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2015 CRIMINAL & TRAFFIC EXPUNGEMENT & SEALING PROCEDURAL (State of Illinois Cook County Clerk of the Circuit Court)

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Revised Date 12.30.2014 1
2015 CRIMINAL & TRAFFIC
EXPUNGEMENT & SEALING
PROCEDURAL GUIDE
Including information on: Executive Pardons; Criminal Identity Theft; Certificates of Innocence,
Certificates of Good Conduct, Certificates of Relief from Disabilities, Certificates of Eligibility for Sealing,
and Certificates of Eligibility for Expungement.
PAGE
SECTION ONE – GETTING STARTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
SECTION TWO – DOES MY RECORD QUALIFY FOR EXPUNGEMENT OR SEALING? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3
PART ONE – DOES MY ENTIRE RECORD QUALIFY FOR EXPUNGEMENT? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
PART TWO – DO ANY OF THE CASES ON MY RECORD QUALIFY FOR SEALING?. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6
SECTION THREE – DEFINITIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12
SECTION FOUR – FREQUENTLY ASKED QUESTIONS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14
1. How much does it cost to file my petition?
2. What if I can’t afford the filing fee?
3. Do I have to attach a copy of my rap sheet and certified copies of my dispositions to my petition?
4. Do I have to attach the results of a drug test to my petition?
5. Where do I file my petition?
6. What information do I need to bring with me to the courthouse to file my petition?
7. How many copies should I have of the notice of filing and expungement petition?
8. Can I expunge or seal an Order of Protection?
9. Am I eligible for expungement or sealing if there was an order entered for supervision or conviction of
reckless driving?
10. Can the Clerk’s Office help me fill out my petition?
11. What is a conviction?
12. What is NOT a conviction?
13. Someone else was arrested using my identity. How can I clear my record?
14. What if I was charged as a juvenile?
15. If I wait long enough, isn’t my record automatically expunged?
16. If I was found not guilty, do I still need to file a petition?
17. I was pressured into pleading guilty even though I was innocent. Does that qualify me for expungement?
18. My case could be expunged but the time period has not passed yet. If it is also eligible for sealing, can I seal
it now and expunge it later?
19. I live out of town. Can I do this by mail?
20. How do the police agency that arrested me, the prosecutor who prosecuted me, and any other required
parties find out that I filed my petition?
21. What happens if an objection to my petition is filed with the court?
22. Do I have to appear in court?
23. How long does it take?
24. What is the difference between expungement and sealing?
25. How do I find out if the judge has granted or denied my petition?
26. If the court orders my record expunged or sealed, do I have to take any action?
27. Once my petition is granted, should I get a certified copy of the court’s order?
28. Once my record is expunged or sealed, do I have to tell employers about it?
29. Once my petition is granted, do I have to disclose my expunged or sealed record when I get an occupational
license or certificate?
30. What if my petition is denied?
31. What is a pardon?
32. What is a Certificate of Innocence?
CRIMINAL & TRAFFIC
EXPUNGEMENT & SEALING
PROCEDURAL GUIDE
State of Illinois – First Judicial District
Dorothy Brown, Clerk of the Circuit Court of Cook County
Page 2
33. What is the Certificate of Eligibility for Sealing?
34. What is a Certificate of Eligibility for Expungement?
35. What is a Certificate of Good Conduct?
36. What is a Certificate of Relief from Disabilities?
37. What is the Offender Initiative Program?
SECTION FIVE – COURT FORMS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
This section contains the adult expungement and sealing forms. All court forms are also available online at
www.cookcountyclerkofcourt.org or at the Clerk’s Office.
SECTION ONE – Getting Started
How Do I Start this Process?
Rap Sheet: If you are filing in Chicago (District
1) you will need a copy of your “rap sheet.” If
you are filing in one of our 5 suburban locations,
it is still helpful to obtain a copy of your arrest
information to ensure you are listing all cases on
your petition.
Contact the Chicago Police Department to
request your “Criminal History Record
Information” (CHRI), commonly known as a “rap
sheet.” The Chicago Police Department Access
and Review Division is located at 3510 S.
Michigan Avenue, Chicago, IL 60653, 8:30 a.m.
– 3:30 p.m., (312) 745- 5508. Fingerprints are
taken from 8:00 a.m. to 12:00 p.m. Monday
through Friday. You can pick up your rap sheet
Monday through Friday from 8:30 a.m. to 3:00
p.m. The fee is $16.00.
You may also obtain a rap sheet from the Illinois
State Police (ISP), but it will only contain
information on convictions: ISP Division of
Administration, Bureau of Identification, 260 N.
Chicago St., Joliet, IL, 60432 (815) 740-5160
ext. 2743, www.isp.state.il.us. The fee for non-
fingerprint conviction information is $16.00 and
the fee for fingerprint conviction information is
$20.00.
Use of an Internet background checking company
to obtain your criminal record is not
recommended for the purpose of expungement
or sealing. The records you receive may be
expensive, incomplete, or inaccurate. It is
recommended that you instead go directly to the
source of the records: the police agencies and the
Clerk’s Office.
Certified Copies of Dispositions: If you are
filing in Chicago (District 1), or Markham
(District 6), you will need to purchase certified
copies of your criminal dispositions from the
Clerk’s Office to attach to your petition. The fee
is $9.00 per case.
Do I need a lawyer?
The law was designed to let people clear their
criminal records without an attorney. Also,
lawyers from Cabrini Green Legal Aid Clinic are
available to assist you, for free or for a small fee,
in the Criminal Department in Room 1006 of the
Daley Center, 50 W. Washington St., Chicago,
IL from 9:00 a.m. until 12:00 p.m., Monday
through Thursday (walk-ins only – the first 25
people are served) and Thursdays from 1:00 p.m.
until 4:00 p.m. (walk-ins only – the first 15
people are served) or District 6, 16501 S. Kedzie
Ave., Room 102 J, Markham, IL from 10:00
a.m. until 2:00 p.m. on Wednesdays (walk-ins
only – the first 20 people are served).
State of Illinois – First Judicial District
Dorothy Brown, Clerk of the Circuit Court of Cook County
Page 3
It is helpful to complete this chart. List all your criminal charges and dispositions from
your rap sheet and your certified copies of dispositions:
Case
Number
Charge
Arresting
Agency
Disposition
(If you were
sentenced:)
Date of Successful
Completion of
Sentence
SECTION TWO-Does My Record Qualify for Expungement or Sealing?
Expungement (PART ONE of this Section) is an “all or nothing” remedy. Your entire criminal record must qualify for
expungement; If one case on your record does not qualify for expungement, then no cases on your record can be expunged.
BUT, sealing (PART TWO of this Section) can be done on a case by case basis. So, you can ask for certain cases on your
record to be sealed even if there are other case(s) on your record that do not qualify for expungement or sealing.
CRIMINAL & TRAFFIC
EXPUNGEMENT & SEALING
PROCEDURAL GUIDE
State of Illinois – First Judicial District
Dorothy Brown, Clerk of the Circuit Court of Cook County
Page 4
PART ONE
Does My Entire Record Qualify for Expungement?
1. Check the disposition (the result of the case) on every case in the chart that you completed (see
previous page). Does anything say:
a. Probation (other than first-offender drug probation, known as 710, 1410, Section 10,
Section 410, or 40-10 probation)?
b. Conditional discharge?
c. Fine (without the word “supervision”)?
d. Time considered served?
e. Jail or DOC time?
f. Finding of guilty by a judge or jury (without the word “supervision”)?
If YES, then you have a conviction and none of your records can be expunged. But, some or all
of your records might qualify to be sealed. Skip the remainder of this section and go to Part
Two – Do Cases on My Record Qualify for Sealing?
If NO, then continue to the next question to see if your entire record qualifies for
expungement.
2. NO FINDING OF GUILT NO WAITING PERIOD
You can apply for expungement of your entire criminal record right away if:
a. You were never convicted of any crime; and you were released without charging (including
for a minor traffic offense), you were acquitted, and/or your case(s) were dismissed. Here
are examples of what these disposition types look like: FNG (Finding of Not Guilty), SOL
(Stricken with Leave to Reinstate), FNPC (Finding of No Probable Cause), NP (Nolle
Prosequi), and/or
b. Your conviction(s) were vacated or reversed, or
c. You were granted an Executive Pardon from the Governor which specifically authorizes
expungement.
If your entire criminal record meets these criteria, you can skip the rest of this section and go
straight to Section Five to fill out a PETITION TO EXPUNGE AND IMPOUND form (CCCR
0330), a NOTICE OF FILING form, and an ORDER TO EXPUNGE AND IMPOUND form
(CCCR 0331).
3. SUPERVISION FIVE YEAR WAITING PERIOD
You can apply for expungement of your entire criminal record 5 years after successful completion
of your supervision if:
CRIMINAL & TRAFFIC
EXPUNGEMENT & SEALING
PROCEDURAL GUIDE
State of Illinois – First Judicial District
Dorothy Brown, Clerk of the Circuit Court of Cook County
Page 5
a. You were never convicted of any crime; and there are no supervisions on your record for a
sexual offense against a child, Driving Under the Influence (DUI) or reckless driving; and
b. Your record consists of:
a. Domestic Battery supervision;
b. Criminal Sexual Abuse supervision;
c. Retail Theft supervision 5-year waiting period through 12/31/2011; 2-year waiting
period beginning 1/1/2012;
d. Operation of Uninsured Motor Vehicle supervision;
e. Operation of Motor Vehicle when Registration Suspended for Non-Insurance
supervision;
f. Display of False Insurance Card supervision; and/or
g. Scrap Processors to Keep Records supervision.
If your entire criminal record meets these criteria, and it has been five years since the successful
termination of your supervision, you can skip the rest of this section and go straight to Section Five
to fill out a PETITION TO EXPUNGE AND IMPOUND form (CCCR 0330), a NOTICE OF
FILING form, and an ORDER TO EXPUNGE AND IMPOUND form (CCCR 0331). If your
criminal record has other dispositions on it we have not yet discussed, continue to the next
Question.
4. SUPERVISION TWO YEAR WAITING PERIOD
You can apply for expungement of your entire criminal record 2 years after successful completion
of your supervision if:
a. You were never convicted of any crime; and there are no supervisions on your record for a
sexual offense against a child, driving under the influence (DUI) or reckless driving; and
b. Your record consists of order(s) of supervision for offenses that are not listed in Question
#3, above.
If your entire criminal record meets these criteria, and it has been two years since the successful
termination of your supervision, you can skip the rest of this section and go straight to Section Five
to fill out a PETITION TO EXPUNGE AND IMPOUND form (CCCR 0330), a NOTICE OF
FILING form, and an ORDER TO EXPUNGE AND IMPOUND form (CCCR 0331). If your
criminal record has other dispositions on it we have not yet discussed, continue to the next
Question.
5. PROBATION FIVE YEAR WAITING PERIOD
You can apply for expungement of your entire criminal record 5 years after successful completion
of your probation if:
a. You were never convicted of any crime; and there are no supervisions on your record for a
sexual offense against a child, driving under the influence (DUI) or reckless driving; and
CRIMINAL & TRAFFIC
EXPUNGEMENT & SEALING
PROCEDURAL GUIDE
State of Illinois – First Judicial District
Dorothy Brown, Clerk of the Circuit Court of Cook County
Page 6
b. Your record consists of:
a. Section 10, Cannabis Control Act probation;
b. Section 410, Illinois Controlled Substances Act probation;
c. Section 70, Methamphetamine Control and Community Protection Act probation;
d. Section 40-10, Alcoholism and Other Drug Use Dependency Act probation;
and/or
e. Section 10 Steroid Control Act probation
If your entire criminal record meets these criteria, and it has been five years since the
successful termination of your probation, you can skip the rest of this section and go
straight to Section Five to fill out a PETITION TO EXPUNGE AND IMPOUND form
(CCCR 0330), a NOTICE OF FILING form, and an ORDER TO EXPUNGE AND
IMPOUND form (CCCR 0331). You must attach proof to your Petition that you have
passed a drug test taken with 30 days before the filing of your Petition showing the absence
within your body of all illegal substances. If your criminal record has other dispositions on
it we have not yet discussed, continue to the next Question.
6. If you have gone through all 5 Questions, above, in this Part One, and if you still have questions
about whether your entire record qualifies for expungement, you can talk with a volunteer lawyer
from Cabrini Green Legal Aid Clinic (for a small fee or for free, depending on your financial
circumstances) in the Criminal Department in Room 1006 of the Daley Center, 50 W. Washington
St., Chicago, IL, 9:00 a.m. Monday through Friday (walk-ins only).
PART TWO
Do Any of the Cases on My Record Qualify for Sealing?
If your entire record does not qualify for expungement, you may still be able to seal some or all of the cases on
your record. Sealing, unlike expungement, can be done on a case by case basis. So, you can ask for certain
cases on your record to be sealed even if there are other case(s) on your record that do not qualify for
expungement or sealing.
7. NO FINDING OF GUILT NO WAITING PERIOD
You can immediately apply for sealing of the cases on your record that meet the following criteria:
a. You were released without charging (including for a minor traffic offense), you were
acquitted, and/or your case(s) were dismissed. Here are examples of what these
disposition types look like: FNG (Finding of Not Guilty), SOL (Stricken with Leave to
Reinstate), FNPC (Finding of No Probable Cause), NP (Nolle Prosequi), and/or
b. Your conviction(s) were vacated or reversed.
CRIMINAL & TRAFFIC
EXPUNGEMENT & SEALING
PROCEDURAL GUIDE
State of Illinois – First Judicial District
Dorothy Brown, Clerk of the Circuit Court of Cook County
Page 7
For each case that meets the above criteria, you can apply for sealing right away. Go to Section
Five to fill out a PETITION TO SEAL form (CCCR 0333), a NOTICE OF FILING form, and an
ORDER TO SEAL form (CCCR 0334). If the above criteria does not apply to any of your cases,
or if one or more of your cases meet this criteria but you have more cases on your record, continue
to the next Question to see if any of them qualify for sealing.
8. SUPERVISION THREE or FOUR YEAR WAITING PERIOD
Did any of the cases on your record result in supervision for the following offenses:
a. a sexual offense committed against a minor, or
b. an offense under Section 11-501 of the Illinois Vehicle Code (driving under the influence of
alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof) or a
similar provision of a local ordinance, or
c. an offense under Section 11-503 of the Illinois Vehicle Code (reckless driving; aggravated
reckless driving) or a similar provision of a local ordinance, or
d. an offense included in Article 11 of the Criminal Code of 2012 (indecent solicitation of a
child; indecent solicitation of an adult; solicitation to meet a child; adultery; fornication; public
indecency; sexual exploitation of a child; custodial sexual misconduct; presence within school zone by
child sex offenders prohibited; approaching, contacting, residing, or communicating with a child
within certain places; sexual misconduct with a person with a disability; sexual relations within
families; bigamy; marrying a bigamist; solicitation of a sexual act; soliciting for a prostitute;
soliciting for a juvenile prostitute; pandering; keeping a place of prostitution; keeping a place of
juvenile prostitution; patronizing a prostitute; patronizing a juvenile prostitute; pimping; juvenile
pimping and aggravated juvenile pimping; exploitation of a child; obscenity; child pornography; duty
to report child pornography; aggravated child pornography; harmful material; tie-in sales of obscene
publications to distributors; posting of identifying or graphic information on a pornographic Internet
site; child photography by a sex offender; grooming; traveling to meet a minor) or a similar
provision of a local ordinance, except Section 11-14 (prostitution) of the Criminal Code of
2012, or a similar provision of a local ordinance, or
e. an offense under Sections 11-1.50 (criminal sexual abuse), 12-3.1 (battery of an unborn
child/aggravated battery of an unborn child), 12-3.2 (domestic battery), 12-3.4 (violation of an
order of protection), or 48-1 (dog fighting) of the Criminal Code of 2012 or a similar provision
of a local ordinance, or
f. an offense under Section 125 of the Stalking No Contact Order Act (violation of a stalking no
contact order) or Section 219 of the Civil No Contact Order Act (violation of a civil no contact
order) or a similar provision of a local ordinance, or
g. an offense which is a Class A misdemeanor under the Humane Care for Animals Act (first
offense owner’s duties; first offense cruel treatment; first offense depiction of animal cruelty; first
offense prohibited acts; first offense teasing, striking or tampering with police animals, service animals,
CRIMINAL & TRAFFIC
EXPUNGEMENT & SEALING
PROCEDURAL GUIDE
State of Illinois – First Judicial District
Dorothy Brown, Clerk of the Circuit Court of Cook County
Page 8
or search and rescue dogs prohibited; first offense lame or disabled horses; first offense horse poling or
tripping; first offense poisoning prohibited; first offense confinement or detention during
transportation; confinement in motor vehicle; first offense downed animals; first offense guide,
hearing, and support dogs); or
h. any offense or attempted offense that would subject the person to registration under the
Sex Offender Registration Act (see list at 730 ILCS 150/2(B)).
If YES, then those case(s) do not qualify for sealing.
If you have misdemeanor supervisions for case(s) that are not on the above list, then those case(s)
may qualify for sealing if the waiting period has been met. If you have never been convicted of a
criminal offense, the waiting period is 3 years after the termination of the last sentence on your
record. If you were convicted of any offense, then the waiting period is 4 years after the
termination of the last sentence on your record. Go to Section Five to fill out a PETITION TO
SEAL form (CCCR 0333), a NOTICE OF FILING form, and an ORDER TO SEAL form (CCCR
0334).
If you have other cases on your record, continue to the next Question to see if any of your other
cases qualify for sealing.
9. MISDEMEANOR CONVICTION FOUR YEAR WAITING PERIOD
Did you receive a misdemeanor conviction for any of the following offenses:
a. a sexual offense committed against a minor, or
b. an offense under Section 11-501 of the Illinois Vehicle Code (driving under the influence of
alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof) or a
similar provision of a local ordinance, or
c. an offense under Section 11-503 of the Illinois Vehicle Code (reckless driving; aggravated
reckless driving) or a similar provision of a local ordinance, or
d. an offense included in Article 11 of the Criminal Code of 2012 (indecent solicitation of a
child; indecent solicitation of an adult; solicitation to meet a child; adultery; fornication; public
indecency; sexual exploitation of a child; custodial sexual misconduct; presence within school zone by
child sex offenders prohibited; approaching, contacting, residing, or communicating with a child
within certain places; sexual misconduct with a person with a disability; sexual relations within
families; bigamy; marrying a bigamist; solicitation of a sexual act; soliciting for a prostitute;
soliciting for a juvenile prostitute; pandering; keeping a place of prostitution; keeping a place of
juvenile prostitution; patronizing a prostitute; patronizing a juvenile prostitute; pimping; juvenile
pimping and aggravated juvenile pimping; exploitation of a child; obscenity; child pornography; duty
to report child pornography; aggravated child pornography; harmful material; tie-in sales of obscene
publications to distributors; posting of identifying or graphic information on a pornographic Internet
site; child photography by a sex offender; grooming; traveling to meet a minor) or a similar
CRIMINAL & TRAFFIC
EXPUNGEMENT & SEALING
PROCEDURAL GUIDE
State of Illinois – First Judicial District
Dorothy Brown, Clerk of the Circuit Court of Cook County
Page 9
provision of a local ordinance, except Section 11-14 (prostitution) of the Criminal Code of
2012, or a similar provision of a local ordinance, or
e. an offense under Sections 11-1.50 (criminal sexual abuse), 12-3.1 (battery of an unborn
child/aggravated battery of an unborn child), 12-3.2 (domestic battery), 12-3.4 (violation of an
order of protection), or 48-1 (dog fighting) of the Criminal Code of 2012 or a similar provision
of a local ordinance, or
f. an offense under Section 125 of the Stalking No Contact Order Act (violation of a stalking no
contact order) or Section 219 of the Civil No Contact Order Act (violation of a civil no contact
order) or a similar provision of a local ordinance, or
g. an offense which is a Class A misdemeanor under the Humane Care for Animals Act (first
offense owner’s duties; first offense cruel treatment; first offense depiction of animal cruelty; first
offense prohibited acts; first offense teasing, striking or tampering with police animals, service animals,
or search and rescue dogs prohibited; first offense lame or disabled horses; first offense horse poling or
tripping; first offense poisoning prohibited; first offense confinement or detention during
transportation; confinement in motor vehicle; first offense downed animals; first offense guide,
hearing, and support dogs); or
h. any offense or attempted offense that would subject the person to registration under the
Sex Offender Registration Act (see list at 730 ILCS 150/2(B)).
