Franklin County Expungement & Record Sealing Lawyers
One Old Mistake Should Not Cost You the Next Job.
- Free Expungement Evaluations
- Fixed-Flat Fees with Interest-Free Payment Plans
- Local Southern Illinois Attorneys — No Office Visit Required
Call Today for a Free Expungement Evaluation (618) 316-7322
Clear Your Record. Get Your Future Back.
Benton Expungement & Record Sealing Attorneys Serving Franklin County
Franklin County is a hard-working coal-country community, and it is also one of the highest-volume criminal court counties in Southern Illinois for its size. A lot of good people in Benton, West Frankfort, Christopher, Sesser, and the surrounding towns carry an old arrest or conviction that has nothing to do with who they are today, but it still turns up every time someone runs a background check.
That record can cost you a job at the mine, at SSM Health, at the Walmart in West Frankfort, or any employer that screens applicants. It can block an apartment, a professional license, a CDL, or a program at Rend Lake College. The good news is that Illinois law gives you several ways to clear it, and Olson & Reeves handles the whole process for a fixed-flat fee, with payment plans, because we know cost is a real concern here.
If you have been searching for a Benton expungement attorney or a Franklin County record sealing lawyer near me, you found the right firm. We file expungement and sealing petitions in the Franklin County court, and you do not have to travel to get started. The expungement evaluation is free and can be done by phone or video. Call (618) 316-7322.
Expungement vs. Sealing: Which One Clears a Franklin County Record?
In Illinois, expungement destroys or returns your record so no public agency or private background check can find it. Sealing hides the record from the public but keeps it visible to law enforcement and a few licensing bodies. Expungement is the cleaner result, but it is available in fewer situations than sealing.
Which one applies depends on how your case ended. Cases that did not lead to a conviction — dismissals, acquittals, arrests with no charges, completed supervision — are usually candidates for expungement under 20 ILCS 2630/5.2. Most misdemeanor convictions and many Class 3 and Class 4 felony convictions cannot be expunged but can be sealed. We review every case on your record and tell you which remedy fits each one.
| Expungement | Sealing | |
|---|---|---|
| Effect on the record | Destroyed or returned to you | Hidden from public view |
| Visible to the public? | No | No |
| Visible to police/courts? | No (limited exceptions) | Yes |
| Works for convictions? | Rarely (vacated, pardoned, cannabis) | Many misdemeanors and most Class 3/4 felonies |
Who Qualifies to Clear a Record in Franklin County?
Illinois expungement is generally available when your case did not end in a conviction. That includes arrests where no charges were filed, dismissed cases, acquittals, completed court supervision, completed qualified probation, and vacated or reversed convictions. Each category carries its own waiting period, measured from the date your case or sentence ended, not the date of arrest.
Arrests and Dismissed Cases
An arrest with no charges filed, a case dismissed by the prosecutor, an acquittal at trial, or a finding of no probable cause are all eligible for expungement under 20 ILCS 2630/5.2(b) with no waiting period. A case stricken with leave to reinstate (an “SOL”) requires a short wait of 120 to 160 days before filing.
Court Supervision
A successfully completed sentence of court supervision is not a conviction under Illinois law. Most supervision cases are eligible to be cleared two years after supervision ends. Supervision for domestic battery, criminal sexual abuse, or certain Vehicle Code offenses requires a five-year wait, and supervision for DUI can never be cleared.
Qualified Probation: 710-1410, TASC, Second Chance, OIP
First-offender drug probation under 710-1410, TASC probation, Second Chance Probation, and the Offender Initiative Program are not convictions if completed successfully. These became eligible to clear two years after completion under the Clean Slate Act as of June 1, 2026, and the drug test that used to be required with these petitions is no longer needed.
Vacated or Reversed Convictions
If your conviction was reversed on appeal, vacated, or set aside by the trial court, you are eligible for immediate expungement with no waiting period. If a court found you factually innocent by clear and convincing evidence, that same court can enter the expungement order directly.
Cannabis Convictions
Under the Illinois Cannabis Regulation and Tax Act (410 ILCS 705), most minor cannabis convictions involving 30 grams or less are reviewed and expunged automatically by the Illinois State Police. Convictions involving 30 to 500 grams are not automatic and require a motion to vacate and expunge. We confirm whether your cannabis case has already been cleared or still needs a petition.
The Illinois Clean Slate Act: What Changed June 1, 2026
Governor Pritzker signed the Illinois Clean Slate Act (Public Act 104-0459) on January 16, 2026. It will eventually let the Illinois State Police seal many records automatically, with no petition. But automatic sealing is not expected to begin until 2029, so for now, filing a petition is still the only way to clear a Franklin County record.
Several parts of the Act took effect June 1, 2026 and already help people filing petitions today:
- Shorter waiting periods. The wait to seal most misdemeanor convictions, ordinance violations, completed supervision, and qualified probation dropped to two years. Felony convictions remain at three years.
- No more drug test. The clean drug test that used to be required to seal or expunge a drug conviction has been eliminated.
- The subsequent-felony bar is gone. A later felony conviction no longer automatically blocks sealing of an eligible earlier felony.
- Simpler notice. Notice to municipal legal officers is no longer required in most cases.
When automatic sealing does arrive, it will roll out in phases: records from July 1, 2005 through 2028 are targeted for sealing by January 1, 2031, with older records following through 2034. The Act does not change which offenses are eligible. DUI, reckless driving, domestic battery, sex offenses requiring registration, animal cruelty, and most violent felonies remain off the table.
What this means for you: if a record is costing you a job, an apartment, or a license right now, waiting years for the automatic system is not the answer. We file under current law today and can tell you whether your record will also qualify for automatic sealing later.
Where You File an Expungement in Franklin County
An Illinois expungement or sealing petition is filed in the county where you were arrested or charged. For a Franklin County case, that is the Franklin County Circuit Court in Benton. If you also have cases in other counties, a separate petition has to be filed in each one.
Franklin County sits in the Second Judicial Circuit. Petitions are filed with the Franklin County Circuit Clerk at the Franklin County Courthouse, 100 Public Square in Benton, the newer courthouse on the square, and submitted electronically through Illinois e-filing. Case status is available online through Judici.
Once your petition is filed and served, the Franklin County State’s Attorney, the Illinois State Police, and the arresting agency — often the Benton Police Department, a city department like West Frankfort, the Franklin County Sheriff, or the Illinois State Police on I-57 — each have 60 days to object. Most clean non-conviction petitions clear that window with no objection, and the judge signs the order shortly after. Start to finish, most Franklin County petitions take about four to six months.
What Cannot Be Cleared in Illinois
Some Illinois convictions cannot be expunged or sealed under any circumstances. These include:
- DUI, including court supervision for DUI
- Reckless driving if you were 25 or older at the time
- Domestic battery convictions
- Sex offenses requiring registration
- Violations of an order of protection or no-contact order
- Animal cruelty offenses
- Class X felonies, homicide, and most violent felonies
- Minor traffic offenses
If one of these sits on your record alongside other cases, it does not automatically block relief on the rest. Each case is evaluated on its own.
How Much Does an Expungement Cost?
Illinois expungement filing fees vary by county and generally run from about $60 to $235, including the Illinois State Police processing fee. Juvenile expungements have no filing fee, and fee waivers are available if you meet low-income guidelines. Attorney fees are separate and depend on how many cases are on your record.
We know cost matters in Franklin County. Olson & Reeves charges a fixed-flat fee for expungement and sealing work, so you know the full cost before we file anything, and we offer interest-free payment plans so you can spread it out. Court fees are paid to the Franklin County Circuit Clerk. If you cannot afford the filing fee, we file the fee-waiver application as part of your petition.
Why Franklin County Residents Choose Olson & Reeves
We are local Southern Illinois attorneys who file expungement and sealing petitions in the Franklin County Courthouse and the surrounding Second Circuit counties. We know the court’s filing procedures, the e-filing rules, and the practical pace of the Benton docket, and we put that procedural familiarity to work so your petition is filed correctly the first time.
What sets the firm apart:
- Fixed-flat fees with payment plans. You know the total cost up front, and you can pay it over time, interest-free.
- Free expungement evaluations. An attorney reviews your record before you commit to anything.
- No office visit required. We handle the evaluation by phone or video and can come to you. You do not have to take a day off to get this done.
