Clearing Your Criminal Record to Restore Your Future
A criminal record in Illinois follows you everywhere — every job application, every apartment search, every background check. Even if you were never convicted, an arrest record alone can cost you opportunities. If you have a criminal record in Joliet or anywhere in Will County, expungement or record sealing may be available to remove or hide that record from public view and give you a genuine fresh start.
At the Law Offices of Jack L. Zaremba, P.C., we help clients throughout Joliet, Will County, and Grundy County petition to expunge or seal their criminal records. Attorney Jack Zaremba understands the complex eligibility requirements under Illinois law and has experience filing petitions, responding to State’s Attorney objections, and arguing before Will County judges when a hearing is required.
Expungement vs. Record Sealing in Illinois
Illinois law provides two distinct forms of record relief under the Criminal Identification Act (20 ILCS 2630/5.2). Understanding the difference is critical to pursuing the right remedy:
Expungement physically destroys or returns your records and removes your name from official indexes. Once expunged, the record is treated as if the arrest or charge never happened. Expunged records are not accessible to anyone — not employers, not landlords, not licensing boards, and not law enforcement. This is the cleanest form of relief available in Joliet.
Sealing hides your records from public view and standard background checks, but the records still exist and can be accessed by law enforcement agencies and certain government bodies. Sealed records do not appear on most employer background checks, which means sealing can still remove the biggest barrier to employment, housing, and education even when expungement is not available.
Who Is Eligible for Expungement in Will County
Expungement is generally available when your case did not result in a conviction. Under Illinois law, you may be eligible to expunge your record if:
- Charges were dismissed — Your case was dropped by the Will County State’s Attorney or dismissed by the court
- You were acquitted — You went to trial and were found not guilty
- Court supervision was successfully completed — Supervision is not a conviction, and most completed supervision dispositions are eligible for expungement after a 2-year waiting period (5 years for domestic battery and certain vehicle offenses)
- Qualified probation was successfully completed — First offender probation for drug offenses under 720 ILCS 570/410 (Section 410 probation), TASC probation, and Second Chance probation can be expunged after a 5-year waiting period
- Governor’s pardon with expungement authorization — A pardon from the Governor that specifically authorizes expungement allows conviction records to be destroyed
- Conviction was vacated or reversed — If your conviction was overturned on appeal or through post-conviction proceedings, the record can be expunged
- Certain cannabis offenses — Under the Cannabis Regulation and Tax Act (410 ILCS 705), certain minor cannabis convictions may qualify for automatic expungement
Important: Most criminal convictions cannot be expunged under Illinois law. If you were convicted and did not receive qualified probation, a pardon, or have the conviction vacated, expungement is generally not available — but sealing may be.
Who Is Eligible for Record Sealing
Record sealing is available for a broader range of offenses than expungement, including many misdemeanor and felony convictions. Under 20 ILCS 2630/5.2, you may petition to seal your record after a 3-year waiting period from the end of your last sentence. Many offenses that cannot be expunged can be sealed.
Offenses that CANNOT be sealed:
- DUI and reckless driving convictions
- Domestic battery convictions
- Sex offenses and offenses requiring sex offender registration
- Violations of orders of protection
- Animal cruelty offenses
- Offenses against minors
- Most violent felonies
If your conviction is not on the exclusion list, sealing may be available. This includes many drug offenses, theft offenses, property crimes, and other non-violent felonies and misdemeanors. An experienced Joliet expungement attorney can review your specific record and determine exactly which entries are eligible.
The Expungement and Sealing Process in Will County
Filing for expungement or sealing in Joliet involves several steps, and the process typically takes 4 to 6 months from filing to final order:
Step 1 — Obtain your criminal record. Request a copy of your criminal history from the Illinois State Police. This record identifies every arrest, charge, and disposition that may be eligible for relief.
Step 2 — Determine eligibility. An attorney reviews each entry on your record against the eligibility requirements of 20 ILCS 2630/5.2. Some entries may be eligible for expungement, others for sealing, and some for neither.
Step 3 — File the petition. A verified petition is filed with the Will County Circuit Court in the county where the arrest or conviction occurred. Filing fees are typically $120 to $160, though fee waivers are available for those who qualify.
Step 4 — Service on parties. The court clerk serves copies of the petition on the Will County State’s Attorney, the Illinois State Police, the arresting agency, and any other required parties.
Step 5 — Objection period. The State’s Attorney and law enforcement agencies have the opportunity to file written objections to the petition.
Step 6 — Hearing (if necessary). If an objection is filed, the court schedules a hearing where both sides present evidence. The judge considers the nature of the offense, the time elapsed, your rehabilitation, employment history, and the State’s reasons for opposing the petition.
Step 7 — Order entered. If the petition is granted, the court enters an order directing the destruction (expungement) or sealing of the specified records. Implementation typically takes 60 to 90 days after the order is entered.
Why Hire an Attorney for Expungement
While Illinois law technically allows you to file an expungement or sealing petition without an attorney, having experienced legal representation significantly increases your chances of success — particularly in Will County where the State’s Attorney’s office reviews petitions carefully and frequently files objections.
Attorney Jack Zaremba handles the entire process: reviewing your complete criminal history, identifying every eligible entry, preparing a thorough petition, and representing you at any hearing. As a former Will County prosecutor, he understands what the State’s Attorney’s office looks for when deciding whether to object, and he prepares petitions that anticipate and address those concerns.
Frequently Asked Questions About Expungement in Joliet
Can a DUI be expunged in Illinois?
DUI convictions cannot be expunged or sealed under current Illinois law. Even DUI court supervision dispositions are subject to a 5-year waiting period for expungement and cannot be sealed. This is one of the reasons fighting a DUI charge at the outset is so critical — a DUI on your record is extremely difficult to remove.
Can a felony conviction be sealed in Illinois?
Many non-violent felony convictions can be sealed under 20 ILCS 2630/5.2, provided the offense is not on the exclusion list and you have waited at least 3 years from the end of your last sentence. Drug offenses, theft offenses, and property crimes are commonly sealed. Violent felonies, sex offenses, and domestic battery convictions cannot be sealed.
How long does the expungement process take in Will County?
The process typically takes 4 to 6 months from filing to the court entering an order. If the State’s Attorney files an objection and a hearing is required, the timeline may be longer. After the order is entered, agencies have approximately 60 to 90 days to implement it and remove the records from their databases.
Will an expunged record still show up on a background check?
Once expungement is complete, the record should not appear on standard background checks. Sealed records also do not appear on most employer background checks. However, some government agencies and law enforcement can still access sealed (but not expunged) records. If a record appears on a background check after expungement, you have legal remedies to compel the reporting agency to remove it.
Related: Return to Criminal Defense for an overview of all related practice areas and defense strategies.
Contact a Joliet Expungement and Record Sealing Attorney
If you have a criminal record that is holding you back from employment, housing, education, or other opportunities in Joliet, Will County, or Grundy County, expungement or sealing may be the solution. Contact the Law Offices of Jack L. Zaremba, P.C. at 815-740-4025 for a free consultation. We will review your record, determine what is eligible, and guide you through every step of the process.