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. ________________ PETITION TO EXPUNGE COMES NOW the Defendant/Petitioner, pursuant to 20 ILCS 2630/5.2(b), and petitions the Court to expunge the Defendant’s arrest records from the records of the Arresting Authority, the Circuit Clerk and the Department of State Police with regard to the following arrest: Charge:_____________________________ Date of Arrest:________________________ Arresting Authority:______________________________________________________________________ Date of Birth:________________ Sex:_______ Race: _____________ ID #:_______________________ In support of this Petition, Defendant/Petitioner states as follows: 1. The Defendant/Petitioner has never been convicted of any criminal offense. 2. The Defendant/Petitioner was arrested by the Arresting Authority on the date and for the offense stated above, or if no arrest was made, Defendant/Petitioner was charged with the offense on the date stated above. 3. ‘ ‘ ‘ ‘ The Defendant/Petitioner was arrested and released without the filing of formal charges; OR The Defendant/Petitioner was charged, but was later acquitted or otherwise released without being convicted; OR The Defendant/Petitioner was convicted, but the conviction was later reversed or vacated; OR The Defendant/Petitioner was released without conviction following a sentence of supervision, for the offense of: ‘ ‘ ‘ ‘ ‘ ‘ ‘ 625 625 625 625 720 720 720 ILCS 5/3-707 - Operating an Uninsured Motor Vehicle, or ILCS 5/3-708 - Suspended Registration for Noninsurance, or ILCS 5/3-710 - Displaying of False Insurance, or ILCS 5/401.3 - Failure of Scrap Dealer to Keep Records, or ILCS 5/12-3.2 - Domestic Battery, or ILCS 5/12-15 - Criminal Sexual Abuse, or ILCS 5/1 6A-3 - Retail Theft; and it has been FIVE years since the successful discharge and dismissal from supervision; OR American LegalNet, Inc. www.FormsWorkFlow.com ‘ 4. The Defendant/Petitioner was released without conviction following a sentence of supervision for an offense which is not set forth above, and it has been TWO years since the successful discharge and dismissal from supervision; OR ‘ The Defendant/Petitioner was released without conviction following a sentence of probation under: ‘ ‘ ‘ ‘ ‘ ‘ ‘ 720 ILCS 550/10 - Section 10 of the Cannabis Control Act, or 720 ILCS 570/410 - Section 410 of the Illinois Controlled Substances Act, or 720 ILCS 5/12-4.3 (if charged before January 1, 1996) - Section 12-4.3(b)(1) and (2) of the Criminal Code of 1961 (Aggravated Battery of a Child, as those provisions existed before their deletion by Public Act 89-313), or 20 ILCS 301/40-10 - Section 40-10 of the Alcoholism and Other Drug Dependency Act when the judgment of conviction has been vacated, or 20 ILCS 301/10-102 - Section 10-102 of the Illinois Alcoholism and Other Drug Dependency Act (as those provisions existed before their deletion by Public Act 88-80) when the judgment of conviction has been vacated, or Section 10 of the Steroid Control Act (repealed), or 720 ILCS 64 6/70 - Section 70 of the M etham phetamine Control and Comm unity Protection Act ; and it has been FIVE years since the successful termination of probation. 5. If the Defendant/Petitioner is seeking to expunge felony records listed in paragraph 4 of this Petition, he/she has attached to this petition 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 any illegal substances as defined by the Illinois Controlled Substances Act, the Methamphetamine Control and Community Protection Act and the Cannabis Control Act. 6. In the case sought to be expunged, the Defendant/Petitioner was not granted court supervision for (1) driving under the influence; (2) reckless driving; or (3) any sexual offense committed against a minor under 18 years of age. 7. The Defendant/Petitioner has paid all costs and fees for the filing of this Petition, or has been granted a fee waiver by the Court. 8. There are no criminal charges currently pending against the Defendant/Petitioner in any jurisdiction. WHEREFORE, the Defendant/Petitioner prays that the Defendant’s record of arrest be expunged and/or sealed as allowed by law. DATED:____________________, ______ _________________________________ Defendant/Petitioner 2 American LegalNet, Inc. www.FormsWorkFlow.com VERIFICATION BY CERTIFICATION Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, 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, as to such matters the undersigned certifies as aforesaid he/she verily believes the same to be true. __________________________________ Date _____________________________________ Defendant/Petitioner Subscribed and sworn to before me this _____ day of ___________________, 20____. _______________________________________ Notary/Clerk Received this ___________ day of ____________________________, 20_____. ________________________________________ State’s Attorney or Prosecutor __________________________________________________________________________ Prepared by: Name______________________________ Address____________________________ City/State/Zip_______________________ Atty No.________________________ Attorney for _____________________ Telephone_______________________ 3 American LegalNet, Inc. www.FormsWorkFlow.com