after a waiting period — though petitioned sealing remains the standard process for most people.

Waiting Periods at a Glance

• Arrest, no conviction: Eligible immediately
• Supervision completed: 2 years after completion
• Most misdemeanor convictions: 3 years after sentence completion
• Class 3 and Class 4 felony convictions (eligible): 3 years after sentence completion
• Cannabis-related convictions (certain): May be eligible under Cannabis Regulation and Tax Act provisions

The Filing Process in Peoria County

Expungement and sealing petitions in Peoria County are filed with the Peoria County Circuit Clerk's office at 324 Main Street in downtown Peoria. Here is the general process:

Step 1: Obtain Your Criminal History

Before filing, get a copy of your Illinois criminal history from the Illinois State Police. This confirms exactly what is on your record and which cases may be eligible. You can request this through the ISP website or in person.

Step 2: Prepare the Petition

The Illinois Supreme Court provides standardized forms for expungement and sealing petitions. The petition must list each case you want expunged or sealed, including case numbers, arresting agencies, and dispositions.

Step 3: File with the Circuit Clerk

File your petition at the Peoria County Circuit Clerk, 324 Main Street, Peoria. There is a filing fee, though fee waivers are available for those who qualify based on income. The clerk will assign a hearing date.

Step 4: Serve Required Parties

You must serve copies of your petition on the Peoria County State's Attorney's Office and the Illinois State Police. Both have the right to object to your petition within 60 days of service.

Step 5: Attend the Hearing

At the hearing, the judge will review your petition, consider any objections from the State's Attorney, and decide whether to grant the order. Most uncontested petitions are granted at the hearing. If the State's Attorney objects, you may need to present argument.

Step 6: Order Issued and Records Updated

Once the judge signs the order, certified copies are sent to the Illinois State Police, the arresting agency, and the Circuit Clerk. Government databases are typically updated within 60 days of the order.

Cannabis Conviction Expungement

Under the Cannabis Regulation and Tax Act (410 ILCS 705), certain cannabis-related convictions became eligible for automatic expungement or governor's pardon beginning in 2020. Convictions for possession of 30 grams or less were to be automatically expunged by the Illinois State Police. Larger amounts required a petition for a governor's pardon. If you had a cannabis possession conviction and are unsure whether it was expunged, you can check your Illinois State Police criminal history record.

Expungement and Professional Licensing

Many people seek expungement specifically to improve their chances with professional licensing — nursing, teaching, cosmetology, real estate, and others. Illinois licensing boards vary in how they treat expunged and sealed records. Some boards are prohibited from considering expunged records. Others may still inquire about sealed records. If professional licensing is your primary goal, review the specific rules for your licensing board before assuming expungement solves the problem entirely.