Illinois
Restoration of Rights & Record Relief

 

   

Last updated:  April 22, 2026  

I.  Loss & restoration of civil/firearms rights

A.  Vote

The right to vote is lost upon conviction of a felony if sentenced to imprisonment; it is regained upon release.  See Ill. Const. art. III, § 2 (“A person convicted of a felony, or otherwise under sentence in a correctional institution or jail, shall lose the right to vote, which right shall be restored not later than upon completion of his sentence.”).  (Note that disenfranchisement extends to misdemeanants sentenced to incarceration in a correctional facility.)  Illinois law provides that the right to vote shall be restored upon release from confinement. 10 Ill. Comp. Stat. 5/3-5; see also 730 Ill. Comp. Stat. 5/5-5-5(c). Illinois passed laws in 2019 and 2022 to facilitate voting while incarcerated.1

B.  Office

The right to hold an office created by the state constitution (e.g., any of the five statewide offices — governor, lieutenant governor, secretary of state, treasurer, attorney general; a member of the state General Assembly; a judgeship; a chief education officer position and a member of the state board of education) is lost upon conviction, but automatically restored upon completion of sentence. 730 Ill. Comp. Stat. 5/5-5-5 (b). The bar is permanent for statewide office if convicted of a felony or “infamous crime” after November 2023, committed while serving as a public official, unless granted a pardon, restoration of rights, or rights are restored by law. Id. at (b-5), added in 2023 by HB351.  The bar is also permanent for “other elected offices,” including alderman and mayor, unless restored to this right by a pardon “or has received a restoration of rights from the Governor.” 65 Ill. Comp. Stat. 5/3.1‑10‑5(b); 10 Ill. Comp. Stat. 5/29-15.2  The disparate standards applied to municipal and legislative offices have been upheld by the Illinois courts.3

C.  Jury

Illinois law does not exclude convicted persons from jury service, nor is a prior conviction grounds for a juror challenge for cause, though jurors must be “[f]ree from all legal exception, of fair character, of approved integrity, [and] of sound judgment.” 705 Ill. Comp. Stat. § 305/2; see John F. Decker, Collateral Consequences of a Felony Conviction in Illinois, 56 Chi.-Kent L. Rev 731, 741 (1980) (stating that whether a convicted person meets character standard must be decided on a case-by-case basis).

D.  Firearms

Restrictions: A person convicted or adjudicated delinquent for a felony offense in Illinois or any other jurisdiction, or convicted of a domestic battery-related offense, may not possess a firearm unless their rights are restored. 720 Ill. Comp. Stat. 5/24-1.1(a); 430 Ill. Comp. Stat. 65/8(c), (l), (p). A person convicted of a violent misdemeanor (not including domestic battery) in which a firearm was used or possessed may not lawfully possess a firearm for a period of 5 years from the date of conviction. Id. at 65/8(k). 

Certain deferred sentences in Illinois prohibit firearm possession while serving the sentence, but upon successful completion of the terms and conditions, the proceedings are dismissed and not considered a conviction “for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.” See 720 Ill. Comp. Stat. 570/410(g). 

Restoration:  The governor may restore firearm privileges and eligibility to apply for a Firearm Owners Identification Card through his pardon power. Firearm rights may also be restored by court order or through an administrative appeal, depending on the conviction type and time since conviction or discharge. 

A person may file an administrative appeal to the Firearm Owner’s Identification Card Review Board (created on Jan. 1, 2023) at any point following conviction, unless their conviction was for an enumerated forcible felony (defined under 720 Ill. Comp. Stat. 5/2-8), stalking, domestic battery, a serious higher class controlled substance or cannabis violation, or a felony firearm offense. 430 Ill. Comp. Stat. 65/10(a). If the conviction is ineligible for administrative relief under this provision, the person must petition the circuit court of their residence seeking relief. Id. A minor adjudicated delinquent for a felony must also seek restoration from a court. Id.  

The court may grant relief if (1) the applicant has not been convicted of a “forcible felony” within the preceding 20 years or if 20 years have passed since release from imprisonment for that offense; (2) they are not “likely to act in a manner dangerous to public safety;” (3) restoration of firearm rights would not be “contrary to the public interest,” and (4) granting relief would not be contrary to federal law. 430 Ill. Comp. Stat. 65/10(c).  The Illinois Supreme Court has ruled in two cases that if a court finds that a petitioner has established the requirements of Section 10(c)(1) – (3), this is sufficient to remove the prohibition under federal law, so that granting relief is not contrary to federal law under 10(c)(4). Johnson v. Department of State Police, 2020 IL 124213, ❡ 50; Evans v. Cook County State’s Attorney, 2021 IL 125513, ❡ 33. 

E.  Juvenile adjudications

Unless expressly allowed by law, juvenile adjudications do not “operate to impose upon the individual any of the civil disabilities ordinarily imposed by or resulting from conviction. Unless expressly allowed by law, adjudications shall not prejudice or disqualify the individual in any civil service application or appointment, from holding public office, or from receiving any license granted by public authority.” 705 Ill. Comp. Stat. 405/1-8

II.  Pardon policy & practice

A.  Authority

The pardon power is vested in the Governor, although “the manner of applying therefore may be regulated by law.” Ill. Const. art. V, § 12.  By statute, the Prisoner Review Board (PRB) serves as “the board of review and recommendation for the exercise of executive clemency by the Governor.”  730 Ill. Comp. Stat. 5/3-3-1(a)(3).  The Board “shall hear and . . . decide all requests for pardon, reprieve or commutation, and make confidential recommendations to the Governor.” 730 Ill. Comp. Stat.  5/3-3-2(c).  At the same time, “[n]othing in this Section shall be construed to limit the power of the Governor under the constitution to grant a reprieve, commutation of sentence, or pardon.” 730 Ill. Comp. Stat. 5/3-3-13(e).4 

In 2021 the legislature also implicitly recognized the governor’s authority to restore rights to an individual with a federal conviction, specifically in the context of restoring eligibility for municipal office.  See 65 Ill. Comp. Stat. 5/3.1‑10‑5(b); 10 Ill. Comp. Stat. 5/29-15, and note 2, supra. 

B.  Administration

The PRB consists of 15 members appointed by the Governor to six year terms, with the advice and consent of the Senate. 730 Ill. Comp. Stat. 5/3-3-1(b), (c).  The members must have a combination of experiences, which include: 

at least 5 years of actual experience in the fields of penology, corrections work, advocacy for victims of crime and their families, advocacy for survivors of domestic violence, sexual violence, or intimate partner violence, law enforcement, sociology, law, education, social work, medicine, psychology, other behavioral sciences, or a combination thereof. At least 3 members must have at least 3 years of experience in juvenile matters. A total of 7 members must have at least 5 years’ experience as a law enforcement officer, parole officer, prosecutor, criminal defense attorney, or judge. No more than 8 Board members may be members of the same political party.

Id.   The chair is to be appointed by the Governor.  Id.  Members serve full-time and may not hold any other elective or appointive office, or engage in any other employment. Id.  The Board is charged with the duty to “hear by at least one member” and decide by at least a panel of three members all requests for pardon, and make a confidential recommendation to the Governor. 730 Ill. Comp. Stat. 5/3-3-2(a)(6).

C.  Eligibility

There are no eligibility requirements for Illinois convictions. Misdemeanants may also apply.  Persons with federal offenses and those convicted in another state are ineligible.

D.  Effect

“[A] pardon removes the penalties and disabilities (resulting from the conviction) and restores the [individual] to all his civil rights.” People v. Glisson, 358 N.E.2d 35, 38 (Ill. App. Ct. 1976), aff’d in part, rev’d in part on other grounds, 372 N.E.2d 669 (Ill. 1978).  This includes firearms rights, which have been held to be a “civil right” under state law, so long as the pardon terms do not specifically exclude “the right to ship, transport, possess, or receive firearms.” See Johnson v. State Police, 161 N.E. 3d 161 (Ill. 2021).  A pardon authorizes judicial expungement if provided in the terms of the pardon.  20 Ill. Comp. Stat. 2630/5.2(e); see People v. Thon, 319 Ill. App. 3d 855, 859-60 (2001). 

E.  Process

Written petitions must be filed with the Prisoner Review Board, containing a history of the case, the reasons for seeking executive clemency, and other information the Board may require. 730 Ill. Comp. Stat. 5/3-3-13. Guidelines for applying are available on the PRB’s website, as is a sample application form. Notice is given to the prosecutor and sentencing court. Id. at (b). 

The Board schedules a hearing upon request by an applicant, and hearings are held no less than four times per year. 730 Ill. Comp. Stat. 5/3-3-13(c). All cases are sent to the governor with a confidential recommendation.  Id.  The statute expressly provides that “[n]othing in this Section shall be construed to limit the power of the Governor under the constitution to grant a reprieve, commutation of sentence, or pardon.” Id. at (e).5  

The average size of the PRB’s Board’s quarterly clemency docket has risen from 35 petitions in 1990 to over 200 petitions in 2022. Executive Clemency and Expungement, PRB website & 2022 Annual Report, PRB. The PRB does not publish its recommendations to the governor, so the record does not reflect what percentage of its favorable recommendations the governor accepts. 

F.  Pardon of cannabis convictions

Pardon was given a role under Illinois’s 2019 cannabis legalization act, HB1438, for expungement of “minor cannabis” convictions. See 20 Ill. Comp. Stat. 2630/5.2(i).   See below for a description of the three-tiered process, whereby non-conviction records of “minor cannabis offense” were automatically expunged by the Illinois State Police and law enforcement agencies;  convictions for “minor cannabis offenses” were identified by the State police and sent to the Prisoner Review Board for processing and submission to the governor for a pardon authorizing expungement; and other eligible cannabis convictions were expungeable only upon petition to the court. Governor Pritzker pardoned 11,430 minor cannabis convictions in December 2019. See Illinois Cannabis Regulation Oversight Office website; Darryl Coote, Illinois governor grants 11,000 pardons for low-level cannabis convictions, UPI (Dec. 31, 2019).

G.  Gubernatorial restoration of rights

In Walker v. Agpawa, 2021 IL 127206 (August 26, 2021), the Supreme Court of Illinois unanimously held that the governor has authority to restore state law rights to individuals with federal and out-of-state convictions, at least in the context of qualification to stand for municipal office.  See id. para. 24 (“We hold that Governor Rauner’s untitled document restored all of Agpawa’s Illinois rights of citizenship, including the right to hold municipal office, and he was eligible to be mayor of Markham.”).  See discussion in note 2, supra. 

H.  Frequency of grants

Governor JB Pritzker issued a total of 225 pardons in his first three years in office (2019-2022), according to the most recently published Annual Reports of the Prisoner Review Board (2022). More recent PRB responses to FOIA requests (from September 2025) indicate that Governor Pritzker has granted a total of 455 clemency requests since taking office in 2019 and denied 2,456 requests, which include both pardons and commutations. His overall grant rate of 15.6% is greater than his immediate predecessor but lower than some prior governors. In August 2019, Governor Pritzker pardoned Miguel Perez, a U.S. Army veteran who immigrated to Illinois as a child and was deported to Mexico after serving 7.5 years for a non-violent offense, after Governor Rauner declined to pardon him. See Gov. Pritzker Grants Clemency to U.S. Veteran Deported to Mexico, Press Release (August 30. 2019).

As earlier noted, Pritzker also approved pardons for 11,430 cannabis possession convictions pursuant to authority passed earlier in 2019 under the Cannabis Regulation and Tax Act (405 Ill. Comp. Stat. 705). In 2020, Governor Pritzker granted more commutations of sentence than any Governor in the last twenty years (67 commutations granted, including for those in danger from the pandemic). 

When he left office after four years in January 2019, Governor Bruce Rauner had granted 110 pardons and denied more than 2500 applications, a less generous pardoning policy than his predecessor Pat Quinn, but one that left no backlog of cases for his successor J.B. Pritzker.   Two years earlier he had eliminated a backlog of pardon cases dating back to Governor Blagojevich’s tenure.  See Gregory Platt, Rauner clears clemency backlog, approves just 3 percent of petitions, Chicago Tribune (Nov. 16, 2016).  

In Governor Quinn’s nearly six years in office starting in April 2009, he granted 1,789 pardons (including two for innocence) and denied 3,133 requests, a nearly 37 % approval rate.  Stacy St. Clair, et al., In last days as governor, Quinn grants clemency to 232 petitioners, Chicago Tribune (Jan. 9, 2015).   A large number of Quinn’s grants went to people who applied for pardon in 2002-2007 when Governor Blagojevich was in office.  (Governor Blagojevich granted only 65 pardons during his six years in office, most of them during his first two years, and left more than 2,500 PRB recommendations unacted upon when he left office). 

Contact

IL Prisoner Review Board
1001 N. Walnut Street

Springfield, IL 62702

Phone: 217-782-7273
Fax: 217-524-0012
prb.clemency@illinois.gov

III.  Expungement, sealing & other record relief

A.  Sealing of convictions

   1. Sealing by petition

Sealing for conviction records first became available in 2003, and has expanded many times since. As of August 2017, most misdemeanor and felony convictions are eligible for “sealing.” Ineligible offenses include DUI, sex crimes, animal care crimes, and domestic battery.  20 Ill. Comp. Stat. 2630/5.2(a)(3). Individuals subject to registration under the Arsonist Registration Act and the Murderer and Violent Offender Against Youth Registration Act remain ineligible until removed from the registry. 20 Ill. Comp. Stat. 2630/5.2(c)(3)(C).  

Sealing is available for convictions three years after termination of the person’s “last sentence” (whether or not sealing is sought for that conviction).  20 Ill. Comp. Stat. 2630/5.2(c).  The waiting period may be waived by the court in cases where the person earned “a high school diploma, associate’s degree, career certificate, vocational technical certification, or bachelor’s degree, or obtained [a GED]” during the period of the last sentence. 20 Ill. Comp. Stat. 2630/5.2(c)(3)(E). As discussed in Section F.2 below, there is no waiting period for cases involving dismissals, acquittals, or arrests not resulting in charges, and a two- or three-year waiting period after a supervision or deferred adjudication sentence.  20 Ill. Comp. Stat. 2630/5.2(c)(3)(A), (B), (C).

The sealing waiting periods will change on June 1, 2026, along with several other provisions noted, upon the effective date of the Illinois “Clean Slate” Act, June 1, 2026. See HB 1836 discussed in the following section. The key waiting period changes include reducing waiting periods from three to two years for “qualified probation” sentences and convictions for misdemeanors, ordinance violations, and felonies not resulting in a sentence of incarceration or a probation sentence that was revoked. 

There is no limitation on the number of convictions a person may seek to have sealed. The prohibition that a person may not petition to seal a felony conviction that occurred after the sealing of a felony conviction, and that the court may unseal a prior sealed felony conviction upon conviction of a subsequent felony offense, was also removed by HB 1836 (effective June 1, 2026). 

   2. 2025 Clean Slate Act

On October 30, 2025, the Illinois General Assembly voted to make Illinois the 13th Clean Slate state with the passage of HB 1836. The Governor signed the bill into law on January 16, 2026 (P.A. 104-0459). For background and additional information on the Clean Slate Illinois campaign, see Beth Johnson, Illinois poised to enact Nation’s broadest automatic sealing law (Nov. 6, 2025). 

