Print Form Clear Form (Rev. 12/30/09) CCCR 0013 A Order to Expunge and Impound Criminal Records IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS THE PEOPLE OF THE STATE OF ILLINOIS or __________________________________________________ A MUNICIPAL CORPORATION v. __________________________________________________ Defendant/Petitioner } Case No(s). ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ORDER TO EXPUNGE AND IMPOUND CRIMINAL RECORDS Defendant/Petitioner filed his/her Petition to Expunge and Impound Criminal Records containing the following information: Charge(s): ___________________________________________________________________________________________________ _____________________________________________________________________________________________________ Date(s) of Arrest(s): ____________________________________________________________________________________________ _____________________________________________________________________________________________________ Arresting Authority(ies): _________________________________________________________________________________________ ________________________________________________________________________________________________________________ ________________________________________________ I.D. No. _________________________________________________ (ISB, IR , FBI, DCN) Date of Birth: __________________________ Defendant/Petitioner’s Address: Sex: male as updated with the Clerk of Court: female Race: __________________________________ _________________________________________________ ___________________________________________________________________________________________________________ This Court, having considered all pleadings and objections thereto, and after an evidentiary hearing pursuant to 20 ILCS 2630/5.2(d)(7), finds that: 1. Each arrest or charge not initiated by arrest a. resulted in acquittal, dismissal, or the Petitioner’s release without charging; or b. was a minor traffic offense which resulted in arrest and release without charging; or c. resulted in order(s) of supervision for any offenses not listed in 20 ILCS 2630/5.2(b)(2)(B)(i)* and (b)(2)(C)* and 2 years have passed following the satisfactory termination of the supervision; IT IS ORDERED THAT: a. ___________________________________________________________________________________________________ (Arresting Police Agency) Arresting Police Agency(ies) shall expunge the arrest(s) from its records, as defined by 20 ILCS 2630/5.2(a)(1)(E), within 60 days of the date of service of this Order, unless a motion to vacate, modify, or reconsider the Order is filed pursuant to 20 ILCS 2630/5.2(d)(12). It is further directed that the Arresting Agency(ies) shall request the return of all identification materials from any other repositories and custodians of statistics that were previously notified of this arrest by the Arresting Agency(ies); b. The Illinois State Police, Bureau of Identification, shall expunge their files of the record of this arrest within 60 days of the date of service of this Order, unless a motion to vacate, modify, or reconsider the Order is filed pursuant to 20 ILCS 2630/5.2(d)(12); c. The Circuit Court Clerk shall impound the record of this arrest until further order of the court upon good cause shown and shall obliterate the name of the Petitioner on the official index; *Section 3-707 (Operation of uninsured motor vehicle), 1-708 (Operation of motor vehicle when registration suspended for non-insurance), 3-710 (Display of false insurance card), or 5-401.3 (Scrap processors to keep records) of the Illinois Vehicle Code or similar provision of local ordinance; or under Section 12-3.2 (Domestic battery), 12-15 (Criminal Sexual Abuse), or 16A-3 (Offense of retail theft) of the Criminal Code of 1961. (OVER) (Rev. 12/30/09) CCCR 0013 B d. 2. In response to an inquiry for expunged records, the court, the Illinois State Police, and the Arresting Agency(ies) shall reply as it does to inquiries when no records ever existed. Each arrest or charge not initiated by arrest resulted in a. an order of supervision under Section 3-707, 3-708, 3-710, or 5-401.3 of the Illinois Vehicle Code or similar provision of local ordinance, or under Section 12-3.2, 12-15, or 16A-3 of the Criminal Code of 1961, and 5 years have passed following the satisfactory termination of the supervision; or b. an order of qualified probation for Section 10 of the Cannabis Control Act, 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, Section 10 of the Steroid Control Act, and/or Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 as those provisions existed before their deletion on January 1, 1996, was successfully completed by the Petitioner and 5 years have passed following the satisfactory termination of the qualified probation, and Petitioner has successfully passed a drug test taken within 30 days before the filing of this Petition showing the absence within his or her body of all illegal substances pursuant to 20 ILCS 2630/5.2(d)(3). c. the conviction has been set aside on direct review or on collateral attack and the court determined by clear and convincing evidence that the Petitioner was factually innocent of the charge; or d. the Petitioner was granted a pardon by the Governor which specifically authorizes expungement; IT IS ORDERED THAT: a. ___________________________________________________________________________________________________ (Arresting Police Agency) Arresting Police Agency(ies) shall expunge the arrest(s) from its records, as defined by 20 ILCS 2630/5.2(1)(E), within 60 days of the date of service of this Order, unless a motion to vacate, modify, or reconsider the Order is filed pursuant to 20 ILCS 2630/5.2(d)(12). It is further directed that the Arresting Agency(ies) shall request the return of all identification materials from any other repositories and custodians of statistics that were previously notified of this arrest by the Arresting Agency(ies); b. The Illinois State Police, Bureau of Identification, shall impound their files of the record of this arrest within 60 days of the date of service of this Order, unless a motion to vacate, modify, or reconsider the Order is filed pursuant to 20 ILCS 2630/5.2(d)(12). Records impounded by the Illinois State Police may be disseminated only to the arresting agency(ies), the State’s Attorney, and the court upon a later arrest for the same or a similar offense or for the purpose of sentencing for any subsequent felony, and to the Department of Corrections upon conviction for any offense; c. The Circuit Court Clerk shall impound the record of this arrest until further order of the court upon good cause shown and shall obliterate the name of the Petitioner on the official index; d. In response to an inquiry for expunged records from anyone not authorized by law to access such records, the court, the Illinois State Police, and the Arresting Agency(ies) shall reply as it does to inquiries when no records ever existed. 3. Any order of protection previously entered against the Defendant/Petitioner will, by law, not be expunged and impounded. Any order of protection is maintained in a separate index under the direction of the Clerk of the Circuit Court. Prepared by: Attorney Code: ___________________ ENTERED: Name: ____________________________________________ Dated: Address: _______________________________, ___________ __________________________________________ City/State/Zip: ______________________________________ _________________________________________________ Presiding Judge Judge’s No. Telephone: _________________________________________ * Section 10 of the Cannabis Control Act, 410 of the Illinois Controlled Substances Act, Section 70 of the Methamphetamine Control and Community Protection Act, Section 40-10 of the Alcoholism and Other Drug Abuse and Dependency Act, Section 10 of the Steroid Control Act, and Section 124.3(b)(1) and (2) of the Criminal Code of 1961 as those provisions existed before their deletion on January 1, 1996. DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS