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Illinois Clean Slate Law: Automatic Sealing (2026)

Clean Slate Act (Public Act 104-0459, House Bill 1836, 104th General Assembly)

Last updated: (official sources checked)Enacted — not yet operating

Quick Answer

Illinois's Clean Slate Act took effect June 1, 2026, but automatic sealing does not start until January 1, 2029, and older records are phased in through 2034, subject to state funding. Court clerks begin sealing municipal ordinance violations and Class C misdemeanors on January 1, 2028.

The law already made one change you can use now: since June 1, 2026 the wait to petition to seal most misdemeanors, and completed probation or conditional discharge, is 2 years. DUI, homicide, Class X felonies, sex offenses and other listed crimes will not be sealed automatically. Until automation begins, sealing still requires a petition.

Is it operating yet?

As of Oct. 12, 2026, the law is in effect but no records are being sealed automatically yet. Under 5.2(k), the Illinois State Police starts automatic sealing on Jan. 1, 2029 and then runs it at least quarterly; circuit clerks have 90 days after ISP notice to seal electronic records. Existing records are done in phases. ISP must identify and seal records created July 1, 2005 to Jan. 1, 2029 by Jan. 1, 2030, records from July 1, 1990 to July 1, 2005 by Jan. 1, 2031, and records from July 1, 1970 to July 1, 1990 by Jan. 1, 2032. Clerks' last deadline is Jan. 1, 2034. ISP's duties depend on the legislature providing funding. Separately, clerks start sealing municipal ordinance violation and Class C misdemeanor records on Jan. 1, 2028. A Clean Slate Task Force is overseeing the rollout and reports to the General Assembly each year.

Sources: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(2); § 5.2(k)(2)(A); § 5.2(k)(2)(B); § 5.2(k)(2)(C); +2 more); 20 ILCS 2630/5.3 (Illinois Clean Slate Task Force) (§ 5.3(a); § 5.3(g)); Office of the Governor, 'Gov. Pritzker Signs Bipartisan Clean Slate Act' (Jan. 16, 2026) ('Transitioning to an Automated System'; Quote from ISP Director)

The law

House Bill 1836 was approved by the Governor on January 16, 2026 as Public Act 104-0459, and it took effect June 1, 2026. It amended Sections 2.1, 5.2, 13 and 14 of the Criminal Identification Act, added Section 5.3 (Clean Slate Task Force), and amended Sections 1-8 and 5-901 of the Juvenile Court Act. It added subsection 5.2(k), automatic sealing starting Jan. 1, 2029, and subsection 5.2(l), automatic clerk sealing of municipal ordinance violations and Class C misdemeanors starting Jan. 1, 2028. It also cut the petition-sealing wait for misdemeanors and completed probation/conditional discharge to 2 years.

Sources: Illinois General Assembly, Bill Status of HB1836 (104th GA) (Actions table / Public Act line); Public Act 104-0459 (HB1836 enrolled text) (Section 1 (short title); Section 1; Section 10); 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2 source note; § 5.2(k)(2); § 5.2(l) Municipal ordinance violations and Class C misdemeanors; § 5.2(c)(3)(B)); Office of the Governor, 'Gov. Pritzker Signs Bipartisan Clean Slate Act' (Jan. 16, 2026) (Press release, first paragraph)

What automatic sealing does

Records are sealed (impounded) without a petition. They are kept, but a court, the Illinois State Police, an arresting agency, or a prosecutor must answer outside inquiries as if the records never existed. Law enforcement, prosecutors, courts, and anyone with a specific legal authorization can still access them. This is sealing, not expungement: the Act does not destroy records.

Sources: Public Act 104-0459 (HB1836 enrolled text) (Section 1); 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(2); § 5.2(l) Municipal ordinance violations and Class C misdemeanors); 20 ILCS 2630/5.3 (Illinois Clean Slate Task Force) (§ 5.3(a))

Records covered and waiting periods

Non-conviction records (released without charging, acquittal, dismissal, reversed or vacated conviction)

Waiting period
Immediately; for cases that end on or after Jan. 1, 2029, sealed right after the final disposition
Conditions
You can't be serving a sentence or have pending charges. DUI and other 5.2(a)(3) exclusions and minor-traffic limits still apply.