Beginning in January 2029, an automated record-sealing process will apply to most convictions already eligible for petition-based sealing, as well as to non-conviction records. As with petition-based sealing under existing law, automated sealing will apply to eligible conviction records after a waiting period following completion of sentence, with a limited set of additional exemptions from automation.6 These additional excluded convictions will remain eligible for petition-based relief. For eligible misdemeanor and ordinance violations, records will be automatically sealed two years after completion of sentence; for felony convictions, records will be sealed three years after completion of the last felony sentence. Notably, beginning on January 1, 2029, cases resulting in dismissal or acquittal will be sealed by the court upon final disposition. See Section III(F)(3).  

An implementation process to automate sealing of eligible conviction and non-conviction records accrued between 1970 and 2029 will begin on January 1, 2029, and proceed along an established timeline until 2034. 7 The Act establishes the Clean Slate Task Force, a five-year oversight body composed of key stakeholders, legislators, advocates, and members of the public, which will guide implementation.

B.  Expungement of convictions

   1. Pardoned convictions

The only convictions that are eligible for expungement, outside of those convictions reversed or vacated by the court, or cannabis and prostitution convictions under the special authority discussed below, are those that have been pardoned — and then only if the pardon document authorizes expungement.  See 20 Ill. Comp. Stat. 2630/5.2(e); People v. Thon, supra. 

The term “expunge” in this context does not mean physical destruction of the law enforcement records. A pardoned conviction ordered expunged is sealed by the Illinois State Police until further order of the court. 

All records sealed by the Department may be disseminated by the Department only to the arresting authority, the State’s Attorney, and the court upon a later arrest for the same or similar offense or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual.

20 Ill. Comp. Stat. 2630/5.2(e).

   2. Cannabis convictions

In June 2019, HB1438 (the Cannabis Regulation & Tax Act) authorized a tiered process for both automatic and petition-based expungement of cannabis arrests and convictions occurring prior to the effective date of the Act. 20 Ill. Comp. Stat. 2630/5.2(i).  “Minor cannabis offenses,” defined as possession or delivery of cannabis involving not more than 30 grams, without any enhancement or association with a “violent” conviction, were made eligible for a tiered automated expungement process. 20 Ill. Comp. Stat. 2630/5.2(a)(1)(G-5), (i)(1), (i)(2). 

Convictions for “minor cannabis offenses” were authorized for pardon authorizing expungement. These convictions were identified by the State police, reviewed by the Prisoner Review Board, and presented to the Governor to decide whether to grant a pardon authorizing expungement. 2630/5.2(i)(2)(B). If a pardon was granted, the Attorney General filed a petition for expungement in the circuit court. Id. at (i)(2)(C). Governor Pritzker pardoned 11,430 minor cannabis convictions in December 2019. See Illinois Cannabis Regulation Oversight Office website.

The State Police and other law enforcement agencies were also directed to “automatically expunge” arrest records for “minor cannabis offenses” one year after the date of the arrest, if no charges were filed, or filed charges were dismissed, vacated, or resulted in acquittal. 20 Ill. Comp. Stat. 2630/5.2(i)(1)(A). If law enforcement was unable to determine disposition, they were directed to expunge the arrest. 20 Ill. Comp. Stat. 2630/5.2(i)(1)(B).  Between July 2019 and January 2023, the Illinois State Police expunged over 780,000 charges for minor cannabis offenses. See the Cannabis Regulation Oversight Office website. 

The Act also created a petition-based vacatur and expungement process for misdemeanor and Class 4 felony cannabis convictions, available to an individual any time after the completion of the sentence, excluding financial conditions. 20 Ill. Comp. Stat. 2630/5.2(i)(3). State’s Attorneys were given standing to file petitions to vacate and expunge eligible convictions, and to include multiple individuals on a request. 2630/5.2(i)(4), (i)(5).  In considering motions to vacate and expunge, the court was directed to apply a balancing test considering the reasons to retain the records, the person’s age, the person’s age at the time of conviction, and the specific adverse consequences if denied. 2630/5.2(i)(3), (i)(4). Between July 2019 and January 2023, State’s Attorney offices filed to vacate and expunge 23,208 “minor cannabis” convictions. See the Cannabis Regulation Oversight Office website. 

In support of accessing the newly established remedy, state appropriations were directed to the Illinois Equal Justice Foundation to issue grants to civil legal aid organizations to support individuals filing petitions to vacate and expunge, and collectively launched New Leaf Illinois. 

   3. Prostitution convictions

In 2021, Illinois enacted a process by which individuals convicted of Class 4 felony prostitution offenses may file to vacate and expunge through a process and standards similar to the one applicable to expungement of cannabis convictions.  See SB 2136 (2021); 20 Ill. Comp. Stat. 2630/5.2(j). The factors the court considers are the same as vacating eligible cannabis convictions, and a state’s attorney or civil legal aid organization may also file on behalf of individuals.  2630/5.2(j).  This provision was added to the Criminal Identification Act several years after Illinois removed the felony offense of prostitution. See SB 1872 (2013). 

C.  Procedures and effect of sealing and expungement

Procedure: The same procedures apply to expungement and sealing.  20 Ill. Comp. Stat. 2630/5.2(d). The strengths and weaknesses of Illinois’ expungement and sealing law, including eligibility criteria and applicable procedures, are analyzed in Beth Johnson et al., Access Barriers to Sealing of Felony Convictions in Illinois: A Close Look at Law and Practice (February 2021).

The Illinois Supreme Court Commission on Access to Justice Forms Committee developed standardized, statewide forms, which are available for multiple areas of law including adult expungement and sealing, juvenile expungement, and cannabis expungement. See the approved statewide forms available at: Approved Statewide Forms – Expungement and Sealing. 

Petitions are filed in the jurisdiction where an arrest or charge occurred, and require a separate petition if arrests or charges occurred in multiple jurisdictions.  2630/5.2(d)(1).  Filing fees apply, but can be waived if indigent. Id. The circuit clerk is responsible for serving notice upon the prosecutor, arresting agency, the State police, and the chief legal officer. 2630/5.2(d)(4). Each party receiving notice is entitled to file an objection, in writing, within 60 days of service of the petition. 2630/5.2(d)(5). The court may enter the order without a hearing if no objection is filed, but one must be held upon objection. 2630/5.2(d)(6), (d)(7). In deciding whether to grant the request, judges may consider specific factors, including any specific adverse consequences, a petitioner’s criminal history, age, and employment history, and the strength of the State’s evidence in the underlying conviction. 2630/5.2(d)(7).8

Unpaid fines and fees:  Effective August 2018, the court may not deny a sealing petition because the petitioner has not satisfied an “outstanding legal financial obligation,” which includes costs, assessments, fines and fees, but does not include a restitution order unless converted to a civil judgment. 20 Ill. Comp. Stat. 2630/5.2(d)(6)(C). Sealing does not remove the legal financial obligation, and access to the sealed record is narrowly authorized for the purpose of collection.9

Notice of eligibility for sealing:  Courts are required by law, upon entry of a disposition for an eligible record under the sealing authority, to inform the petitioner “of the right to have the records sealed and the procedures for the sealing of the records.”  See 2630/5.2(c)(5).  Illinois practitioners report that many courts do not provide the required notice, and there appears to be no mechanism to enforce this obligation.

Drug test prerequisite: The requirement to include proof that the applicant had taken a drug test within 30 days before filing a petition to expunge or seal specified felony drug offenses, which showed the absence of illegal substances, was removed by the Clean Slate Act, HB 1836 (effective June 1, 2026).10 

Effect: The term “expunge” means “to physically destroy the records or return them to the petitioner and to obliterate the petitioner’s name from any official index or public record, or both.” 20 Ill. Comp. Stat. 2630/5.2(a)(1)(E).  However, “nothing in this Act shall require the physical destruction of the circuit court file, but such records relating to arrests or charges, or both, ordered expunged shall be impounded . . .” Id.  

The term “seal” means “to physically and electronically maintain the records . . . but to make the records unavailable without a court order, subject to [certain] exceptions,” and to “obliterate” the person’s name from the official index required to be kept by the circuit court clerk. 20 Ill. Comp. Stat. 2630/5.2(a)(1)(K).  

The courts, state police, or arresting agency must respond to any inquiry for an expunged or sealed record by anyone not authorized by law to access the record as it would to inquiries where no records exist. 2630/5.2(d)(9)(A)(iii), (9)(B)(v), (9)(B-5)(v), (9)(C).

Sealed and impounded records must be retained by the state police, and may be disseminated only to law enforcement, prosecutors, and the Department of Corrections, or (for sealed felony convictions) “as otherwise specifically required or authorized by a federal or State law, rule, or regulation that requires inquiry into and release of criminal records. . . .” Id., 2630/13(a). Sealed records may be used by the court, law enforcement agencies, and prosecutors “in carrying out the duties of their offices.” 2630/13(b). Upon conviction, the Department of Corrections shall also have access to all sealed records. 2630/13(a). All sealed and impounded records “are exempt from disclosure under the Freedom of Information Act.” 2630/13(c).

With certain exceptions, an expunged or sealed record “may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration,” and applications for employment and licensure must contain specific language that a person is “not obligated to disclose sealed or expunged records.”  20 Ill. Comp. Stat. 2630/12(a). See Part IV for further discussion around the protections provided for expunged and sealed records.

D.  Vacatur and expungement for survivors of human trafficking

Record relief for survivors of human trafficking first became available in 2012 through a post-trial vacatur process applicable to prostitution convictions under 725 Ill. Comp. Stat. 5/116-2.1. In 2018, trafficking survivors became eligible to petition for “immediate sealing” of their “criminal record” upon completion of sentence under Illinois’ expungement and sealing law. 20 Ill. Comp. Stat. 2630/5.2(h)(2018). In 2023, a vacatur and expungement remedy for survivors of trafficking was added to the immediate sealing provisions, rendering both the 2012 and 2018 remedies meaningless, as a survivor is no longer subject to conviction limitations or burdensome procedural requirements, or limited to a sealing remedy. See IL HB 2418, amending 2630/5.2(h) (2023).

The vacatur and expungement provisions of the 2023 law allow a survivor to petition for relief for any conviction (no longer limited to prostitution convictions), if their “participation in the underlying offense was a result  (no longer a “direct” result) of human trafficking under Section 10-9 of the Criminal Code,” defined as sex or labor trafficking, or federal law. 20 Ill. Comp. Stat. 2630/5.2(h)(1). A petition may be filed with the court at any time following the completion of the last sentence (no longer requiring the filing be made with “due diligence” after a person ceases to be a victim). Id.

A hearing is required if an objection is filed. Id.  The court may grant relief if the petitioner demonstrates, by a preponderance of the evidence, they were “a victim of human trafficking at the time of the offense,” and “participation in the offense was a result of human trafficking.” Id. If granted, the conviction is vacated and the record is ordered expunged.   

Conviction relief for survivors is broader in scope than other record relief remedies in Illinois, as there are limited grounds on which either vacatur or expungement are available for convictions in Illinois, and there are no limitations as to the type of convictions eligible for this broad relief. 

In 2023, HB5465 extended vacatur and expungement relief to juvenile survivors of human trafficking upon completion of sentence if their participation in the offense was a result of human trafficking. 705 Ill. Comp. Stat. 405/5-915(2.6-1). 

E.  Deferred adjudication and other diversionary dispositions

   1. Qualified probation  

All diversionary dispositions and deferred adjudication programs listed below fall under the definition of “qualified probation” for purposes of expungement and sealing under 20 Ill. Comp. Stat. 2630/5.2(a)(1)(J). See 2630/5.2(a)(1)(C)(“An order of supervision successfully completed by the petitioner is not a conviction. An order of qualified probation (as defined in subsection (a)(1)(J)) successfully completed by the petitioner is not a conviction.”) These records may be expunged along with other non-conviction records under 2630/5.2(b).

a. Deferred adjudication for first-time drug offenders: Under Section 410 of the Illinois Controlled Substances Act, Section 10 of the Cannabis Control Act, and Section 70 of the Methamphetamine Control Act, the court may defer adjudication for first-time drug offenders after a guilty plea or finding of guilty, and place them on 24-months probation with various conditions of reporting and treatment.  720 Ill. Comp. Stat. Ann 570/410, 550/10, and 646/70. Upon successful completion of probation, the person is discharged and the proceedings dismissed.  570/410(f), 550/10(f), 646/70(f). “[D]ischarge and dismissal under this Section is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime,” though it may be used in subsequent criminal proceedings.  570/410(g), 550/10(g), 646/70(g).  However, the provisions governing resentencing after revocation of probation apply to revocations under this section even though revocation occurs prior to conviction, as the criminal code’s reference to “conviction” is not simply to the entry of a record judgment but to a determination of guilt.  People v. Goetz, 327 N.E.2d 516, 518 (Ill. App. Ct..1975).  Other deferred adjudication provisions for marijuana are in 550/10 (formerly “section 710”). 

b. Second Chance Probation: 730 Ill. Comp. Stat. 5/5-6-3.4 permits persons charged with enumerated felony offenses, who have not previously been convicted of a felony, or of a violent offense, to be placed on probation for a period of two years, under conditions intended to promote rehabilitation (seek employment, obtain education, perform community service, etc.). Both the individual and the prosecutor must agree. Upon successful completion of probation, the charges will be dismissed and “a discharge and dismissal under this Section is not a conviction for purposes of this Code or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime,” though it may be used in subsequent criminal proceedings.  5/5-6-3.4(f), (g).

c. Offender Initiative program:  This is a pre-plea disposition diversion program open to individuals with no prior felony convictions and charged with a variety of non-violent offenses. 730 Ill. Comp. Stat. 5/5-6-3.3.

d. TASC (Treatment Alternatives for Safe Communities) probation: If an individual is believed to suffer from a substance use disorder, and requests treatment while on probation, the court shall order an assessment to determine whether they are “likely to be rehabilitated through treatment.” 20 Ill. Comp. Stat. 301/40-5, 301/40-10(b). If the court finds the standard met, and the individual is eligible based on the charge and prior criminal history, they shall be placed on probation under the supervision of a treatment provider.  Id.  After successful completion of the terms and conditions of TASC probation, “if the person has not previously been convicted of any felony offense and has not previously been granted a vacation of judgment under this Section,” upon motion, the court shall vacate the judgment of conviction and dismiss the criminal proceedings” unless, “having considered the nature and circumstances of the offense and the history, character and condition of the individual, the court finds that the motion should not be granted.”  301/40-10(e).

   2. First Time Weapon Offense Program (FTWOP) 

730 Ill. Comp. Stat. 5/5-6-3.6 permits persons charged with an eligible firearm offense (Class 4 felony or lower), may enter the FTWOP with the agreement of the defendant and the prosecutor. 5/5-6-3.6(c). The program’s term ranges from 6 to 24 months, with certain conditions. Id. at (d), (e).Upon placement in the program, “the court shall defer further proceedings in the case,” and while the disposition is considered a conviction for purposes of sentence conditions and appeal, “a sentence. . . is not a conviction for purposes of this Act or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime” if successfully completed. Id.  The discharge and dismissal may be used in a sentencing proceeding for a conviction that occurs within 5 years as evidence in aggravation. Id. at (g).11

   3.  Illinois Problem-Solving Courts (PSCs) 

In 2015, the Illinois Supreme Court announced the creation of uniform standards and a Certification and Application process for problem-solving courts across the state, developed by the Administrative Office of Illinois Courts (AOIC) and a Special Supreme Court Advisory Committee. See Problem-Solving Court Standards, Supreme Court of Illinois (Nov. 2015, rev. Nov 2019), found here. As of August 2025, 123 PSCs have been certified in counties across the state. See Certified Illinois Problem Solving Courts here. 

PSCs, also referred to as specialty or therapeutic courts, provide alternatives to conviction or incarceration for certain populations in the criminal justice system. Three PSC-authorizing statutes were amended in 2022 to expand eligibility for participation to allow those with prior violent offenses to apply after five years (reduced from 10 years) and those who had benefited from programs previously to benefit again.  See SB 2565, amending the Drug Court Treatment Act (730 Ill. Comp. Stat. 166/1, et. seq.), the Veterans and Servicemembers Court Treatment Act (730 Ill. Comp. Stat. 167/1, et. seq.), and the Mental Health Court Treatment Act (730 Ill. Comp. Stat. 168/1, et. seq.).  Each statute authorizes the Chief Judicial of each judicial circuit to establish a drug, mental health, and veterans and service members court program, which could include pre- or post-adjudicatory programs. Participation in any court program requires the individual’s consent and the court’s approval. 166/20(a), 167/20(a), 168/20(a). Agreement of the prosecutor is only required if the individual is charged with a Class 2 or greater felony for violating one of the controlled substance acts. 166/20(c), 167/20(c), 168/20(c). 

In addition to receiving treatment and therapeutic services during the program, upon successful completion, the court may successfully terminate the sentence, dismiss the original charges, or “otherwise discharge the person from any further proceedings in the original prosecution.” 166/35(b), 167/35(b), 168/35(b). Additionally, each statute authorizes the State’s Attorney , participant, or defense attorney to move to vacate any convictions that are eligible for sealing, and if granted, a petition to expunge the vacated conviction may be immediately filed. 166/35(c), 167/35(c), 168/35(c). Each of the court programs may “collaborate with a network of legal aid organizations that specialize in conviction relief to support participants navigating the expungement and sealing process.” 166/35(d), 167/35(d), 168/35(d).

F.  Non-conviction records

   1.  Expungement

Records that may be “expunged” are described in 2630/5.2(b), and include arrests that resulted in no charges, acquittal or dismissal; a conviction that is reversed or vacated; and an order of supervision or “qualified probation” successfully completed. Id. Supervision and qualified probation are sentences that are deemed not to be a conviction upon successful completion. See for example. 730 Ill. Comp. Stat. 5/5-6-3.1(f). 

There is no waiting period for charges resulting in dismissal or acquittal, and either a two- or five-year waiting period from the end of sentence when the case sought to be expunged resulted in an order of supervision or qualified probation, successfully completed by the petitioner. 2630/5.2(b)(2). 

   2.  Petition-based sealing 

Similar to expungement, there is no waiting period for cases involving dismissals, acquittals, and either a two- or three-year waiting period from the end of sentence when the case sought to be sealed resulted in an order of supervision or qualified probation, successfully completed by the petitioner. 20 Ill. Comp. Stat. 2630/5.2(c)(3)(A), (B), (C).

Immediate sealing of non-conviction records: Effective January 2018, sealing of records of arrests and charges resulting in acquittal or dismissal may be sought by petition at the dispositional hearing. 20 Ill. Comp. Stat. 2630/5.2(g) (enacted by HB-514 (2017)). The immediate sealing petition may be filed with the circuit court clerk during the hearing in which the final disposition of the case is entered, and the judge shall rule on the petition during the hearing in which it is filed. 

   3.  Clean Slate (automated) sealing

Beginning on January 1, 2029, cases resulting in dismissal or acquittal will be sealed by the court upon final disposition. See Section III(A)(2) for additional information about the 2025 Clean Slate Act.

G.  Juvenile records

“All juvenile records which have not been expunged are sealed and may never be disclosed to the general public or otherwise made widely available,” with certain exceptions for public schools authorities as provided for in 105 Ill. Comp. Stat. 5/22-20. 705 Ill. Comp. Stat. 405/1-7(A), 405/1-8(A). Expungement of juvenile records is governed by 705 Ill. Comp. Stat. 405/5-915 which was significantly amended in 2017 to require automatic expungement of most juvenile dispositions. See Public Act 100-0285, HB 3817 (2017).  

Records of adjudications for offenses that would be a Class B or C misdemeanor or petty or business offense (that are terminated successfully under a 2018 amendment, SB 2915) are automatically expunged by the court within 60 days, as are dismissed petitions, “not delinquent” dispositions, and dispositions resulting in a successful termination of an order of supervision. 5-915(0.2)(a).  

Most other adjudications are automatically expunged 2 years after closure of the case so long as no criminal charges or delinquency petitions are pending.  5-915(0.3)(a). Individuals can always petition for expungement, even when eligible for automatic expungement.  5-915(1). Records for particularly serious offenses are not expunged automatically, but expungement may be sought by petition after 2 years for offenses except first degree murder and those resulting in sex offender registration.  5-915(2). Courts must provide information on the right to have records expunged at the time of sentencing or dismissal.  5-915 (2.6). 

Effect: Dissemination and retention of expunged juvenile records is governed by 705 Ill. Comp. Stat. 405/5-923. Expunged juvenile records are treated as if they never occurred and any inquiry into that record shall have an official response as if no record exists.  5/923(a). physically destroyed and removed from all official indexes and databases except internal office records, files, or databases maintained by the State’s Attorney’s Office or other prosecutor, a public defender, a probation officer or the Secretary of State.  5-923(d-10).  Law enforcement may also retain records, but only for use in pending felony investigations, certified in writing, and only for up to one year. 5-915(.02)(b), (.03)(b).   

“Except with respect to authorized military personnel, an expunged juvenile law enforcement record or expunged juvenile court record may not be considered by any private or public entity in employment matters, certification, licensing, revocation of certification or licensure, or registration.” 

705 Ill. Comp. Stat. 405/5-923(c). Applications for employment must state a person is not obligated to disclose an expunged juvenile record. Id. 

In 2023, HB5465 extended vacatur and expungement relief to juvenile survivors of human trafficking upon completion of sentence if their participation in the offense was a result of human trafficking. 705 Ill. Comp. Stat. 405/5-915(2.6-1).  

H.  Judicial certificates

   1. Certificate of discharge

Upon discharge from incarceration or parole or probation, “or at any time thereafter, the committing court may enter an order certifying that the sentence has been satisfactorily completed when the court believes it would assist in the rehabilitation of the person and be consistent with the public welfare.”  730 Ill. Comp. Stat. 5/5-5-5(e).  Such order “may be entered upon the motion of the defendant or the State or upon the court’s own motion.”  Id.  “Upon entry of the order, the court shall issue to the person in whose favor the order has been entered a certificate stating that his behavior after conviction has warranted the issuance of the order.”  5/5-5-5(f).

   2. Restoration certificates

Certificates of Relief from Disabilities (“CRD”) and Certificates of Good Conduct (“CGC”) were created in 2004 as an alternative form of relief to conviction records, during a time when Illinois’ sealing law was extremely limited and therefore, ineffective for most convictions. 730 Ill. Comp. Stat. 5/5-5.5-5, et. seq. The purpose of the CRD is to facilitate licensing in 27 specified areas.  Like the New York CRD, on which it was modeled, it creates an enforceable “presumption of rehabilitation” that must be given effect by a licensing board.  5/5-5.5-10.  The purpose of the CGC is to evidence a person’s rehabilitation, and to lift bars to employment and other benefits.  5/5-5.5-25.  The certificate process and its effect are described in Margaret Colgate Love, Paying Their Debt to Society: Forgiveness, Redemption, and the Uniform Collateral Consequences of Conviction Act, 54 How. L.  J. 753 (2011).  

Eligibility: Illinois, out-of-state, and federal convictions are eligible for either type of certificate, but certain serious convictions are not, including those requiring registration, arson, kidnapping, and driving under the influence/ 730 Ill. Comp. Stat. 5/5-5.5-5.12  

Certificate of Relief from Disabilities (CRD): The sentencing court or circuit court may issue a Certificate of Relief from Disabilities (CRD) to eligible persons, either at the time of sentencing or upon satisfactory completion of sentence, when the court determines by clear and convincing evidence that it is “consistent with the rehabilitation of the eligible offender” and with “the public interest.”   730 Ill. Comp. Stat. 5/5-5.5-15(b).13   A CRD does not prevent any court or administrative body from considering the conviction, nor does it preclude its use for impeachment.  5/5-5.5-10.  The court may issue an order at the time of sentence, or at any time thereafter.  The court may also request investigation by probation or court services, and may hold a hearing.  5/5-5.5-15(c), (e).

CRD effect on licensing:  Under 5/5-5-5(h) and (i), a person who has been awarded a CRD may not be denied a license in 26 different fields “by reason of” conviction, or based on a finding of lack of good moral character based upon the fact of conviction unless:  (1) there is a direct relationship between one or more of the previous criminal offenses and the specific license sought; or (2) the issuance of the license would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public. The licensing agency “shall consider” statutory factors.14  At the same time, the fact that an individual has received a CRD does not preclude a licensing board from relying on the conviction “as the basis for the exercise of its discretionary power” to suspend or deny any license.  5/5-5.5-10.

CRD effect on employer liability:  “An employer is not civilly or criminally liable for an act or omission by an employee who has been issued a certificate of relief from disabilities, except for a willful or wanton act by the employer in hiring the employee who has been issued a certificate of relief from disabilities.”  730 Ill. Comp. Stat. 5/5-5.5-15(f).

Reporting obligation:   The Department of Professional Regulation is required to report to the General Assembly each year the number of people with criminal records who applied for licenses, both with certificates of relief from disabilities and without, and the numbers of licenses granted and rejected.  730 Ill. Comp. Stat. 5/5-5.5-50, see 2025 IDFPR Report here, reporting that no applicants submitted a CRD between December 2024 and November 2025. See Section IV for more recent changes in licensing laws that have arguably reduced the need to obtain a CRD. 

Certificate of Good Conduct (CGC):  Statewide forms were created and made available for Certificates of Good Conduct through the Illinois Supreme Court Commission on Access to Justice.  A court may issue a CGC to “to relieve an eligible offender of any employment bar, except an employment-related bar to work in the Department of Corrections or Juvenile Justice, or any other law enforcement agency.  730 Ill. Comp. Stat. 5/5-5.5-25(a).  Petitioners with out-of-state or federal convictions require a showing “that there exist[s] specific facts and circumstances and specific sections of Illinois State law that have an adverse impact on the applicant and warrant the application for relief to be made in Illinois.”  5/5-5.5-30(b). In 2019, HB3580 added “occupational licensing, or housing” bars to those that may be relieved by a CGC. The certificate may be limited to one or more disabilities or bars or may relieve the individual of all disabilities and bars.  Id.  

Conviction type eligibility is the same as for a CRD, with the only difference in eligibility being a “minimum period of good conduct” of one or two years that the individual must establish before a court may grant a good conduct certificate.  5/5-5.5-30(c). The court must find that by “clear and convincing evidence that he or she has been a law-abiding citizen and is fully rehabilitated,” and must be satisfied that the relief is consistent with both the rehabilitation of the petitioner and the public interest.  5/5-5.5-25(a-6), 5/5-5.5-30(a).  The court may enlarge relief, and may also revoke the certificate upon a violation of supervision or a subsequent conviction.  5/5-5.5-30(d), (f).

CGC benefits and limitations:  “An employer is not civilly or criminally liable for an act or omission by an employee who has been issued a certificate of good conduct,” unless the employer’s actions were “willful or wanton.”  5/5-5.5-25(c).  A CGC does not prevent any court or administrative body from considering the conviction, does not preclude use of the conviction for impeachment, does not prevent access to the records, and does not expunge or seal the record.  5/5-5.5-25(b). 

IV.  Criminal record in employment, licensing & housing

A.  Nondiscrimination in employment and housing 

The Illinois Human Rights Act (IHRA), 775 Ill. Comp. Stat. 5/1-101, et. seq, has prohibited employment discrimination based on arrests since the 1980’s and based on records ordered expunged or sealed since 1991. 775 Ill. Comp. Stat. 5/2-103.  In 2021, SB1780 strengthened these protections through redefining “arrest record” to include all arrests not leading to conviction (where previously it was the “fact of an arrest”) and juvenile records, in addition to expunged and sealed records. 775 Ill. Comp. Stat. 5/1-103(B-5). The law was also amended to carry these same protections into the housing provisions of the IHRA. 775 Ill. Comp. Stat. 5/3-102. 

However, these protections were always limited in that they do not extend to state or local governmental agencies, school districts, or private organizations from accessing sealed felony conviction information from the Illinois State Police based on “state or federal laws or regulations that require criminal background checks in evaluating the qualifications and character of an employee or a prospective employee.” 775 Ill. Comp. Stat. 5/2-103, and see discussion in III.C as to the effect of expunged and sealed records. 

In 2021, the IHRA underwent a major expansion for the first time, “conviction records” fell under the protections of the employment and housing provisions of the IHRA with the passage of SB1480, which created Sec. 2-103.1. Unless otherwise authorized by law, employers cannot use a “conviction record” as a basis for an adverse action unless: 1) there is a substantial relationship between one or more of the previous criminal offenses and the employment sought or held, or 2) the granting or continuation of the employment would involve a public safety risk.  775 Ill. Comp. Stat. 5/2-103.1(A). Specific factors are included within the Act for employers to consider in making this determination.15 

The law requires notification in the assessment process and potential disqualification from employment, including what conviction(s) may be a basis for an adverse decision, a copy of the conviction history report, and an explanation of the right to respond.  775 Ill. Comp. Stat. 5/2-103.1(C). The employee must provide at least five business days for a response before making a final decision. Id. 

The City of Chicago has a similar law, Municipal Ordinance 6-10-054, which applies to all employers, regardless of size, who are required to have a city license for their business (as governed by Title 4 of the Chicago Municipal Code) or who maintain a facility within the geographic boundaries of the city. Like the Act, the Ordinance carries monetary penalties for violations. The Ordinance also provides that violators may be subject to “license discipline” by the city, including suspension or revocation. The Ordinance prohibits the use of “arrest records” in employment decisions, defined as arrests not leading to conviction; a juvenile record; or a record ordered expugned, sealed, or impounded. 6-10-020. It also requires employers to consider six factors when determining if a criminal conviction disqualifies an applicant from employment. Finally, it provides procedural protections so that employers must provide notice of a preliminary decision for disqualification from employment, a copy of the record, and the right to respond. Id.

Housing data collection: SB1980 (2021) requires local housing authorities to collect data on the number of applications for federally assisted housing by people with a criminal record, how many applications are denied, and how many are overturned after a records assessment hearing. Data shall be reported to the Illinois Criminal Justice Information authority and to the legislature, and posted on the ICJIA website.    

B.  Ban-the-Box in employment

The Job Opportunities for Qualified Applicants Act, enacted in 2014, prohibits public and private employers with more than 15 employees from from inquiring into an applicant’s criminal record “until the applicant has been determined qualified for the position and notified that the applicant has been selected for an interview by the employer or employment agency or, if there is not an interview, until after a conditional offer of employment is made to the applicant by the employer or employment agency.”  820 Ill. Comp. Stat. 75/15(a).  The law does not apply where employers are required to exclude applicants with certain criminal convictions from employment, and does not prohibit employers from informing applicants of what types of convictions will disqualify them.  75/15(b).16

C.  Standards in occupational licensing

2022 laws enacted to study access to licensed professions: In almost every year since 2016, Illinois has passed at least one law seeking to limit the power of licensing agencies to deny licensure based on criminal history.17 

2017 Regulatory Reforms:  A major expansion of licensing regulation was enacted in August 2017, one of the first state enactments in what would become a national wave of similar reforms over the next decade.  Public Act 100-0286 (SB 1688) provides general guidance for the Division of Professional Regulation of the Department of Financial and Professional Regulation (which regulates many professions) to use in its consideration of prior convictions in the issuance of licenses, certificates or granting of registration.  See 20 Ill. Comp. Stat. 2105/2105-131, 2105/2105-135.  It applies these standards to a number of specific regulatory schemes. 

