Effective January 16, 2026: Illinois has officially joined the growing number of states adopting “Clean Slate” legislation, a law that fundamentally changes how certain criminal records are sealed. The new statute introduces an automated record-sealing process for qualifying non-violent offenses, reducing long-standing barriers tied to criminal history while reshaping what employers and screening providers can access moving forward.
What Is the Illinois Clean Slate Act?
Illinois’ Clean Slate Act creates a statewide system that automatically seals eligible criminal records after an individual has completed their sentence and remained crime-free for a designated waiting period. Rather than requiring individuals to navigate a petition-based court process, record sealing will occur without action from the individual once eligibility criteria are met.
The law applies only to offenses that are already eligible for sealing under existing Illinois law and does not expand eligibility to new offense types.
Which Records Qualify for Automatic Sealing?
- Eligible misdemeanor convictions are sealed after a two-year waiting period
- Eligible felony convictions are sealed after a three-year waiting period
- Dismissed or reversed charges, along with the related arrest records, are sealed automatically once the case concludes
Most qualifying records involve non-violent misdemeanors and Class 1–4 non-violent felonies.
Which Records Are Not Eligible?
Records involving serious or violent offenses remain excluded. These include, but are not limited to:
- Murder and homicide-related offenses
- Sex-related crimes
- Class X felonies and other violent offenses
- Domestic battery and violations of protective orders
- DUI and reckless driving
- Stalking and certain animal welfare violations
These records will continue to appear where legally permitted and remain accessible to law enforcement and courts.
Who Can Still Access Sealed Records?
While sealed records will no longer be available to private background screening companies or the general public, certain entities will retain lawful access, including:
- Law enforcement agencies, prosecutors, and courts
- Employers and licensing bodies governed by state or federal regulations (such as schools, financial institutions, public transportation agencies, and other safety-sensitive industries)
- Authorized state agencies conducting fingerprint-based background checks through the Illinois State Police
For most standard employment screenings, sealed records will no longer be reportable.
Why This Matters
The Clean Slate Act introduces meaningful changes to hiring and background screening practices. As eligible records are automatically sealed, employers may see fewer criminal records appear on background check reports over time. This shift makes adherence to fair chance hiring laws and individualized assessment requirements even more important. Employers operating in regulated or safety-sensitive industries should review whether fingerprint-based screening or statutory access exemptions apply to their hiring programs. In light of these changes, many organizations may also need to update their background screening policies to reflect evolving limitations on record access. Failure to align hiring practices with the new law could increase legal and compliance risk.
Employer Guidance
Implementation will take place over a multi-year timeline, providing employers and background screening providers time to adjust. Organizations operating in Illinois, particularly those hiring at scale or across multiple states, should begin reviewing their background screening packages and disclosure language, evaluating existing adverse action workflows, and confirming compliance with Illinois-specific requirements. Employers in regulated or safety-sensitive industries should also assess whether any statutory access exceptions apply to their screening programs.
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GIS is dedicated to helping organizations navigate compliance throughout the background screening process. As employment and screening laws continue to evolve at the state and local level, our team is here to help. If you have questions about your state’s background screening requirements or how recent legal changes may impact your hiring process, please contact us.