Source: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(5)(A); § 5.2(k)(4) Automatic Sealing of Nonconviction Records; § 5.2(k)(3)(A))

Successfully completed court supervision and qualified probation

Waiting period
2 years after the supervision or probation ends
Conditions
Not currently serving a sentence; no pending charges; not excluded by 5.2(a)(3).

Source: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(5)(B); § 5.2(k)(3)(A); § 5.2(k)(3))

Misdemeanor convictions

Waiting period
2 years after the sentence for that record ends
Conditions
Not currently serving a sentence; no pending charges; not excluded by 5.2(a)(3) (e.g., DUI, domestic battery, protective-order violations) or 5.2(k)(3).

Source: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(5)(C); § 5.2(k)(3); § 5.2(k)(3)(A))

Felony convictions (eligible classes; Class X excluded)

Waiting period
3 years after the sentence for that record ends
Conditions
None of your felony records are sealed until every one of your eligible felony records has met its waiting period. You can't be serving a sentence or have pending charges, and the offense can't be on the 5.2(a)(3) or 5.2(k)(3)(B) exclusion lists.

Source: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(5)(D); § 5.2(k)(3)(D); § 5.2(k)(3)(A))

Municipal ordinance violations and Class C misdemeanors (subsection 5.2(l))

Waiting period
1 year after the case is closed; clerks seal on Jan. 1 and July 1 each year starting Jan. 1, 2028
Conditions
Clerks seal these without a petition, whether the case ended in a conviction or not.

Source: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(l) Municipal ordinance violations and Class C misdemeanors)

Not cleared automatically

  • Anything excluded from petition sealing under 5.2(a)(3): DUI, sexual offenses against minors, most reckless driving, domestic battery, protective-order and no-contact-order violations, most Article 11 sex offenses, Humane Care for Animals Act and dog-fighting offenses, and offenses requiring sex offender registration.

    Source: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(3); § 5.2(a)(3)(A); § 5.2(a)(3)(C)(i); § 5.2(a)(3)(C)(ii); +2 more)

  • Convictions for Article 9 offenses (homicide) or Article 11 offenses (sex offenses, except Section 11-14 prostitution), Class X felonies, and felonies requiring public sex offender registration.

    Source: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(3)(B))

  • Any 'crime of violence' as defined in the Drug Court Treatment Act. This includes murder, armed robbery, arson, kidnapping, stalking, aggravated stalking, home invasion, aggravated vehicular hijacking, aggravated battery or aggravated domestic battery causing great bodily harm or permanent disability, and any offense involving the discharge of a firearm.

    Sources: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(3)(B)); 730 ILCS 166/20 (Drug Court Treatment Act) (§ 20(b)(4) definition of "crime of violence")

  • Convictions for trafficking in persons or involuntary servitude, organized retail crime, robbery, vehicular hijacking, Class 1 or 2 burglary, or residential burglary, plus any other records in the same case number as an excluded conviction.

    Source: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(3)(B); § 5.2(k)(3)(C))

  • No records are sealed automatically while you are serving any sentence, supervision, or qualified probation in Illinois, or while you have pending charges.

    Source: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(3)(A))

  • The Act does not make any offense sealable that wasn't already sealable by petition.

    Sources: Office of the Governor, 'Gov. Pritzker Signs Bipartisan Clean Slate Act' (Jan. 16, 2026) ('Individuals Not Eligible'); 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(3))

How to check whether your record was cleared

Who can still see a cleared record

If automatic relief does not cover your record

The Clean Slate Act doesn't take away your right to petition. Until automatic sealing starts, and for any record it doesn't cover, you can file the Supreme Court-approved 'Request to Expunge and/or Seal Criminal Records' with the circuit clerk in each county where you were arrested or charged. Petition sealing waits are 2 years for misdemeanors, supervision, qualified probation, and probation/conditional discharge completed without revocation, and 3 years for other felonies. Some convictions excluded from automatic sealing, such as robbery or Class X felonies, can still be sealed by petition at the judge's discretion if they are not on the 5.2(a)(3) list.

