Illinois Eviction Record Sealing: Section 9-121 and the Removal Motion

By Steve Levine · Updated November 3, 2026

Short answer: Illinois eviction record sealing is set out in 735 ILCS 5/9-121, which lets a judge seal an eviction court file when the landlord’s case was “sufficiently without a basis in fact or law” and sealing is clearly in the interests of justice. Sealing is mandatory in a few situations, including evictions that follow a foreclosure and cases that wrongly name a minor. The Illinois Supreme Court’s approved form calls it a Motion to Remove Eviction Court File from Public Record.

Illinois also gives tenants a tool most states lack: statewide agreed-order forms that dismiss and seal a case when you keep a settlement. For many renters, that settlement route is the realistic path to a clean file.

Illinois Eviction Record Sealing: Quick Reference

Rule	Illinois	Statute
Discretionary sealing	Case without basis in fact or law (incl. lack of jurisdiction); interests of justice outweigh public interest	735 ILCS 5/9-121(b)
Mandatory sealing	Foreclosure-related cases (9-207.5, 15-1701(h)(6)); cases dismissed under 9-106	735 ILCS 5/9-121(c)
Complaint naming a minor	Dismissed against everyone and immediately sealed	735 ILCS 5/9-106(c)
Post-foreclosure occupants	Records sealed; disclosure only to government or by court order	735 ILCS 5/15-1701(h)(6)
Federal reporting limit	7 years from entry, or longer limitations period	15 U.S.C. § 1681c(a)(2)

When a Judge May Seal: Section 9-121(b)

Under subsection (b), the court must make three findings: the landlord’s action was sufficiently without a basis in fact or law, which can include a lack of jurisdiction; sealing is clearly in the interests of justice; and those interests are not outweighed by the public’s interest in knowing about the record.

The Supreme Court’s instructions for the approved motion translate this into plain examples: you can show the landlord had no reason to file in the first place, or you were never properly served. Strong cases include rent you can prove was paid, a notice that was defective on its face, or a filing against someone who never lived there.

Mandatory sealing under 9-121(c)

Three categories must be sealed. The first two are foreclosure-driven: cases under Section 9-207.5, which governs ending bona fide leases in foreclosed residential property, and cases described in 15-1701(h)(6), covering occupants who would still have lawful possession but for the foreclosure. Those records may be disclosed only to law enforcement or other government representatives unless the court orders otherwise.

The third category appears in the current text of Section 9-106, as amended by Public Act 104-317 (effective January 1, 2026). Under 9-106(b)-(c), a complaint may not name anyone under 18 (unless emancipated). If it does, the case is dismissed in its entirety against all defendants and immediately sealed. A minor named willfully and wantonly may recover reasonable attorney’s fees, actual damages and $1,000 in liquidated damages under subsection (d).

Filing the Motion to Remove an Eviction File

According to the court’s instructions, the process runs like this:

Download the Motion to Remove Eviction Court File from Public Record and a Notice of Court Date for Motion.
Get copies of everything in your court file first, since it may be harder to see once removed.
E-file both forms with the Circuit Clerk in the county where the case was filed and request a court date. There is usually no filing cost, and you can apply for a fee waiver if there is one.
Send copies to every other party, then attend the hearing.

You may file at any time during or after the case, even after an Eviction Order, though the judge may wait until the case ends to rule. In some counties, such as Cook, the clerk hides foreclosure-related files automatically at filing.

Settling Into a Sealed File

Illinois Legal Aid Online describes three statewide agreed orders. An Agreed Dismissal Order ends the case with no eviction judgment and can ask the judge to seal the file. Two Agreed Settlement Orders with a status date, one for tenants who will move and one for tenants who will pay and stay, provide that the case will be dismissed and sealed if you keep your side of the deal.

The catch: if you break a status-date agreement, the landlord can return to the judge, who may enter an eviction order and money judgment. Agree only to a payment schedule or move date you can actually meet.

Screening Reports After Sealing

The court’s instructions are candid about the limits. Removing a file should keep it off new background checks, but it will not change a report that was run before removal, and it does not stop a landlord from reporting a debt or giving a negative reference.

If a sealed case still appears, the CFPB says it should not be on your report. Send the screening company a written dispute with the sealing order. Under 15 U.S.C. § 1681i(a), it must finish reinvestigating within 30 days (extendable by 15) and delete what is inaccurate. Unsealed cases age off under § 1681c(a)(2) seven years after entry, unless the governing limitations period is longer. A landlord who denies you must name the screening company under § 1681m(a). Read our screening report explainer to spot errors.

Worked Example: A Rockford Family

Ana rents a two-bedroom in Winnebago County with her 16-year-old son. Her landlord files an eviction for $1,600 in back rent and lists both Ana and her son as defendants. Because the complaint names a minor, 9-106(c) requires the court to dismiss the case against both of them and seal it immediately.

The landlord may refile against Ana alone under 9-106(e), and the court may not waive his refiling fees. When he does, Ana and the landlord sign an Agreed Settlement Order to pay and stay: $400 a month for four months. She makes every payment, the case is dismissed and sealed, and neither filing should appear on her next screening report.

Frequently Asked Questions

Can I seal an Illinois eviction after I lost?

Yes, you can file the motion after an Eviction Order. You still must show the landlord’s case lacked a basis in fact or law, so losing on the merits makes this hard unless, for example, you were never properly served.

Is a domestic violence lease termination case sealed automatically?

Not under 9-121(c). That subsection points to Section 9-207.5, which covers foreclosure-related lease terminations, not survivors. A survivor would ask for discretionary sealing under 9-121(b).

What happened to Illinois’ COVID-era eviction sealing law?

Section 9-121.5 was repealed by its own terms effective August 1, 2022. Section 9-121 now handles all sealing.

Why does the form say “remove” instead of “seal”?

The Supreme Court’s forms use plain language. The instructions note that some judges and clerks say “impound” for the same thing.

Does sealing erase a money judgment?

No. The motion changes who can see the file, not the outcome, so any judgment you owe remains enforceable.

This page is general information, not legal advice. As a next step, call or text Illinois Court Help at 833-411-1121, visit Illinois Legal Aid Online, or find a program through LSC. Also see sealing rules by state, state eviction processes, Chicago tenant rights and Illinois security deposit law.

Sources

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