Illinois becomes 13th state to create automatic records relief process for individuals with non-violent criminal convictions

Governor JB Pritzker signed the bipartisan Clean Slate Act (HB 1836), a law that will automate the state’s record-sealing system process for individuals with certain non-violent convictions following a waiting period. Individuals with violent and serious convictions including murder, domestic battery, DUI, sex crimes, and other serious crimes are not eligible for record sealing under the Clean Slate Act. The bill also does not apply to any crimes that aren’t already eligible for sealing. 

“For too long, we have been shutting doors for Illinoisans coming home from incarceration after serving their time for non-violent offenses. This bipartisan legislation is about empowering eligible people who seek a second chance to make their own choices about their future, giving them the best opportunity to come back home and get themselves on the right path,” said Governor JB Pritzker. “Throughout my time as Governor, we have vigorously pursued common sense, humane criminal justice policies like this one that make our communities safer and give people a real chance for a better life.”

The current record-sealing process varies for all 102 counties in Illinois and is often tedious and complex — relying on the individual to file a petition, obtain legal representation, and make court appearances, all resulting in significant costs. These challenges can deter eligible individuals under current sealing laws from pursuing this process entirely, hindering economic opportunities once an individual has served their time. 

Illinois’ automated record-sealing process will become one of the most comprehensive programs in the country — ultimately providing roughly two million eligible Illinoisans with increased access to meaningful employment, housing, and educational opportunities and ensuring that unnecessary and extra-judicial punishment do not continue long after they have completed their court-imposed sentence.

Eligible Individuals: 

  • After completion of a sentence and a two-year (misdemeanor) or three year (felony) waiting period, eligible individuals’ records will be automatically sealed for qualifying misdemeanor and felony convictions. 
  • The records of individuals with dismissed or reversed charges, as well as the records of the underlying arrests, will also be automatically sealed at the conclusion of any case or court process.

Individuals Not Eligible: 

  • The bill does not expand the types of crimes beyond those that are eligible for record sealing under the current law. 
  • Individuals who commit violent and/or serious crimes are NOT eligible to have their records sealed. This includes the convictions listed below.
  • Ineligible convictions include the following: murder, sex offenses, Class X and other violent crimes, DUI, reckless driving, stalking, domestic battery, orders-of-protection violations, Humane Care for Animals Act violations, and more.

Access to Records: 

  • Private companies will no longer have access to sealed records.
  • Law enforcement agencies, prosecutors, and courts will retain complete access. 
  • Employers and licensing agencies regulated by state or federal law — such as schools, park districts, financial institutions, and public transportation agencies — can access sealed conviction records through ISP fingerprint-based background checks.
  • Any entity already authorized by law to access sealed convictions, including state agencies regulating high-sensitive fields, will also retain access.

Transitioning to an Automated System: 

  • The Clean Slate Act includes an implementation timeline to give agencies the necessary time to prepare and transition to the new system. 
  • The Act establishes the Clean Slate Task Force, a five-year oversight body composed of key stakeholders, legislators, advocates, and members of the public. The Task Force will guide implementation by reviewing best practices and case studies from other states, and it will help develop effective communication channels and procedures for accurate record matching. 
  • The Clean Slate Task Force will meet quarterly and report annually to the Illinois General Assembly. 
  • Under the Clean Slate process, ISP will identify records eligible for automatic sealing and notify the circuit clerk in all 102 counties through the statewide e-filing system. Circuit clerks will then seal the records and send notice to arresting agencies.

Economic and Employment Impact:

The estimated cost of the transition is approximately $20 million over the course of five years, which is subject to appropriation by the General Assembly.