Clear Your Criminal Record in Illinois — Attorney Andrew M. Weisberg Can Guide You Through Expungement and Sealing
A criminal record can follow you for years—sometimes decades—impacting your ability to find employment, secure housing, apply for loans, earn professional licenses, or pursue educational opportunities. Illinois law allows many individuals to expunge or seal their criminal records, giving them a fresh start and a chance to move forward without the weight of past mistakes.
However, the process is far more complex today than it was just a few years ago. With prosecutors—especially in Cook County—objecting to petitions more aggressively than ever, having an experienced attorney is now essential.
If you are considering expungement or sealing in Illinois, attorney Andrew M. Weisberg, a former Cook County prosecutor, can help you navigate every step of this process and fight for the clean record you deserve.
Understanding Expungement and Sealing of Records in Illinois
Expungement and sealing offer different levels of protection:
Expungement
Expungement completely erases your record. To employers, landlords, and most government agencies, it’s as if the arrest or case never occurred.
Sealing
Sealing hides your record from the public and most background checks, though certain law enforcement agencies and licensing boards may still have access.
Both processes provide life-changing benefits, but they are governed by strict rules, eligibility limits, and waiting periods.
Eligibility for Expungement in Illinois
You may be eligible for expungement if:
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You were arrested but never charged
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Your case was dismissed or nolle prosequi
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You were acquitted or found not guilty
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You completed court supervision on certain misdemeanors
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You completed qualified probation (e.g., 410, 710, 1410)
Ineligible for Expungement
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Most convictions (unless reversed, vacated, or pardoned)
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DUI convictions
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Reckless driving (over age 25)
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Sex offenses involving minors
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Certain violent offenses
(These may sometimes be eligible for sealing but not expungement.)
Waiting Periods for Expungement
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Immediate: Not charged, dismissed, acquitted
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2 years: Certain supervisions
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5 years: Qualified probation (410, 710, 1410)
Eligibility for Sealing in Illinois
If expungement is not available, sealing may be an option. Many convictions—misdemeanors and even many felonies—can now be sealed.
You may be eligible to seal your record if:
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You were convicted of many non-violent misdemeanors or felonies
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You successfully completed supervision or probation
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Your case resulted in dismissal or acquittal
Offenses That Cannot Be Sealed
Waiting Periods for Sealing
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Immediate: Acquittal, dismissal, nolle pros
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3-4 years: Most convictions after completion of sentence
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0 years (no wait): Some Class 3 and 4 felonies (post-2020 law)
The Process of Expungement or Sealing in Illinois
The process requires precise preparation:
1. Determine Eligibility
An attorney evaluates your case and determines whether expungement or sealing is possible.
2. File a Petition
Your attorney drafts and files a detailed petition in the county where the arrest or charge occurred.
3. Serve Notice
Prosecutors, the Illinois State Police, and relevant agencies are notified and given a chance to object.
4. Court Hearing
If there are objections—or if the judge wants clarification—a hearing is held, where your attorney argues on your behalf.
5. Court Order
If the judge grants your petition, your record is ordered expunged or sealed.
NEW AND IMPORTANT: Prosecutors Are Objecting Far More Frequently — Contested Hearings Are Now Common
Over the last few years, there has been a dramatic shift in how expungement and sealing petitions are handled throughout Cook County and many other Illinois counties.
In the past:
For decades, prosecutors rarely objected to expungement or sealing petitions, especially when the petitioner met statutory requirements. Most petitions were granted without a hearing.
Now:
Prosecutors—particularly in Chicago—are objecting at an unprecedented rate.
Reasons for this shift include:
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Tougher administrative policies within the State’s Attorney’s Office
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Increased scrutiny of criminal histories for public safety concerns
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A push to oppose relief in cases involving multiple arrests
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More aggressive use of discretionary objections
As a result:
Your petition is now far more likely to face an objection.
When an objection is filed:
✔️ A contested hearing becomes mandatory
✔️ A judge—not the prosecutor—decides your future
✔️ You must present legal arguments and evidence
✔️ You may need to testify or provide supporting documents
✔️ The judge may deny your petition if not properly defended
This is where an experienced attorney becomes indispensable.
Why You Should Not Handle Expungements or Sealings Alone
Because objections are now more common, handling your own expungement is risky. A legal misstep can result in:
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Denial of your petition
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Having to wait years before refiling
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Permanent loss of eligibility for certain cases
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Missing crucial court deadlines
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Improper paperwork that invalidates the petition
A skilled attorney ensures:
✔ Correct eligibility assessment
✔ Proper preparation of documents
✔ Strong written arguments supporting relief
✔ Powerful live advocacy at contested hearings
✔ Protection of your rights throughout the process
With the current climate of increased prosecutorial objections, professional representation is more important than ever.
Why Choose Andrew M. Weisberg for Expungement and Sealing?
Andrew M. Weisberg has extensive experience preparing, filing, litigating, and winning expungement and sealing cases—many of them contested.
As a former Cook County prosecutor, he understands:
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How prosecutors evaluate petitions
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Why they object
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What arguments persuade judges
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How to present the strongest possible case
When you hire Andrew, you receive:
✔ Deep knowledge of expungement and sealing law
✔ Thorough preparation of your petition and documents
✔ Aggressive advocacy at contested hearings
✔ Clear communication and step-by-step guidance
✔ A strategic approach designed to maximize your chances of success
Andrew fights hard to give clients a fresh start and the clean record they deserve.
Frequently Asked Questions About Expungement & Record Sealing in Illinois
What is the difference between expungement and sealing?
Expungement erases your criminal record entirely, as if the arrest or case never happened. Sealing restricts public access to the record, meaning employers and the general public cannot view it, but certain law enforcement and government agencies still can. Both offer significant relief, but expungement provides the cleanest result when available.
Who is eligible for expungement in Illinois?
Eligibility depends on the type of case and the outcome. You may qualify if your case was dismissed, you were found not guilty, the charges were dropped, you completed certain types of supervision, or you completed qualified probation under Sections 410, 710, or 1410. Most convictions cannot be expunged unless you received a gubernatorial pardon authorizing it.
Can convictions be sealed even if they cannot be expunged?
Yes. Many misdemeanor and felony convictions can be sealed, with exceptions such as DUI, domestic battery, most violent crimes, and certain sex offenses. Sealing offers major benefits because it hides the record from nearly all employers and background checks.
How long do I have to wait before I can expunge or seal my record?
Waiting periods depend on the case type. Dismissed cases and not-guilty findings can be expunged immediately. Some supervisions require a five-year wait after completion. Most convictions eligible for sealing require a three-year waiting period after completing the sentence. A lawyer can tell you exactly when you qualify.
Is the expungement or sealing process automatic?
No. Nothing in Illinois happens automatically, even in cases where you are clearly eligible. You must file a petition, serve notice on the State’s Attorney and Illinois State Police, and obtain a court order before a record is cleared.
Why are more expungement petitions being objected to now?
In the past few years, Cook County prosecutors were far more likely to “no-object” to expungement and sealing petitions. Recently, that trend has changed. The Cook County State’s Attorney’s Office is now objecting to petitions at a much higher rate, even for cases that previously would have sailed through. These objections force a contested hearing before a judge, where you must prove why your record should be cleared.
What happens at a contested expungement or sealing hearing?
If the State objects, a judge must decide whether clearing your record serves the interests of justice. You or your attorney must present arguments, evidence of rehabilitation, employment history, community ties, and other factors. Having an attorney is critical, because contested hearings are now far more common and require professional preparation.
Can an expungement or sealing petition be denied?
Yes. Judges consider multiple factors, including the nature of the offense, time since the incident, rehabilitation, employment, and community involvement. A well-prepared petition greatly increases your chance of success.
Can I file an expungement or sealing petition on my own?
You can, but it’s increasingly risky. With objections on the rise and more cases requiring contested hearings, self-filed petitions often fail due to missing documents, incorrect forms, poor explanations, or an inability to argue effectively in court. An attorney ensures the petition is properly drafted, filed, served, and argued.
Will an expunged or sealed record show up on background checks?
Expunged records will not appear on background checks. Sealed records generally will not appear to employers, landlords, or the public, though law enforcement and certain licensing agencies may still access them.
How long does the expungement or sealing process take?
Typically three to six months, but longer when the courts are backed up or when the State files an objection requiring a hearing. Hiring an attorney can help avoid delays and get your petition approved faster.
The Importance of Early Legal Intervention
The sooner you contact an attorney, the sooner your petition can be prepared and filed. Early involvement allows Andrew to:
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Evaluate your eligibility
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Gather necessary documentation
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Prepare supporting evidence
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Anticipate objections
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Develop a winning strategy
With prosecutors now opposing petitions far more often, early legal planning is critical.
Contact the Law Offices of Andrew M. Weisberg Today
If you want to expunge or seal your criminal record in Illinois, do not wait—and do not attempt the process alone.
Andrew M. Weisberg is available 24/7 to provide guidance, answer questions, and begin preparing your petition immediately.
Call Andrew directly at (773) 908-9811
Or submit a request through the Case Review form on the website.
A clean record can change your future.
Let Andrew M. Weisberg put his experience to work for you.
