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Order To Seal Arrest Record Form. This is a Illinois form and can be use in Office Of The State Appellate Defender Statewide.
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Tags: Order To Seal Arrest Record, Illinois Statewide, Office Of The State Appellate Defender
IN THE CIRCUIT COURT OF THE
___________
JUDICIAL CIRCUIT
COUNTY, ILLINOIS
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[] THE PEOPLE OF THE STATE OF ILLINOIS
or
[ ] A MUNICIPAL CORPORATION,
)
)
)
)
)
)
)
w.
DefendantlPetitioner.
CASE NO.
)
ORDER TO SEAL ARREST RECORD
Charge:
_
Date of Arrest
_
Arresting Authority:
_
ID No:
_
Date ofBirth:
Sex:
_
Race:
THIS CAUSE comes before the Court on the DefendantlPetitioner's
Arrest Record. The Court being fully advised, FINDS:
_
Petition to Seal
1.
The DefendantlPetitioner was arrested by the Arresting Authority on the date and for the
municipal ordinance violation, misdemeanor offense or Class 4 violation of 720 ILCS
5/11-14 stated above.
2.
o
The DefendantlPetitioner was released without being convicted; OR
o
The DefendantlPetitioner was found not guilty; OR
o
The DefendantlPetitioner was found guilty but the conviction was reversed; OR
o
The DefendantlPetitioner was released without conviction following a sentence of
supervision, and at least 3 years have elapsed since the completion of
DefendantlPetitioner's term of supervision, or terms of supervision, if more than
one term has been ordered, and DefendantlPetitioner has not been convicted of a
felony or misdemeanor or placed on supervision during such time.
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3.
The DefendantlPetitioner was NOT convicted of or placed on court supervision for any of
the following offenses:
•
625 ILCS 11-501, et. seq. Driving under the Influence of Alcohol, Other Drug or
Drugs, Intoxicating Compound or Compounds or any combination thereof, or
•
a violation of Article 11 of the Criminal Code of 1961, not including prostitution,
or,
•
720 ILCS 5/26-5 Dog Fighting, or
•
a misdemeanor violation that is a crime of violence as defined in Section 2 of the
Crime Victims Compensation Act (740 ILCS 45/2), which includes:
•
720 ILCS 5/12-1 Assault, or
•
720 ILCS 5/12-2 Aggravated Assault, or
•
720 ILCS 5/12-3 Battery, or
•
720 ILCS 5/12-3.2 Domestic Battery, or
•
720 ILCS 5/12-15 Criminal Sexual Abuse, or
•
720 ILCS 5/12-5 Reckless Conduct, or
•
720 ILCS 5/12-15 Criminal Sexual Abuse, or
•
720 ILCS 5/12-30 Violation of an Order of Protection, or
•
510 ILCS 70/1 a misdemeanor violation of the Humane Care for Animals Act, or
•
730lLCS 150/1 any offense or attempted offense that would subject a person to
registration under the Sex Offender Registration Act.
4.
(Check whichever applies):
D
DefendantlPetitioner has no other arrests or convictions in this or any other Illinois
Jurisdiction; OR
D
DefendantlPetitioner has other arrests or convictions, which are listed and attached
to this Petition, pursuant to 20 ILCS 2630/5(h)(7)(A).
5.
The DefendantlPetitioner has paid all costs and fees for the filing of this Petition, or has
been granted a fee waiver by the Court.
6.
The DefendantlPetitioner has paid all fines, costs, fees and restitution in the underlying
case, if any.
7.
The Circuit Clerk has served notice on the Arresting Authority, the Department of the
State Police, the State's Attorney and Chief Legal Officer of the unit oflocal government
affecting the arrest and:
D
that none of said agencies has filed an objection to the Petition within 90 days from
the date of Notice; OR
o
that this Court, having heard evidence in the matter, finds that the records should
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be sealed.
IT IS THEREFORE ORDERED as follows:
A.
That the Petition to Seal the Defendant's arrest record is GRANTED, and the
official records be SEALED as follows:
1.
2.
The Department of State Police SHALL SEAL 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.
3.
The Arresting Authority SHALL SEAL all records of the Petitioner
together with all photographs, fingerprints and other records of
identification taken as a result of the arrest.
4.
B.
The Clerk of the Circuit Court SHALL SEAL 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 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 ofInvestigation or any other
law enforcement agency as a result of said arrest and SHALL SEAL said
records upon their return to the Arresting Authority.
That any arrest records SEALED are subject to inspection and use by the court
for the purposes of subsequent sentencing for misdemeanor and felony violations
and inspection and use by law enforcement agencies, the Department of
Corrections, and State's Attorneys and other prosecutors in carrying out the duties
of their offices. Upon conviction for any offense, the Department of Corrections
shall have access to such sealed records pertaining to DefendantlPetitioner.
ENTERED:
,20
JUDGE
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