Illinois Governor JB Pritzker signed the Clean Slate Act on January 16, 2026, as Public Act 104-0459. The law will seal many nonviolent criminal records automatically, without the person having to petition a court.
What changed
Today, people in Illinois have to file a petition to seal eligible records. Under the new law, the state will seal many nonviolent records on its own after a waiting period. Automatic sealing is scheduled to begin in 2029 and roll out in phases over several years. Until then, petition-based sealing continues.
What it means for employers
Illinois employers already can't ask about or use sealed or expunged records under the Illinois Human Rights Act. Clean Slate doesn't change that rule. It changes how many records are sealed, and when.
Once sealing starts, a record that appears in an older report or a private database may have been sealed since. Employers should rely on current reports and treat a sealed record as unavailable for hiring decisions.
What employers should do
- Nothing changes yet. Keep the current process until automatic sealing begins.
- Use current reports. Don't reuse an old report for a new hiring decision.
- Keep the assessment. Unsealed convictions still go through the Human Rights Act's six-factor assessment and notice process.
All Illinois background check rules for employers →
FAQ
When does automatic sealing start in Illinois?
It is scheduled to begin in 2029 and roll out in phases.
Can Illinois employers use sealed records?
No. The Illinois Human Rights Act bars employers from asking about or using sealed or expunged records, with narrow exceptions set by law.