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Order To Seal Conviction 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 Conviction, Illinois Statewide, Office Of The State Appellate Defender
IN THE CIRCUIT COURT OF THE ___________________JUDICIAL CIRCUIT
_____________________________COUNTY, ILLINOIS
[ ] THE PEOPLE OF THE STATE OF ILLINOIS )
or
)
[ ] A MUNICIPAL CORPORATION,
)
)
vs.
)
)
________________________________________ )
Defendant/Petitioner.
)
CASE NO. ________________
ORDER TO SEAL CONVICTION
Charge:_____________________________
Date of Arrest:________________________
Arresting Authority:______________________________________________________________________
ID No:______________________________
Date of Birth:_____________ Sex:_______
Race: ______________________________
THIS CAUSE comes before the Court on the Defendant/Petitioner’s Petition to Seal
Arrest Record. The Court being fully advised, FINDS:
1.
The Defendant/Petitioner was arrested by the Arresting Authority on the date and for the
municipal ordinance violation or misdemeanor offense stated above.
2.
The Defendant/Petitioner was convicted on ___________________________________.
3.
The Defendant/Petitioner completed his/her sentence on _________________________.
4.
The Defendant/Petitioner was NOT convicted of 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
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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
730 ILCS 150/1 any offense or attempted offense that would subject a person to
registration under the Sex Offender Registration Act.
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4.
At least 4 years have elapsed since Defendant/Petitioner’s last conviction or term of any
sentence, probation, parole or supervision, if any, whichever is last in time and
Defendant/Petitioner has not been convicted of a felony or misdemeanor or placed on
supervision during such time.
5.
(Check whichever applies):
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Defendant/Petitioner has no other arrests or convictions in this or any other Illinois
Jurisdiction; OR
9
Defendant/Petitioner has other arrests or convictions, which are listed and attached
to this Petition, pursuant to 20 ILCS 2630/5(h)(7)(A).
6.
The Defendant/Petitioner has paid all costs and fees for the filing of this Petition.
7.
The Defendant/Petitioner has paid all fines, costs, fees and restitution in the underlying
case, if any.
8.
The Circuit Clerk has served notice on the Arresting Authority, the Department of the
State Police (in an offense required to be reported to the Department), the State’s
Attorney and Chief Legal Officer of the unit of local government affecting the arrest and:
that none of said agencies has filed an objection to the Petition within 90 days from
the date of Notice; OR
that this Court, having heard evidence in the matter, finds that the records should
be sealed.
G
G
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.
The Clerk of the Circuit Court SHALL SEAL all records of the Petitioner
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together with all photographs, fingerprints, and other records of
identification taken as a result of the arrest.
2.
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 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.
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 of Investigation 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 Defendant/Petitioner.
ENTERED:__________________________________, 20____.
_________________________________________
JUDGE
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