Print Form Petition to Expunge and Impound Criminal Records (This form replaces CCCR 0012) Clear Form (Rev. 12/30/09) CCCR 0011 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). ______________________________ ______________________________ ______________________________ ______________________________ ______________________________ PETITION TO EXPUNGE AND IMPOUND CRIMINAL RECORDS Charge(s): ____________________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ Date(s) of Arrest(s): ___________________________________________________________________________________________________ ______________________________________________________________________________________________________________________ Arresting Authority(ies) __________________________________________________________________________________________ ______________________________________________________________________________________________________________________ ___________________________________________________________________ I. D. No. __________________________________________ (ISB, IR, FBI, DCN) Date of Birth: _____________________________ Sex: male female Race: _________________________________ Defendant/Petitioner's Address:* _______________________________________________________________________________________ _____________________________________________________________________________________________________________________ *The law requires that the Defendant/Petitioner promptly notify the circuit court clerk of any change in his/her address during the pendency of the proceeding. 20 ILCS 2630/5.2(d)(2). Failure to do so could result in failure of the Defendant/Petitioner to receive notice of a hearing date, if set, or the Defendant/Petitioner’s original criminal records being mailed to the wrong address. See 20 ILCS 2630/5.2(d)(7) and (a)(1)(D). The above-named Defendant/Petitioner states under oath that: 1. The Petitioner was arrested and/or charged on the date(s) and for the offense(s) stated above, and The Petitioner’s conviction was 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 b. The Petitioner has never been convicted of a criminal offense, as defined by 20 ILCS 2630/5.2(a)(1)(C), and a. 2. Each arrest or charge not initiated by arrest, other than a minor traffic offense* resulted in a. acquittal, dismissal, or the petitioner’s release without charging; and/or b. a conviction that was vacated or reversed; and/or c. an order of supervision and such supervision was successfully completed by the petitioner for an offense other than a sexual offense against a minor, driving under the influence (625 ILCS 5/11-501 or similar provision of local ordinance), reckless driving, or aggravated reckless driving (625 ILCS 5/11-503 or similar provision of local ordinance); and/or (1) 5 years have elapsed following the satisfactory termination of (a) the supervision for those arrests or charges that resulted in orders of supervision under Section 3-707 (Operation of uninsured motor vehicle), 3-708 (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. (2) 2 years have passed following the satisfactory termination of the supervision for any other offenses. (OVER) Rev. 12/30/09) CCCR 0011 B d. an order of qualified probation, as defined by 20 ILCS 2630/5.2(a)(1)(J) for an offense under: Cannabis Control Act Section 10, Illinois Controlled Substances Act Section 410, Methamphetamine Control and Community Protection Act Section 70, Alcoholism and Other Drug Abuse and Dependency Act Section 40-10, Steroid Control Act Section 10, 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); such probation was successfully completed by the Petitioner as defined by 20 ILCS 2630/ 5.2(a)(1)(J); (1) (2) 3. 5 years have elapsed following the satisfactory termination of the qualified probation, and 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); and/or The Petitioner was arrested and released without charging for a minor traffic offense, as defined by 20 ILCS 2630/5.2(a)(1)(B) and (G). 4. Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, 735 ILCS 5/1-109, the undersigned certifies that the statements set forth in this instrument are true and correct, except as to matters therein stated to be on information and belief and as to such matters the undersigned certifies as aforesaid that he verily believes the same to be true. WHEREFORE, the Petitioner asks the Court to expunge and impound his/her arrest records and return the expunged records to Petitioner at the address shown above, or at the address updated by the Petitioner with the Clerk of Court pursuant to 20 ILCS 2630/5.2(d)(2). Dated: __________________________________, ___________ _____________________________________________________ Defendant/Petitioner Prepared by: ________________________________________ Attorney Code: _______________ Address: ____________________________________________ Received this _________ day of _______________, _________ City/State/Zip: ____________________________________ _____________________________________________________ Telephone: ________________________________________ (State’s Attorney/Prosecutor/ISP/Arresting Agency/Chief Local Government Legal Officer) * 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 expungement eligibility. DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS