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Order To Seal Felony Drug 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 Felony Drug 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,
9
9
vs.
______________________________________
Defendant/Petitioner
)
)
)
)
)
)
)
)
CASE NO._________________
ORDER TO SEAL FELONY DRUG 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
Felony Drug Conviction. The Court being fully advised, FINDS:
1.
The Defendant/Petitioner was arrested by the Arresting Authority on the date and for the
offense(s) stated above.
2.
The Defendant/Petitioner was convicted on ____________________________________.
3.
The Defendant/Petitioner completed his/her sentence on__________________________.
4.
The Defendant/Petitioner has submitted proof that the Defendant/Petitioner has passed a
drug test taken within the 30 days previous to the filing of this Petition which shows the
absence within Defendant/Petitioner’s body of all illegal substances in violation of either
the Illinois Controlled Substances Act or the Cannabis Control Act.
5.
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
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Defendant/Petitioner has not been convicted of a felony or misdemeanor or placed on
supervision during such time.
6.
Defendant/Petitioner has paid all costs and fees for filing this Petition, or has been granted
a fee waiver by the Court.
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, the State’s Attorney or prosecutor charged with prosecuting the case and the
Chief Legal Officer of the unit of local government affecting the arrest and:
9
that none of said agencies has filed an objection to the Petition within 90 days from
the date of the Notice; OR
9
that 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’s record of conviction and related 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
conviction and all related records, including all photographs, fingerprints
and other records of identification taken as a result of the arrest.
3.
The Arresting Authority SHALL SEAL all records of the conviction and
all related records, including 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 conviction
and all related records, including all photographs, fingerprints and other
records of identification taken as a result of the arrest.
That the Arresting Agency 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.
That any records SEALED are subject to inspection and use by the court and
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inspection and use by law enforcement agencies and State’s Attorney’s or other
prosecutors in carrying out the duties of their offices.
C.
That, except as otherwise provided in this order, any records SEALED by the
Clerk of the Circuit Court shall be inspected only upon order of the Court for good
cause shown.
ENTERED:__________________________________, 20____.
_________________________________________
JUDGE
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