What Criminal Offenses Can Be Expunged or Sealed in Illinois? A Checklist for Clearing Your Record

If you have a criminal history or record for any reason, one of the most effective ways to move forward is to clear your record through expungement or sealing. But not every case qualifies—and knowing which offenses are eligible is key.

Below is a simple checklist to help you determine whether your Illinois criminal record can be cleared—and whether it might improve your chances of regaining your FOID card.

Offenses That May Be Eligible for Expungement

You may qualify for expungement if:

  • You were arrested but not charged

  • Your case was dismissed

  • You were acquitted at trial

  • You completed court supervision (non-felony only), except for:

    • DUI (not expungeable)

    • Reckless driving (if you were 25 or older)

  • You completed qualified first-offender probation under certain programs, such as:

    • 410/1410 drug probation

    • Second Chance Probation

Note: You cannot expunge convictions, except in very limited juvenile or pardoned cases.

Offenses That May Be Eligible for Sealing

You may qualify for sealing if you were:

  • Convicted of a misdemeanor, except:

    • Domestic battery

    • Violation of an order of protection

    • DUI

    • Sex offenses (except prostitution)

  • Convicted of a Class 4 felony, including:

    • Possession of a controlled substance

    • Theft under $500

    • Criminal damage to property

    • Retail theft

  • Convicted of certain Class 3 felonies, such as:

    • Forgery

    • Deceptive practices

    • Possession with intent (small amounts)

  • Arrested but not convicted (any level)

  • Completed probation for many felonies after a waiting period

Important: Some violent felonies, gun crimes, and sex offenses are permanently non-sealable. But each case is unique—let a qualified attorney review your record before ruling it out.

Offenses That Cannot Be Expunged or Sealed (In Most Cases)

  • DUI convictions

  • Domestic battery convictions

  • Most sex crimes

  • Violent felony convictions

  • Orders of protection (if granted)

  • Gun possession by a felon

That said, even if your case is not eligible for expungement or sealing, you may still have a path to FOID restoration through a formal appeal or court petition—especially if years have passed and you’ve shown rehabilitation.

What Should You Do Next?

  1. Get a copy of your Illinois RAP sheet (criminal background)

  2. Schedule a consultation to review eligibility

  3. File expungement or sealing paperwork in the proper county

  4. Wait for court approval—then move forward with a FOID appeal

We’re Here to Help

At the Law Offices of Richard Waller, we guide clients through the entire process—from clearing criminal records to appealing FOID denials. We know how to present your case to the court and the Illinois State Police so you have the best possible chance of success.

Don't let a mistake from years ago keep you from exercising your rights today.

Say Nothing, Call Me.®

Next
Next

How Expungement or Sealing Your Record Can Help Restore Your FOID Card in Illinois