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Order To Seal Conviction And-Or First Offender Drug Probation 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 And-Or First Offender Drug Probation, 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.
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CASE NO. ________________
ORDER TO SEAL CONVICTION
Charge:_____________________________
Date of Arrest:________________________
Arresting Authority:______________________________________________________________________
Date of Birth:______________ Sex:_______ Race: _____________ ID#: __________________________
THIS CAUSE comes before the Court on the Defendant/Petitioner’s Petition to Seal
Conviction. The Court being fully advised, FINDS:
1.
Defendant/Petitioner was arrested by the Arresting Authority on the date stated above, or
if no arrest was made, Defendant/Petitioner was charged on the date stated above, and
was later convicted of the offense(s) stated above.
2.
Defendant/Petitioner was convicted on ___________________________________.
3.
Defendant/Petitioner completed his/her sentence on _________________________.
4.
The conviction(s) sought to be sealed qualifies for such relief under the provisions of 20
ILCS 2630/5.2(c).
5.
At least 4 years have elapsed since the completion of Defendant/Petitioner’s last sentence
for any criminal offense.
6.
Defendant/Petitioner has paid all costs and fees for the filing of this Petition, or has been
granted a fee waiver by the Court.
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 of local government
affecting the arrest and:
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none of said agencies has filed an objection to the Petition within 60 days from
the date of service; OR
this Court, having heard evidence in the matter, finds that the records should be
sealed.
IT IS THEREFORE ORDERED as follows:
A.
That the Petition to Seal the Defendant/Petitioner’s arrest and/or conviction record
is GRANTED, and the official records be SEALED as follows:
1.
The Clerk of the Circuit Court, the Arresting Agency, and the Department
of State Police SHALL SEAL all records of the Petitioner relating to the
above-referenced arrest and conviction(s) until further order of court, and
the Clerk of the Circuit Court shall obliterate the Petitioner’s name from
the official index required to be kept by the Circuit Court Clerk under
Section 16 of the Clerks of Courts Act.
2.
The Arresting Agency and the Department of State Police 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.
B.
That any arrest and conviction 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.
C.
That in response to an inquiry for such records from anyone not authorized by law
to access such records, the entity receiving such inquiry shall reply as it does when
no records ever existed.
ENTERED:__________________________________, 20____.
_________________________________________
JUDGE
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