- Real courtroom experience. If a petition draws an objection or a contested hearing, we are not learning the work for the first time.
Clearing a record often opens the door to restoring firearm rights as well. We handle FOID card and gun rights restoration as a related matter, and you can read more about statewide eligibility on our Southern Illinois expungement and record sealing hub. We also serve nearby communities. See our Marion and Williamson County expungement lawyers page.
Frequently Asked Questions About Benton & Franklin County Expungement
Where do I file an expungement in Franklin County?
You file an Illinois expungement or sealing petition in the county where you were arrested or charged. For a Franklin County case, that is the Franklin County Circuit Court at the courthouse on Public Square in Benton, in the Second Judicial Circuit. Petitions are filed with the Circuit Clerk and submitted through Illinois e-filing.
If your record includes cases from more than one county, a separate petition has to be filed in each county where a case originated. We pull your full criminal history first so nothing is missed and every county is covered.
How long does an expungement take in Benton?
Most Franklin County expungement and sealing petitions take about four to six months from filing to final order. After the petition is served, the State’s Attorney, the Illinois State Police, and the arresting agency each have 60 days to object. If no one objects, the judge usually signs the order soon after that window closes.
A contested petition that draws an objection takes longer because it has to be set for a hearing. After the order is signed, the agencies have another 60 days to clear the records on their end.
Will clearing my record help me get a job in Franklin County?
Yes. Once a record is expunged or sealed, it should not appear on the private background checks employers use for hiring. Under Illinois law, employers cannot ask about expunged or sealed arrests or convictions, and you can lawfully answer “no” when asked whether you have been arrested for that offense.
That matters in a working county like Franklin, where the mines, SSM Health, the schools, and the larger retailers all screen applicants. Some positions that require fingerprinting — healthcare with disqualifying convictions, school employees, law enforcement — can still see sealed records, so we tell you up front which jobs a sealing will and will not cover.
Can a felony be cleared in Illinois?
Most felony convictions cannot be expunged, but many can be sealed. Class 3 and Class 4 felonies, and some Class 2 felonies, are generally eligible for sealing three years after the end of your last felony sentence. Expungement of a felony is limited to vacated or pardoned convictions and certain cannabis cases.
As of June 1, 2026, a later felony conviction no longer automatically blocks sealing of an eligible earlier felony, and the old drug-test requirement is gone. We review every entry on your record to identify which felonies are sealable and which path fits each one.
I can't afford much. Can I still get my record cleared?
Yes. Olson & Reeves charges a fixed-flat fee for expungement and sealing and offers interest-free payment plans, so the cost is predictable and you can spread it out. If you cannot afford the court’s filing fee, Illinois lets you ask the judge to waive it, and we file that fee-waiver application for you when it applies.
We will tell you the full cost at the free evaluation before you owe anything. There is no charge to find out what is on your record and what it would take to clear it.
What does the Clean Slate Act change for my Franklin County record?
As of June 1, 2026, the Clean Slate Act shortened the sealing wait to two years for most misdemeanors, ordinance violations, supervision, and qualified probation, removed the drug-test requirement, and ended the rule that a later felony blocks sealing an earlier one. Automatic sealing with no petition is not expected to begin until 2029.
The Act did not expand which offenses can be cleared. DUI, domestic battery, and the other permanent exclusions stay the same. Until the automatic system is running, a petition is still the fastest way to clear your record, and it may give you more relief than the automatic process will.
Do I have to come to your office or go to court in Benton?
No. We handle the free expungement evaluation by phone or video, and in most uncontested cases you will not need to appear in court at all. You do not have to drive to Mt. Vernon or take time off work to get the process started.
If your petition is one of the rare ones that draws an objection and a hearing is set at the Franklin County Courthouse, we prepare you for it and stand with you. For everything else, we keep it remote and convenient.
Talk to a Franklin County Expungement Lawyer Today
A criminal record does not have to follow you for the rest of your life. If an old case in Benton, West Frankfort, Christopher, or anywhere in Franklin County is standing between you and a job, an apartment, a license, or your firearm rights, we can help. Call (618) 316-7322 or use the form below for a free expungement evaluation. We review your record, tell you plainly what is eligible and what is not, and quote a fixed fee before you commit to anything, by phone or video, with no office visit required.