Petition to Seal Criminal Records (This form replaces CCCR 0323) (Page 1 of 3) Print Form Clear Form (Rev. 12/31/09) CCCR 0322 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 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: __________________________________ 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). In support of this Petition, Defendant/Petitioner states as follows: 1. The Defendant/Petitioner was arrested by the arresting authority(ies) on the date(s) and for the offense(s) stated above. 2. The Defendant/Petitioner was released without charging; or 3. The Defendant/Petitioner’s arrest(s) or charge(s) not initiated by arrest a. Was for a misdemeanor offense that resulted in acquittal, dismissal, or conviction when the conviction was reversed or vacated; and b. Were not minor traffic offense(s)* and c. The Defendant/Petitioner was not charged with a felony offense, unless (1) the felony charge was amended to a misdemeanor or otherwise eligible to be sealed, or (2) the felony charge 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, or (3) the charge was for, or was 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. 4 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 (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 ----------------------------------* 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 (Page 2 of 3) (Rev. 12/31/09) CCCR 0322 B (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 b. c. 5. 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 “crimes 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. ------------------------20 ILCS 2630/5.2(a)(2), orders of supervision or convictions for minor traffic offenses shall not affect sealing eligiliblity. -----------------------or orders qualified probation terminate on the same day and are last in time, they shall be collectively considered the "last sentence" regarless of whether they were ordered to run concurrently. -----------------------------------------* Last sentence is defined by 20 ILCS 2630/5.2(a)(1)(F) as the sentence, order of supervision or order of qualified probation (as defined by subsection (a)(1)(j), for a criminal offense that terminate last in time in any jurisdiction, regardless of whether the petitioner has included the criminal offense for which the sentence or order of supervision or qualified probation was imposed in his or her petition. If multiple sentences, orders of supervision, or orders of qualified probation terminate on the same day and are last in time, they shall be collectively considered the “last sentence” regardless of whether (Page 3 of 3) (Rev. 12/31/09) CCCR 0322 C 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 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. 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. Dated: ___________________________________________, ____________ __________________________________________________________ Defendant/Petitioner Prepared by: Attorney Code: ___________________ Name: ___________________________________________________ Received this _____________ day of ______________, ____________ Address: _________________________________________________ __________________________________________________ City/State/Zip: ____________________________________________ (State's Attorney/Prosecutor/ISP/Arresting Agency/Chief Local Government Legal Officer) Telephone: _______________________________________________ DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS