Illinois > Statewide > Office Of The State Appellate Defender > Orders (Expunge And Seal)
Order To Expunge - Illinois
| Order To Expunge Form. This is a Illinois form and can be used in Orders (Expunge And Seal) Office Of The State Appellate Defender Statewide . |
|
||||||
 Get this form for FREE as a print-only pdf |
|||||||
|
IN THE CIRCUIT COURT OF THE ___________________JUDICIAL CIRCUIT _____________________________COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS or A MUNICIPAL CORPORATION, vs. _________________________________ Defendant/Petitioner. ) ) ) ) ) ) ) CASE NO. ________________ ORDER TO EXPUNGE Charge:_____________________________ Date of Arrest:________________________ Arresting Authority:______________________________________________________________________ ID #:_____________ Date of Birth:_____________ Sex:_______ Race: ______________________ THIS CAUSE comes before the Court on the Defendant/Petitioner's Petition to Expunge. The Court being fully advised, FINDS: 1. 2. The Defendant/Petitioner has complied with the provisions of 20 ILCS 2630/5.2. The Defendant/Petitioner has never been convicted of a criminal offense, and there are no criminal charges pending against Defendant/Petitioner at the present time. The Defendant/Petitioner was arrested by the Arresting Authority on the date and for the offense stated above, or if no arrest was made, Defendant/Petitioner was charged with the offense on the date stated above. The Defendant/Petitioner was arrested and released without the filing of formal charges; OR The Defendant/Petitioner was charged, but was later acquitted or otherwise released without being convicted; OR The Defendant/Petitioner was convicted, but the conviction was later reversed or vacated; OR The Defendant/Petitioner was released without conviction following a sentence of court supervision, for the offense of: 625 625 625 625 720 720 ILCS 5/3-707 - Operating an Uninsured Motor Vehicle, or ILCS 5/3-708 - Suspended Registration for Noninsurance, or ILCS 5/3-710 - Displaying of False Insurance, or ILCS 5/401.3 - Failure of Scrap Dealer to Keep Records, or ILCS 5/12-3.2 - Domestic Battery, or ILCS 5/12-15 - Criminal Sexual Abuse; 3. 4. and it has been FIVE years since the successful discharge and dismissal from court supervision; OR American LegalNet, Inc. www.FormsWorkFlow.com The Defendant/Petitioner was released without conviction following a sentence of court supervision for an offense which is not set forth above, and it has been TWO years since the successful discharge and dismissal from court supervision, OR The Defendant/Petitioner was released without conviction following a sentence of probation under: 720 ILCS 550/10 - Section 10 of the Cannabis Control Act, or 720 ILCS 570/410 - Section 410 of the Illinois Controlled Substances Act, or 720 ILCS 5/12-4.3 (if charged before January 1, 1996) - Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (Aggravated Battery of a Child, as those provision existed before their deletion by Public Act 89-313), or 20 ILCS 301/40-10 - Section 40-10 of the Alcoholism and Other Drug Dependency Act when the judgment of conviction has been vacated, or 20 ILCS 301/10-102 - Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act (as those provisions existed before their deletion by Public Act 88-80) when the judgment of conviction has been vacated, or Section 10 of the Steroid Control Act (repealed); or 720 ILCS 64 6/70 - Section 70 of the M etham phetamine Control and Comm unity Pro tection Act; and it has been FIVE years since the successful termination of probation. 5. In the case sought to be expunged, the Defendant/Petitioner was not granted court supervision for (1) driving under the influence; (2) reckless driving; or (3) any sexual offense committed against a minor under 18 years of age as a result of this arrest. The Defendant/Petitioner has paid all costs and fees for the filing of this Petition, or has been granted a fee waiver by the Court. The Circuit Clerk has served notice on the Arresting Authority, the Department of the State Police, the State's Attorney and the Chief Legal Officer of the unit of local government affecting the arrest and none of said agencies has filed an objection to the Petition to Expunge within 60 days from the date of service; OR following the filing of an objection, this Court, having heard evidence in the matter, finds that the records should be expunged. 6. 7. IT IS THEREFORE ORDERED as follows: A. That the Petition to Expunge the Defendant/Petitioner's arrest record is GRANTED, and that the official records be EXPUNGED as follows: 1. The Clerk of the Circuit Court SHALL IMPOUND all records of the Petitioner until further order of the court upon good cause shown and shall obliterate the Petitioner's name from the official index required to be kept by the Circuit Court Clerk under Section 16 of the Clerks of Courts Act. 2 American LegalNet, Inc. www.FormsWorkFlow.com 2. The Department of State Police SHALL EXPUNGE all records of the Petitioner together with all photographs, fingerprints and other records of identification taken as a result of the arrest UNLESS the disposition is one enumerated in Paragraph B below. The Arresting Authority SHALL EXPUNGE all records of the Petitioner together with all photographs, fingerprints and other records of identification taken as a result of the arrest. That the Arresting Authority and the Illinois State Police shall request the return of any other law enforcement records relating to the incident set forth in the Petition which have been transferred to the Federal Bureau of Investigation or any other law enforcement agency as a result of said arrest, and SHALL EXPUNGE OR IMPOUND such records as required by this Order. 3. 4. B. That the Department of the State Police, however, shall not expunge but SHALL IMPOUND those records that result in a disposition of supervision for a violation of Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or a similar provision of a local ordinance, or for a violation of Section 12-3.2 or 1215, of the Criminal Code of 1961, or those records that result in a disposition of probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substance Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (repealed), Section 10 of the Steroid Control Act (repealed), Section 10102 of the Illinois Alcoholism and Other Drug Dependency Act (repealed), and Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act. That any arrest records IMPOUNDED by the Department of the State Police may be disseminated only as required by law or to the Arresting Authority, the State'
|
|||||||
