Is Your Record Really Clean? Understanding the Illinois “Clean Slate” Act (HB1836) in Springfield

The “Fresh Start” You’ve Been Waiting For?

If you live in Springfield or the surrounding Central Illinois communities, you know that a past mistake can feel like a life sentence. Whether it’s a background check for a state job at the Capitol or a housing application in Chatham, an old arrest record can close doors instantly.

Big news has landed: As of early 2026, the Clean Slate Act (HB1836) is officially law in Illinois.

At [Firm Name], we are fielding calls daily from residents asking: “Does this wipe my record automatically?” The answer is: It depends. While this law is a game-changer for some, it is not a magic wand for everyone—especially regarding DUI and major traffic offenses.

Below, we break down exactly how this amends the Criminal Identification Act (20 ILCS 2630/), what it means for Sangamon County court records, and why you might still need a lawyer to ensure your slate is actually clean.

What is the Clean Slate Act (HB1836)?

Target Keyword: Illinois Clean Slate Act 2026

The Clean Slate Act is designed to automate the clearing of specific low-level records. Previously, even if you were eligible for expungement, the burden was on you to file a petition, pay fees, and navigate the confusing bureaucracy of the Sangamon County Circuit Clerk.

The 3 Biggest Changes:

1. Automatic Expungement for Minor Cannabis: If you have a civil violation under the Cannabis Control Act (up to 30 grams) or the Drug Paraphernalia Control Act, the Illinois State Police (ISP) and local courts must now expunge these records automatically twice a year (Jan 1 and July 1).
2. Expanded Eligibility: The definition of “minor cannabis offense” has been broadened, and the “waiting period” barriers for certain misdemeanors have been lowered.
3. No More Drug Testing: In a major win for fairness, courts can no longer deny your sealing or expungement petition solely because of a positive cannabis test.

Attorney Insight: “Automatic” doesn’t always mean “Immediate.” Government databases are notoriously slow to update. If you have an urgent job application, relying on the automatic process might be risky. It is often faster to file a proactive petition.

The “Elephant in the Room”: Does This Cover DUIs?

Target Keyword: DUI Expungement Springfield IL

This is the most common question we receive. It is critical to understand that HB1836 explicitly excludes major traffic violations, including Driving Under the Influence (DUI).

Under current Illinois statute, a DUI conviction generally cannot be expunged or sealed.

• If you received Court Supervision for a DUI: It is not a conviction, but it still stays on your driving abstract for life and cannot be expunged in most cases.
• If your DUI was Dismissed or you were Acquitted: You are eligible for expungement, but it is not automatic under Clean Slate. You must file a petition to remove the arrest record.

If you are facing a current DUI charge in Sangamon or Menard County, this highlights why fighting the conviction upfront is your only real chance at a clean record later.

Read More About Our DUI Defense Strategies in Springfield

Expungement vs. Sealing: What’s the Difference?

Many of our clients use these terms interchangeably, but legally, they are worlds apart.

1. Expungement (The Gold Standard)

This physically destroys your record. It’s as if it never happened. Your name is removed from the Sangamon County public index.

• Who gets it? Acquittals, dismissals, released without charging, and qualified probation (after a 5-year wait).
• The HB1836 Update: Juvenile arrests (pre-age 17) generally get this automatically now.

2. Sealing (Hidden from Public View)

The record still exists, but the general public (landlords, most employers) cannot see it. However, law enforcement and some sensitive employers (schools, hospitals, government agencies) can still access it.

• Who gets it? Most misdemeanors and many felonies are eligible 3 years after your sentence ends.
• Educational Incentive: If you earned a diploma, degree, or GED during your sentence, you might be eligible to seal your record even sooner.

How to Clear Your Record in Sangamon County (Step-by-Step)

If your offense isn’t covered by the “Automatic” provision of HB1836 (which applies to most non-cannabis offenses), you must follow the formal process. Here is how it works at the courthouse in downtown Springfield:

1. File the Petition: You must file in the county where the arrest occurred. If you were arrested by the Springfield Police Department, you file in Sangamon County.
2. The Objection Period: Once filed, the State’s Attorney, ISP, and the arresting agency have 60 days to object.
   • Real World Issue: If you have unpaid restitution, they will likely object. (Note: Unpaid fines are no longer a valid reason for denial, but restitution is).
3. The Hearing: If there is an objection, you may have to appear before a judge. This is where having a defense attorney is vital. We argue on your behalf, presenting evidence of your rehabilitation, employment history, and character.
4. The Order: If granted, agencies have 60 days to comply.

Frequently Asked Questions (FAQ)

Q: I have a theft conviction from 5 years ago in Springfield. Is it gone now? A: Not automatically. Theft is not a “minor cannabis offense.” However, under the expanded sealing rules, you are likely eligible to petition to have it sealed. [Link: Contact us to review your theft case].

Q: Can I own a gun (FOID Card) after expungement? A: Generally, yes. If your felony conviction is expunged or sealed, your rights to a FOID card may be restored, but the Illinois State Police review process is strict. The Clean Slate Act helps, but appeals are often necessary.

Q: How much does it cost? A: Filing fees vary by county. However, fee waivers are available. HB1836 also supports fee waivers for acquittals and dismissals in certain larger counties, and we can help you apply for these waivers in Sangamon County if you qualify.

Don’t Leave Your Future to an Algorithm

While the Clean Slate Act is a massive step forward for Illinois justice, automation produces errors. We have seen cases where “automatic” expungements were missed due to clerical typos or data merging errors between the ISP and county clerks.

If you want to be 100% certain your background check is clear for that next job interview, do not rely on the system to fix itself.

Ready to clear your name? Contact [Firm Name] today. As experienced Springfield criminal defense attorneys, we can pull your official RAP sheet, verify your eligibility under the new 2026 laws, and handle the paperwork for you.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. The Clean Slate Act (HB1836) is subject to specific effective dates and implementation timelines. Consult an attorney for advice regarding your specific situation.

Use of this blog or sending a contact inquiry does not establish an attorney-client relationship.