Upon finding that an applicant has a prior felony or misdemeanor conviction that may be grounds for refusal, the Division “shall consider mitigating factors and any evidence of rehabilitation contained in the applicant’s record to determine if the prior conviction will impair the applicant’s ability to engage in the practice sought.” Id. These mandatory considerations are spelled out in detail in the statute.18

Applicable procedures: If the Department refuses to issue a license or certificate or grant registration to an applicant based upon a conviction or convictions, in whole or in part, the Department shall notify the applicant of the denial in writing, including a statement about the decision, which convictions were determined to be disqualifying, and “a summary of the appeal process or the earliest the applicant may reapply for a license, certificate, or registration, whichever is applicable,” strengthened in 2021 by requiring an explanation of  how the conviction “directly relates to and would prevent the person from effectively engaging in the position for which a license, registration, or certificate is sought.”  See HB 14.  (Note: the above new provisions concerning mitigating factors and the denial process do not apply to enumerated offenses listed in licensing restrictions for health care workers or other enumerated offenses barring licensure for particular occupations.)  

Applicants are not required to report, and the Department may not consider in connection with licensing applications: juvenile adjudications; records of arrest not followed by a charge or conviction; or “records of arrest where charges were dismissed, unless related to the profession sought;” overturned convictions; and sealed or expunged convictions or arrests.  See id., 2105/2105-135(c).19

Accountability:  The 2017 law requires the Department of Financial and Professional Regulation (DFPR) to publish annually a report of summary statistical information relating to applications during the preceding calendar year, providing the total number of new applications, the number of applications from a person with any criminal conviction, the number in both categories who were granted and denied, and the number denied based in whole or in part on the conviction. 

Finally, DFPR was to report “the number of licensees or certificate holders who were granted expungement for a record of discipline based on a conviction predating licensure, certification, or registration or a criminal charge, arrest, or conviction that was dismissed, sealed, or expunged or did not arise from the regulated activity, as a share of the total such expungement requests.” 20 Ill. Comp. Stat. 2105/2105-205. See Annual Disciplinary Reports Pursuant to P.A. 100-0286 on IDFPR’s website. 

Transparency: Effective August 14, 2018, the DFPR must make available on its website general information explaining how it utilizes criminal history information in making licensure application decisions, including a list of enumerated offenses that serve as a bar to licensure. 20 Ill. Comp. Stat. 2105/2105-15(i) (SB 2853).  In 2021, the Department was required to post “a list of all State licensing restrictions that would prohibit an applicant from working in a position for which a license is sought.” HB 14. 

Judicial certificates:  See discussion above on the effect of Certificates of Relief from Disabilities and Certificates of Good conduct on licensing.

Health care workers:  The laws governing licensing for health care workers have undergone significant changes since 2011, both tightening and then limiting restrictions on health care professionals convicted of certain offenses.  

At the same time, waivers may be permitted under the Illinois Health Care Background Check Act, 225 Ill. Comp. Stat. 46/40, which applies to health care workers not licensed by the Department of Financial and Professional Regulation or the Department of Public Health under another law.   The law governing the hiring of health care workers who are not subject to other licensing requirements requires criminal background checks, and while it disqualifies individuals from employment upon conviction of a long list of crimes, it permits a waiver by the agency that oversees the type of facility applicant is interested in working, and requires action on the waiver application within 30 days.  Id.  The statute sets forth nine mitigating circumstances (e.g., the age of the person when the crime was committed, the circumstances surrounding the crime, the length of time that has passed since the crime, the person’s work history and references) for the agencies to consider in granting a waiver, and each agency sets its own procedures for granting waivers.  Id.  See resources available on the Health Care Worker Registry.

  1. In 2019, Illinois enacted two laws related to voting.  HB2541, the Re-Entering Citizens Civics Education Act, provides for peer-led programs to teach civics to individuals who are soon to be released. SB2090 directs authorities to provide information about voting to people in jails and prisons, including upon release from prison about voting rights being restored, information about their eligibility to vote and a voter registration application.  It also facilitates voting by mail for eligible persons detained in county jails in smaller counties, and establishes polling places in county jails in larger counties.  In 2021 another law was passed requiring DOC to give individuals information about voter registration prior to release and authorized DOC to “enter into an interagency contract with the State Board of Elections to participate in the automatic voter registration program and be a designated automatic voter registration agency under the Election Code.”  730 Ill. Comp. Stat. 5/3-14-1.  HB3653.
  2. The final phrase was hastily added to both statutes in 2021 by SB825, prompted by the restoration of rights granted by Governor Rauner to Roger Agpawa, Mayor of Markham, Illinois, whose right to hold office had been challenged based on his federal felony conviction.  The legislation declared these statutory emendations to be “declarative of existing law,” and the Supreme Court of Illinois agreed, unanimously reversing a contrary holding of the lower court.  See Walker v. Agpawa, 2021 IL 127206, par. 24 (August 26, 2021): “The legislature did not fill the proverbial hole identified by the appellate court majority; it clarified that a hole never existed. We hold that Governor Rauner’s untitled document restored all of Agpawa’s Illinois rights of citizenship, including the right to hold municipal office, and he was eligible to be mayor of Markham.” 
  3. See Delgado v. Bd. of Election Comm’rs, 865 N.E.2d 183, 185 (Ill. 2007) (holding that person convicted of felony whose right to hold municipal office had not been restored by pardon under 10 ILCS 5/29-15, was ineligible to hold elective municipal office); Bryant v. Bd. of Election Comm’rs, 865 N.E.2d 189, 191  (Ill. 2007) (same); see also People v. Hofer, 843 N.E.2d 460 (Ill. App. Ct. 2006) (upholding under a rational basis standard the Illinois statutory scheme that allowed a person convicted of a felony to run for constitutional office merely by completing his sentence, but did not restore the rights of such individuals to seek non-constitutional elective office without a pardon from the governor; therefore, removal of a trustee from his office pursuant to 65 Ill. Comp. Stat. 5/3.1-10-5(b) did not violate the equal protection clause).
  4. The Supreme Court of Illinois has ruled that the constitution does not give the legislature authority to limit the Governor’s power to act in the absence of an application, and that in any event the legislature has not done so.  People ex rel. Madigan v. Snyder, 804 N.E. 2d 546, 588 (Ill. 2004).  The Seventh Circuit Court of Appeals has ruled that there is no Fourteenth Amendment property or liberty interest in obtaining a pardon in Illinois; the statutory pardon procedure does not require prompt or indeed any action by the governor, but merely describes steps in the sequences of procedures in clemency matters.  Bowens v. Quinn, 561 F.3d 671, 673-75 (7th Cir. 2009).
  5. See Bowens v. Quinn,  561 F.3d 671, 673 (7th Cir. 2009), cert. denied, 130 S. Ct. 470 (2009) (holding that where petitioners claimed that a governor’s failure to act on their clemency petitions within a reasonable time violated their rights under the Due Process Clause, their suit should have been dismissed because there was no Fourteenth Amendment interest in obtaining a pardon).
  6. The additional convictions excluded under the Illinois Clean Slate Act include Class X felonies, “crimes of violence,” as defined by Section 20 of the Drug Court Treatment Act (730 ILCS 166/20), trafficking and indentured servitude, organized retail crime, robbery, vehicular hijacking, and burglary (Class 1 and 2).
  7. 20 Ill. Comp. Stat. 2630/5.2(k)(2)(2026).
  8.   Section 2630/5.2(d)(7) provides in pertinent part:

    The court may consider the following:

    (A) the strength of the evidence supporting the  defendant’s conviction; 

    (B) the reasons for retention of the conviction records by the State;

    (C) the petitioner’s age, criminal record history, and employment history;

    (D) the period of time between the petitioner’s arrest on the charge resulting in the conviction and the filing of the petition under this Section; and 

    (E) the specific adverse consequences the petitioner may be subject to if the petition is denied.

