Order to Seal Criminal Records (This form replaces CCCR 0321) (Page 1 of 3) Print Form Clear Form (Rev. 12/30/09) CCCR 0320 A 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 SEAL CRIMINAL RECORDS Defendant/Petitioner filed his/her Petition to Seal 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 female Race: _______________________________________ as updated with the Clerk of Court: ___________________________________________________________ ___________________________________________________________________________________________________________________________ This Court, having considered all pleadings 5.2(d)(7), finds that: and objections thereto, and after an evidentiary hearing pursuant to 20 ILCS 2630/ 1. The Defendant/Petitioner was arrested by the arresting authority(ies) on the date(s) and for the municipal ordinance violation(s) or misdemeanor offense(s) stated above. 2. The Defendant/Petitioner was released without charging . 3. The Defendant/Petitioner’s arrest(s) or charge(s) not initiated by arrest a. resulted in acquittal, dismissal, or conviction when the conviction was reversed or vacated; and b. was/were not a minor traffic offense(s)*, and was/were not a felony offense, or c. (1) the felony charge was amended to a misdemeanor or otherwise eligible to be sealed, or (2) the felony charge(s) resulted in first offender probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act, 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, or (3) the charge(s) was/were for, or was/were amended to, a Class 4 Felony offense under Section 11-14 of the Criminal Code of 1961 (prostitution), Section 4 of the Cannabis Control Act (possession prohibited), Section 402 of the Illinois Controlled Substances Act (possession of controlled or counterfeit substance), Section 1 of the Methamphetamine Precursor Control Act, or the Steroid Control Act. The Defendant/Petitioner’s arrest(s) or charge(s) not initiated by arrest resulted in order(s) of supervision successfully completed by the petitioner; and a. was/were not (1) a sexual offense committed against a minor, or 4. ----------------------------------* Minor traffic offense is defined by 20 ILCS 2630/5.2(a)(1)(G) as a petty offense, business offense, or Class C misdemeanor under the Illinois Vehicle Code or a similar provision of a municipal or local ordinance. Pursuant to 20 ILCS 2630/5.2(a)(2), orders of supervision or convictions for minor traffic offenses shall not affect sealing eligibility. (Page 2 of 3) b. c. 5. (Rev. 12/30/09) CCCR 0320 B (2) an offense under Section 11-501 of the Illinois Vehicle Code (driving under the influence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof) or a similar provision of a local ordinance, or (3) an offense under Section 11-503 of the Illinois Vehicle Code (reckless driving; aggravated reckless driving) or a similar provision of a local ordinance, or (4) an offense included in Article 11 of the Criminal Code of 1961 (indecent solicitation of a child; indecent solicitation of an adult; solicitation to meet a child; adultery; fornication; public indecency; sexual exploitation of a child; custodial sexual misconduct; presence within school zone by child sex offenders prohibited; approaching, contacting, residing, or communicating with a child within certain places; sexual misconduct with a person with a disability; sexual relations within families; bigamy; marrying a bigamist; solicitation of a sexual act; soliciting for a prostitute; soliciting for a juvenile prostitute; pandering; keeping a place of prostitution; keeping a place of juvenile prostitution; patronizing a prostitute; patronizing a juvenile prostitute; pimping; juvenile pimping and aggravated juvenile pimping; exploitation of a child; obscenity; child pornography; duty to report child pornography; aggravated child pornography; harmful material; tie-in sales of obscene publications to distributors; posting of identifying or graphic information on a pornographic Internet site; child photography by a sex offender; grooming; traveling to meet a minor) or a similar provision of a local ordinance, except Section 11-14 (prostitution) of the Criminal Code of 1961, or a similar provision of a local ordinance, or (5) an offense under Section 12-15 (criminal sexual abuse), 12-30 (violation of an order of protection), or 26-5 (dog fighting) of the Criminal Code of 1961 or a similar provision of a local ordinance, or (6) an offense defined as a “crime of violence” in Section 2 of the Crime Victims Compensation Act (first degree murder; second degree murder; involuntary manslaughter and reckless homicide; kidnapping; aggravated kidnapping; sexual relations within families; exploitation of a child; child pornography; assault; aggravated assault; battery; domestic battery; aggravated domestic battery; aggravated battery; heinous battery; aggravated battery with a firearm; aggravated battery of a child; reckless conduct; hate crime; stalking; aggravated stalking; criminal sexual assault; aggravated criminal sexual assault; predatory criminal sexual assault of a child; criminal sexual abuse; aggravated criminal sexual abuse; violation of an order of