An old arrest or conviction can show up on background checks long after a case is over, and it can make it harder to get a job, rent an apartment or earn a professional license. Both Illinois and Indiana give many people a way to clear or limit access to their records. The rules are different in each state, and the details matter, so here is a plain-language overview.
Expungement vs. sealing
Expungement generally means the record is erased or destroyed. Sealing means the record still exists but is hidden from the public, while certain government agencies can still see it. Illinois uses both terms. Indiana uses “expungement” for a process that, for many convictions, seals the record from public view rather than destroying it.
Illinois: who may qualify
According to Illinois Legal Aid Online:
- Arrests and cases that did not end in a conviction, such as dismissals and acquittals, can generally be expunged.
- Court supervision and qualified probation may be expungeable after a waiting period, depending on the offense.
- Most misdemeanor and felony convictions can be sealed after a waiting period, but some offenses, such as DUI, domestic battery and many sex offenses, cannot be sealed.
- Waiting periods for sealing are commonly measured from the end of your last sentence.
Illinois has also passed a Clean Slate Act that will automate sealing for certain eligible records. As Illinois Legal Aid Online explains in its Clean Slate Act overview, it does not change who can petition for expungement, and timing details are still being implemented.
Indiana: who may qualify
Indiana's expungement law, IC 35-38-9, sets waiting periods based on the type of record. As the Indiana Office of Court Services outlines:
- Arrests without a conviction: generally at least one year after the arrest or charge.
- Misdemeanor convictions: generally at least five years after the conviction.
- Level 6 (or older Class D) felonies: generally at least eight years after the conviction.
- More serious felonies: longer waiting periods, and some offenses are not eligible.
Indiana also generally requires that you have no pending charges, have paid fines and court costs, and have no new convictions during the waiting period. Importantly, Indiana generally allows only one expungement petition in a lifetime, though several convictions can be included at once. That makes it important to get the petition right the first time.
What clearing a record can and can't do
- It can remove or hide the record from most private background checks.
- It may allow you to answer “no” about the record on many job applications, depending on state law and the type of employer.
- It does not erase federal records or records in other states, and some agencies (such as law enforcement) can still access sealed records.
- It may not resolve immigration issues. Non-citizens should get advice before filing.
Records in both states?
If you have records in Illinois and Indiana, each state's process is separate, with its own forms, courts and rules. A plan that looks at both can help you avoid mistakes, such as using up Indiana's one petition too early.
Common questions
Can a DUI be expunged in Illinois?
Generally, a DUI conviction cannot be expunged or sealed in Illinois, though arrests that did not lead to a conviction may be eligible.
Do I need a lawyer to expunge my record?
Not always, but eligibility rules and forms are detailed, and mistakes can cause denials or, in Indiana, use up your one petition.
How long does the process take?
It varies by court and agency, and prosecutors may be given time to object. Plan for several months.
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Sources
- Before filing for expungement or sealing (FAQ), Illinois Legal Aid Online
- What you need to know about the Clean Slate Act, Illinois Legal Aid Online
- Detailed Information on Criminal Case Expungement, Indiana Office of Court Services
- IC 35-38-9: Sealing and Expunging Conviction Records, Indiana General Assembly
This article is for general information and is not legal advice.