Quick Answer
It typically takes 5-6 months to expunge or seal your record. Here's a general breakdown of the timeline:
60 days for parties to object to your petition
30 days (minimum) to schedule a hearing (if objections are filed)
60 days for agencies to comply with the court order
If you’ve determined that you are eligible for expungement or sealing and are ready to file your petition, one of the first questions you might ask is: How long will it take? Many people hope for immediate results, but unfortunately, this process requires patience.
From the time you file your petition to when your record is fully expunged or sealed, the process generally takes around six months. Here's a detailed explanation of the steps involved:
1. Filing the Petition and Initial Review – 60 Days
Once you file your petition, the County Clerk’s office must serve a copy to the prosecutor, the Illinois State Police, and the arresting agency. (20 ILCS 2630/5.2(d)(4)). These parties have 60 days to file any objections. (20 ILCS 2630/5.2(d)(5)(A)).
2. Hearing (If Objections Are Filed) – 30 Days
If an objection is filed, the court will schedule a hearing to review the petition. The law requires at least 30 days’ notice to all parties before the hearing date. (20 ILCS 2630/5.2(d)(7)). While there is no specified maximum time, court schedules can lead to delays, so the actual hearing may take place much later.
3. Distribution of Court Order – No Timeframe
If the court grants your petition, the judge will issue an order for expungement or sealing. Copies of this order are sent to the Illinois State Police, the prosecutor, the arresting agency, and you. (20 ILCS 2630/5.2(d)(8)). However, the law does not set a specific deadline for how quickly the court must distribute the order.
4. Compliance by Law Enforcement – 60 Days
Once the Illinois State Police receive the court order, they have 60 days to process the expungement or sealing. (20 ILCS 2630/5.2(d)(9)). They are required to confirm compliance by notifying you directly. (20 ILCS 2630/5.2(d)(9)(D)).
Conclusion
The expungement and sealing process in Illinois generally takes 5-6 months from start to finish. It’s important to begin the process as soon as possible, especially if you anticipate needing a clean record for employment, housing, or other opportunities. While the wait can be frustrating, the long-term benefits are worth it—from better job prospects to enhanced housing options and a fresh start.
At Fawell & Associates, we take the stress out of the process by managing every step for you. From determining your eligibility to filing your petition and ensuring compliance with court orders, we handle it all, so you can focus on building your future.
Ready to take the next step? Contact us today or get your free eligibility assessment to see how we can help you achieve a clean slate.
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