protection; arson; aggravated arson; driving under the influence of intoxicating liquor or narcotic drugs; motor vehicle accidents involving death or personal injuries, provided the victim was a pedestrian or was operating a vehicle moved solely by human power or a mobility device at the time of contact) or a similar provision of a local ordinance, or (7) an offense which is a Class A misdemeanor under the Humane Care for Animals Act (first offense owner’s duties; first offense cruel treatment; first offense depiction of animal cruelty; first offense prohibited acts; first offense teasing, striking or tampering with police animals, service animals, or search and rescue dogs prohibited; first offense lame or disabled horses; first offense horse poling or tripping; first offense poisoning prohibited; first offense confinement or detention during transportation; confinement in motor vehicle; first offense downed animals; first offense guide, hearing, and support dogs); or (8) any offense or attempted offense that would subject the person to registration under the Sex Offender Registration Act (see list at 730 ILCS 150/2(B)); and 3 years have elapsed after the termination of petitioner’s last sentence if the petitioner has never been convicted of a criminal offense, as defined in 20 ILCS 2630/5.2(a)(1)(D ); or 4 years have elapsed after the termination of the petitioner’s last sentence if the petitioner has ever been convicted of a criminal offense, as defined in 20 ILCS 2630/5.2(a)(1)(D). The Defendant/Petitioner’s arrest(s) or charge(s) not initiated by arrest resulted in misdemeanor conviction(s); and a. Was/were not (1) a sexual offense committed against a minor, or (2) an offense under Section 11-501 of the Illinois Vehicle Code or a similar provision of a local ordinance, or (3) an offense under Section 11-503 of the Illinois Vehicle Code or a similar provision of a local ordinance, or (4) an offense included in Article 11 of the Criminal Code of 1961 or a similar provision of a local ordinance, except Section 11-14 of the Criminal Code of 1961 or a similar provision of a local ordinance, or (5) an offense under Section 12-15, 12-30, or 26-5 of the Criminal Code of 1961 or a similar provision of a local ordinance, or (6) an offense defined as a “crime of violence” in Section 2 of the Crime Victims Compensation Act or a similar provision of a local ordinance, or (7) an offense which is a Class A misdemeanor under the Humane Care for Animals Act, or (8) any offense or attempted offense that would subject the person to registration under the Sex Offender Registration Act; and b. 4 years have elapsed after the termination of the petitioner’s last sentence; and 6. The Defendant/Petitioner’s arrest(s) or charge(s) not initiated by arrest resulted in order(s) of first offender probation under Section 10 of the Cannabis Control Act, Section 410 of the Illinois Controlled Substances Act, or Section 70 of the Methamphetamine Control and Community Protection Act; a. 4 years have elapsed after the termination of the petitioner’s last sentence; and (Page 3 of 3) (Rev. 12/30/09) CCCR 0320 C b. The Defendant/Petitioner has attached proof to this Petition that s/he has 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). 7. The Defendant/Petitioner’s arrest(s) or charge(s) not initiated by arrest resulted in Class 4 felony convictions for the following offense(s): a. Section 11-14 of the Criminal Code of 1961 (prostitution), Section 4 of the Cannabis Control Act (possession prohibited), Section 402 of the Illinois Controlled Substances Act (possession of controlled or counterfeit substance), the Methamphetamine Precursor Control Act, or the Steroid Control Act; and b. The petitioner has not had any previous felony record sealed; and c. 4 years have elapsed after the termination of petitioner’s last sentence; and d. For all charges listed in this paragraph 7, except Class 4 felony prostitution, the Defendant/Petitioner has attached proof to this Petition that s/he has 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). 8. 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. IT IS THEREFORE ORDERED as follows: That the Petition to Seal Criminal Records is GRANTED and the official records SEALED as follows: a. The arresting agency(ies), the Illinois State Police, the Clerk of the Circuit Court, and ______________________________ shall seal the records (as defined in 20 ILCS 2630/5.2(a)(1)(K). b. In response to an inquiry for such records from anyone not authorized by law to access such records, the court, the Illinois State Police, or the agency(ies) listed above receiving such inquiry shall reply as it does in response to inquiries when no records ever existed. Prepared by: ENTERED: Attorney Code: ___________________ Name: _______________________________________________ Dated: ____________________________________, ___________ Address: _____________________________________________ City/State/Zip: ________________________________________ ______________________________________________________ Presiding Judge Judge’s No. Telephone: ___________________________________________ DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS