2-702.Petition for a certificate of innocence that the petitioner was innocent of all offenses for which he or she was incarcerated.

Article II. Civil Practice · Part 7. Action for Declaratory Judgment · Last amended 2025 · Last verified July 20, 2026

In one sentenceSection 2-702 lets a person convicted and imprisoned for a felony he or she did not commit petition the circuit court for a certificate of innocence, a finding that opens the door to a compensation claim in the Court of Claims and to expungement and sealing of the arrest record.

Full Text of 735 ILCS 5/2-702

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(a) The General Assembly finds and declares that innocent persons who have been wrongly convicted of crimes in Illinois and subsequently imprisoned have been frustrated in seeking legal redress due to a variety of substantive and technical obstacles in the law and that such persons should have an available avenue to obtain a finding of innocence so that they may obtain relief through a petition in the Court of Claims. The General Assembly further finds misleading the current legal nomenclature which compels an innocent person to seek a pardon for being wrongfully incarcerated. It is the intent of the General Assembly that the court, in exercising its discretion as permitted by law regarding the weight and admissibility of evidence submitted pursuant to this Section, shall, in the interest of justice, give due consideration to difficulties of proof caused by the passage of time, the death or unavailability of witnesses, the destruction of evidence or other factors not caused by such persons or those acting on their behalf.

(b) Any person convicted and subsequently imprisoned for one or more felonies by the State of Illinois which he or she did not commit may, under the conditions hereinafter provided, file a petition for certificate of innocence in the circuit court of the county in which the person was convicted. The petition shall request a certificate of innocence finding that the petitioner was innocent of all offenses for which he or she was incarcerated.

(c) In order to present the claim for certificate of innocence of an unjust conviction and imprisonment, the petitioner must attach to his or her petition documentation demonstrating that:

(1) he or she has been convicted of one or more felonies by the State of Illinois and subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence; and

(2) his or her judgment of conviction was reversed or vacated, and the indictment or information dismissed or, if a new trial was ordered, either he or she was found not guilty at the new trial or he or she was not retried and the indictment or information dismissed; or the statute, or application thereof, on which the indictment or information was based violated the Constitution of the United States or the State of Illinois; and

(3) his or her claim is not time barred by the provisions of subsection (i) of this Section. (d) The petition shall state facts in sufficient detail to permit the court to find that the petitioner is likely to succeed at trial in proving that the petitioner is innocent of the offenses charged in the indictment or information or his or her acts or omissions charged in the indictment or information did not constitute a felony or misdemeanor against the State of Illinois, and the petitioner did not by his or her own conduct voluntarily cause or bring about his or her conviction. The petition shall be verified by the petitioner. (e) A copy of the petition shall be served on the Attorney General and the State's Attorney of the county where the conviction was had. The Attorney General and the State's Attorney of the county where the conviction was had shall have the right to intervene as parties. (f) In any hearing seeking a certificate of innocence, the court may take judicial notice of prior sworn testimony or evidence admitted in the criminal proceedings related to the convictions which resulted in the alleged wrongful incarceration, if the petitioner was either represented by counsel at such prior proceedings or the right to counsel was knowingly waived.

(g) In order to obtain a certificate of innocence the petitioner must prove by a preponderance of evidence that:

(1) the petitioner was convicted of one or more felonies by the State of Illinois and subsequently sentenced to a term of imprisonment, and has served all or any part of the sentence;

(2)(A) the judgment of conviction was reversed or vacated, and the indictment or information dismissed or, if a new trial was ordered, either the petitioner was found not guilty at the new trial or the petitioner was not retried and the indictment or information dismissed; or (B) the statute, or application thereof, on which the indictment or information was based violated the Constitution of the United States or the State of Illinois;

(3) the petitioner is innocent of the offenses charged in the indictment or information or his or her acts or omissions charged in the indictment or information did not constitute a felony or misdemeanor against the State; and

(4) the petitioner did not by his or her own conduct voluntarily cause or bring about his or her conviction. (h) If the court finds that the petitioner is entitled to a judgment, it shall enter a certificate of innocence finding that the petitioner was innocent of all offenses for which he or she was incarcerated. Upon entry of the certificate of innocence or pardon from the Governor stating that such pardon was issued on the ground of innocence of the crime for which he or she was imprisoned, (1) the clerk of the court shall transmit a copy of the certificate of innocence to the clerk of the Court of Claims, together with the claimant's current address; and (2) the court shall enter an order expunging the record of arrest from the official records of the arresting authority and order that the records of the clerk of the circuit court and the Illinois State Police be sealed until further order of the court upon good cause shown or as otherwise provided herein, and the name of the defendant obliterated from the official index requested to be kept by the circuit court clerk under Section 16 of the Clerks of Courts Act in connection with the arrest and conviction for the offense but the order shall not affect any index issued by the circuit court clerk before the entry of the order. The court shall enter the expungement order regardless of whether the petitioner has prior criminal convictions.

All records sealed by the Illinois State Police may be disseminated by the Department only as required by law or to the arresting authority, the State's Attorney, the court upon a later arrest for the same or similar offense, or for the purpose of sentencing for any subsequent felony. Upon conviction for any subsequent offense, the Department of Corrections shall have access to all sealed records of the Department pertaining to that individual.

Upon entry of the order of expungement, the clerk of the circuit court shall promptly mail a copy of the order to the person whose records were expunged and sealed. The clerk shall post in the common areas of the courthouse a notice containing information about grants for exonerated persons and their dependents under Section 62 of the Higher Education Student Assistance Act, including the Internet address of the Illinois Student Assistance Commission. The Illinois Student Assistance Commission shall develop a uniform statewide notice and provide the format of the notice to each clerk.

(i) Any person seeking a certificate of innocence under this Section based on the dismissal of an indictment or information or acquittal that occurred before the effective date of this amendatory Act of the 95th General Assembly shall file his or her petition within 2 years after the effective date of this amendatory Act of the 95th General Assembly. Any person seeking a certificate of innocence under this Section based on the dismissal of an indictment or information or acquittal that occurred on or after the effective date of this amendatory Act of the 95th General Assembly shall file his or her petition within 2 years after the dismissal.

(j) The decision to grant or deny a certificate of innocence shall be binding only with respect to claims filed in the Court of Claims and shall not have a res judicata effect on any other proceedings.

End

Plain-English Summary

Section 2-702 gives wrongly convicted and imprisoned people a direct path to a court finding of innocence, rather than forcing them to seek a pardon — a label the General Assembly found misleading for someone who did nothing wrong. The petitioner files in the circuit court of the county of conviction, asking for a certificate finding that he or she was innocent of every offense for which he or she was incarcerated. The statute directs the court, in weighing the evidence, to account for the practical difficulties that time creates — witnesses who died or disappeared, evidence that no longer exists — none of which the petitioner caused.

To get the case in front of a judge, the petition must attach documentation showing that the petitioner was convicted and imprisoned for one or more felonies and served some or all of the sentence, that the conviction was reversed or vacated and the charges dismissed (or, after a new trial, that the petitioner was acquitted or not retried and the charges dismissed), or that the underlying statute itself violated the federal or state constitution, and that the claim is not time-barred. The petition must also state facts in enough detail for the court to find that the petitioner is likely to succeed at trial in proving innocence and that the petitioner did not voluntarily cause his or her own conviction, and it must be verified and served on both the Attorney General and the State's Attorney of the county of conviction, and either may intervene. At a hearing, the court may take judicial notice of sworn testimony from the earlier criminal case, but only if the petitioner had counsel or knowingly waived that right.

Winning a certificate requires more than pleading these facts — the petitioner must prove them by a preponderance of the evidence at the hearing itself, including the ultimate question of actual innocence and that the petitioner did not bring about his or her own conviction. If the court grants the certificate, the clerk sends a copy to the Court of Claims along with the petitioner's address, so the petitioner can pursue compensation there, and the court also orders the arrest record expunged and sealed, with limited exceptions for law enforcement access on a later arrest or sentencing.

A petition must be filed within two years of the underlying dismissal or acquittal, with a separate two-year window for claims arising before the amendment that added this deadline. And the statute limits how far the certificate reaches: a grant or denial binds only claims filed in the Court of Claims and has no res judicata effect on any other case.

Frequently Asked Questions

What is a certificate of innocence, and why would someone seek one?

It is a circuit court finding that a person was innocent of every offense for which he or she was incarcerated. Section 2-702 created it as an alternative to a gubernatorial pardon, and it opens the door to a compensation claim in the Court of Claims and to expungement of the arrest record.

Who can file a petition for a certificate of innocence under Section 2-702?

Anyone convicted of one or more felonies by the State of Illinois, subsequently imprisoned, and who did not commit the offense. The petition goes to the circuit court of the county where the conviction occurred.

What must the petitioner prove, and by what standard?

By a preponderance of the evidence, the petitioner must show the fact of conviction and imprisonment, that the conviction was reversed or vacated with the charges dismissed (or an acquittal or non-retrial after a new trial, or an unconstitutional underlying statute), actual innocence of the charged conduct, and that the petitioner did not voluntarily bring about the conviction.

What happens once a circuit court grants a certificate of innocence?

The clerk sends a copy to the Court of Claims with the petitioner's current address, which lets the petitioner pursue a claim there. The court also orders the arrest record expunged and the related court and State Police records sealed, subject to limited law enforcement access on a later arrest or sentencing.

Is there a deadline for filing a petition under Section 2-702?

Yes. A petition based on a dismissal or acquittal must generally be filed within two years of that dismissal or acquittal, with a parallel two-year window running from the effective date of the amendment that added this deadline for earlier dismissals or acquittals.

Amendment History

(Source: P.A. 102-538, eff. 8-20-21; 103-1046, eff. 1-1-25.)

Source & verification. Section text and amendment history are reproduced verbatim from the Illinois Compiled Statutes, published by the Illinois Compiled Statutes, Illinois General Assembly / Legislative Reference Bureau. Last verified July 20, 2026. · Official source

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