    In a high profile 2019 case in which the defendant (a former police officer) was acquitted, the judge denied both expungement and sealing based on public safety considerations, applying the procedures applicable under 20 Ill. Comp. Stat. 2630/5.2(d). See Associated Press, Judge refuses to expunge record of officer in fatal shooting, Nov. 20, 2019.

  9. “Upon motion, the court may order that a sealed judgment or other court record necessary to demonstrate the amount of any legal financial obligation due and owing be made available for the limited purpose of collecting any legal financial obligations owed by the petitioner that were established, imposed, or originated in the criminal proceeding for which those records have been sealed.  The records made available under this subparagraph (E) shall not be entered into the official index required to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act and shall be immediately re-impounded upon the collection of the outstanding financial obligations.” 20 Ill. Comp. Stat. 2630/5.2(d)(9)(E). Additionally, the circuit clerk may access, without court order, a sealed record to collect payment on an outstanding financial obligation. 2630/5.2(d)(9)(F).
  10. Illinois was the only state known to have this provision, which has been included in the law since 2005. After recreational cannabis was legalized in 2022, the provision was amended to provide that the  court may not deny a petition for expungement or sealing because the test indicates a positive result for the presence of cannabis within the petitioner’s body.  See HB4392, adding 2630/5.2(d)(6)(D).
  11. In 2025, the law was amended to require the Illinois State Police to issue a Firearm Owner’s Identification Card to any person that receives a court order showing completion of the program, unless otherwise prohibited under law. Id. at (f); see SB 1899 (effective Jan. 1, 2026).
  12. As originally enacted in 2004, eligibility was restricted to first felony offenders convicted of non-violent offenses.  The eligibility criteria have been expanded several times over the years.
  13. Between January 2004 and January 2010, the Prisoner Review Board also had authority to issue certificates of relief from disabilities and certificates of good conduct.   During this period the Board issued 44 certificates of good conduct and 121 certificates of relief of disability.
  14. In making a determination whether to award a license, the licensing agency “shall consider” the following factors:

    (1) the public policy of this State, as expressed in Article 5.5 of this Chapter [730 ILCS 5/5-5.5], to encourage the licensure and employment of persons previously convicted of one or more criminal offenses;
    (2) the specific duties and responsibilities necessarily related to the license being sought;
    (3) the bearing, if any, the criminal offenses or offenses for which the person was previously convicted will have on his or her fitness or ability to perform one or more such duties and responsibilities;
    (4) the time which has elapsed since the occurrence of the criminal offense or offenses;
    (5) the age of the person at the time of occurrence of the criminal offense or offenses;
    (6) the seriousness of the offense or offenses;
    (7) any information produced by the person or produced on his or her behalf in regard to his or her rehabilitation and good conduct, including a certificate of relief from disabilities issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified in the certificate; and
    (8) the legitimate interest of the licensing agency in protecting property, and the safety and welfare of specific individuals or the general public.

    5/5-5-5(h).

  15. In making a determination pursuant to subsection (A), the employer shall consider the following factors: 

    (1) the length of time since the conviction;

    (2) the number of convictions that appear on the conviction record;

    (3) the nature and severity of the conviction and its relationship to the safety and security of others;

    (4) the facts or circumstances surrounding the conviction;

    (5) the age of the employee at the time of the conviction; and

    (6) evidence of rehabilitation efforts.

    Ill. Comp. Stat. 5/2-103.1(B).

  16. Previously, public employers were prohibited from making inquiry into applicants’ criminal history by executive order.  See  http://www.nelp.org/content/uploads/2015/03/Illinois-Administrative-Order-1-2013.pdf.  The order directed each state agency to establish a “documented review process” to ensure that any exclusion related to a criminal record is “job-related and consistent with business necessity,” considering the nature of the offense, the passage of time since conviction, and the nature of the job sought.
  17. Review of laws enacted to afford those with a criminal record access to licensed professions:  Until recently, Illinois limited consideration of convictions in connection with occupational licensing only for certain occupations, and only where a person has received a certificate of rehabilitation.  See supra, for Certificates of Rehabilitation, 730 Ill. Comp. Stat. 5/5-5-5.   

    However,  several licensing schemes incorporated a “direct relationship” test.  See Public Accounting Act, 225 Ill. Comp. Stat. 450/20.01 (a)(7)(“The Department may refuse to issue or renew, or may revoke, suspend, or reprimand any license or licensee . . . [for] (4) being convicted or found guilty, regardless of adjudication, of a crime in any jurisdiction which directly relates to the practice of public accounting”); 225 Ill. Comp. Stat. 335/9.1(b) (roofer’s license) (The Department may refuse to issue or revoke license for “conviction . . . of any crime under the laws of the United States or any state or territory thereof that is (i) a felony or (ii) a misdemeanor, an essential element of which is dishonesty or that is directly related to the practice of the profession”).  The latter formulation is also used for acupuncturists,225 Ill. Comp. Stat. 2/110(a)(2); collection agencies, 205 Ill. Comp. Stat. 740(9)(a)(3); ; and many other professions.

    In 2016, Public Act 99-876 expanded upon the “direct relationship” tests for initial applicants for roofing (225 ILCS 335/7.1), cosmetology (225 ILCS 410/4-6.1), funeral director (225 ILCS 41/15-72), and related licenses.  Under the expanded tests a license may only be denied for “a felony directly related to the practice,” and only after the consideration of mitigating factors that include “the bearing, if any, the criminal offense … will have on his or her fitness or ability to perform one or more responsibilities,” age at the time of conviction, and time elapsed since conviction.  Listed violent offenses and offenses that require sex offender registration are “directly related to the practice” per se.

  18. The Division “shall consider” the following as mitigating factors and evidence of rehabilitation: 

    (1) the lack of direct relation of the offense for which the applicant was previously convicted to the duties, functions, and responsibilities of the position for which a license is sought;

    (2) unless otherwise specified, whether 5 years since a felony conviction or 3 years since release from confinement for the conviction, whichever is later, have passed without a subsequent conviction;

    (3) if the applicant was previously licensed or employed in this State or other states or jurisdictions, the lack of prior misconduct arising from or related to the licensed position or position of employment;

    (4) the age of the person at the time of the criminal offense;

    (4.5) if, due to the applicant’s criminal conviction history, the applicant would be explicitly prohibited by federal rules or regulations from working in the position for which a license is sought;

    (5) successful completion of sentence and, for applicants serving a term of parole or probation, a progress report provided by the applicant’s probation or parole officer that documents the applicant’s compliance with conditions of supervision;

    (6) evidence of the applicant’s present fitness and professional character;

    (7) evidence of rehabilitation or rehabilitative effort during or after incarceration, or during or after a term of supervision, including, but not limited to, a certificate of good conduct under Section 5-5.5-25 of the Unified Code of Corrections or certificate of relief from disabilities under Section 5-5.5-10 of the Unified Code of Corrections; and

    (8) any other mitigating factors that contribute to the person’s potential and current ability to perform the job duties.

    Id. at 2105/2105-131. In 2019, the legislature amended 2105/2105-131(a) to clarify that “mitigating factors” such as the time frames in subsection (2) above are intended solely as guidance to the Division and do not bar licensure. See H2670 (2019).

  19. (Note: nothing indicates that health care workers licensed by the Department of Financial and Professional Regulation are excluded from the above provisions that prohibit the consideration of certain criminal records in licensing. Still, certain provisions provide that a license can be revoked notwithstanding other laws based on certain convictions.  For example, convictions for enumerated forcible felonies and sex offenses are grounds for revoking health care license “notwithstanding” any other law. See id., 2105/2105-165(a).)