Sources: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(12); § 5.2(d)(1); § 5.2(c)(3)(B); § 5.2(c)(3)(C); +1 more); Office of the Illinois Courts, How to Clear Your Criminal Record: Expungement & Sealing (ATJ 2900.11, 09/26) (p. 12); Office of the Governor, 'Gov. Pritzker Signs Bipartisan Clean Slate Act' (Jan. 16, 2026) ('Individuals Not Eligible')

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Official links

Frequently Asked Questions

Is the Illinois Clean Slate Act sealing records automatically right now?
No. The Act took effect June 1, 2026, but automatic sealing under 5.2(k) doesn't begin until Jan. 1, 2029, and older records are phased in through 2034. Automatic sealing of municipal ordinance violations and Class C misdemeanors starts Jan. 1, 2028. Until then, you have to file a petition to seal or expunge.

Sources: Illinois General Assembly, Bill Status of HB1836 (104th GA) (Actions table / Public Act line); 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(2); § 5.2(k)(2)(C); § 5.2(l) Municipal ordinance violations and Class C misdemeanors; § 5.2(k)(12))

Will the Clean Slate Act seal a DUI, domestic battery, or violent felony?
No. DUI, domestic battery, and the other offenses excluded from petition sealing are also excluded from automatic sealing. Homicide, sex offenses, Class X felonies, crimes of violence (including stalking and armed robbery), robbery, vehicular hijacking, residential burglary, and Class 1 or 2 burglary are also excluded from automatic sealing.

Sources: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(3); § 5.2(a)(3)(A); § 5.2(k)(3)(B)); 730 ILCS 166/20 (Drug Court Treatment Act) (§ 20(b)(4) definition of "crime of violence"); Office of the Governor, 'Gov. Pritzker Signs Bipartisan Clean Slate Act' (Jan. 16, 2026) (Press release, first paragraph)

Can I still file a petition instead of waiting for 2029?
Yes. The Act says it doesn't limit your right to petition. Since June 1, 2026, the petition-sealing wait is 2 years after your last sentence for misdemeanors and for probation or conditional discharge completed without revocation, and 3 years for other felonies.

Sources: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(12); § 5.2(c)(3)(B); § 5.2(c)(3)(C)); Office of the Illinois Courts, How to Clear Your Criminal Record: Expungement & Sealing (ATJ 2900.11, 09/26) (p. 8, 'What Types of Offenses CAN be Sealed?')

If my record is sealed automatically, can employers still see it?
Most private employers can't. Courts, police, and prosecutors still can. Employers and licensing agencies that must run fingerprint background checks under state or federal law can still see sealed conviction records.

Sources: Office of the Governor, 'Gov. Pritzker Signs Bipartisan Clean Slate Act' (Jan. 16, 2026) ('Access to Records'); 20 ILCS 2630/13 (Criminal Identification Act) (§ 13(b))

How will I know whether my record was sealed automatically?
Ask the Illinois State Police through the Access and Review process. ISP must give you written confirmation on request. If a record was missed, you can file a record challenge form.

Sources: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(k)(10); § 5.2(k)(11)); Illinois State Police, What's on My Record (Access and Review) (Viewing My Record)

Does the Clean Slate Act expunge (destroy) records?
No. It seals records: they are kept but impounded and hidden from the public. Expunging an eligible arrest, supervision, or qualified probation still requires a petition.

Source: 20 ILCS 2630/5.2 (Criminal Identification Act) (§ 5.2(a)(1)(K)(ii) definition of "seal" for automatic sealing; § 5.2(k)(7)(B); § 5.2(b)(1))

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This is informational only, not legal advice. Whether a particular record qualifies depends on the exact offense, sentence, dates and later cases. Confirm with the court, the state records agency or a legal aid office before relying on a record being cleared.

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