If YES, then those case(s) do not qualify for sealing.
If you have misdemeanor convictions for case(s) that are not on the above list, then those case(s)
qualify for sealing when 4 years have elapsed since the termination of the last sentence on your
record. Go to Section Five to fill out a PETITION TO SEAL form (CCCR 0333), a NOTICE OF
FILING form, and an ORDER TO SEAL form (CCCR 0334).
If you have other cases on your record, continue to the next Question to see if any of your other
cases qualify for sealing.
10. PROBATION FOUR YEAR WAITING PERIOD
Did you receive probation on any of your case(s) for the following:
a. Section 10, Cannabis Control Act probation;
b. Section 410, Illinois Controlled Substances Act probation;
c. Section 70, Methamphetamine Control and Community Protection Act probation;
d. Section 40-10, Alcoholism and Other Drug Use Dependency Act probation;
and/or
e. Section 10 Steroid Control Act probation.
If YES, your case(s) qualify for sealing when 4 years have elapsed since the termination of the last
sentence on your record. Go to Section Five to fill out a PETITION TO SEAL form (CCCR
0333), a NOTICE OF FILING form, and an ORDER TO SEAL form (CCCR 0334). You must
CRIMINAL & TRAFFIC
EXPUNGEMENT & SEALING
PROCEDURAL GUIDE
State of Illinois – First Judicial District
Dorothy Brown, Clerk of the Circuit Court of Cook County
Page 10
attach proof to your Petition that you have passed a drug test taken with 30 days before the filing of
your Petition showing the absence within your body of all illegal substances.
If you have other cases on your record, continue to the next Question to see if any of your other
cases qualify for sealing.
11. CLASS FOUR FELONY CONVICTION FOUR YEAR WAITING PERIOD
Are any of the cases on your record Class 4 felony convictions of the following offenses:
a. Section 11-14 of the Criminal Code of 2012 (prostitution);
b. Section 4 of the Cannabis Control Act (possession prohibited);
c. Section 402 of the Illinois Controlled Substances Act (possession of controlled or counterfeit
substance);
d. The Methamphetamine Precursor Control Act;
e. The Steroid Control Act;
f. Theft under Section 16-1 of the Criminal Code of 2012;
g. Retail theft under paragraph (a) of 16-25 of the Criminal Code of 2012 (effective
1/1/2014);
h. Deceptive Practices under Section 17-1 of the Criminal Code of 2012 (effective
1/1/2014);
i. Forgery under Section 17-3 of the Criminal Code of 2012 (effective 1/1/2014); and
j. Possession of burglary tools under Section 19-2 of the Criminal Code of 2012 (effective
1/1/2014).
If YES, your case(s) qualify for sealing when 4 years have elapsed since the termination of the last
sentence on your record. Go to Section Five to fill out a PETITION TO SEAL form (CCCR
0333), a NOTICE OF FILING form, and an ORDER TO SEAL form (CCCR 0334). You must
attach proof to your Petition that you have passed a drug test taken within 30 days before the filing
of your Petition showing the absence within your body of all illegal substances for the following
offenses: Illinois Controlled Substances Act, Methamphetamine Control and Community
Protection Act, and the Cannabis Control Act.
If your criminal record has other dispositions on it we have not yet discussed, continue to the next
Question.
12. CLASS THREE FELONY CONVICTION FOUR YEAR WAITING PERIOD
Are any of the cases on your record Class 3 felony convictions of the following offenses:
a. Theft under Section 16-1 of the Criminal Code of 2012 (effective 1/1/2014);
b. Retail theft under paragraph (a) of 16-25 of the Criminal Code of 2012 (effective
1/1/2014);
CRIMINAL & TRAFFIC
EXPUNGEMENT & SEALING
PROCEDURAL GUIDE
State of Illinois – First Judicial District
Dorothy Brown, Clerk of the Circuit Court of Cook County
Page 11
c. Deceptive practices under Section 17-1 of the Criminal Code of 2012 (effective
1/1/2014);
d. Forgery under Section 17-3 of the Criminal Code of 2012 (effective 1/1/2014); and
e. Possession with intent to manufacture or deliver a controlled substance under Section 401
of the Illinois Controlled Substance Act (effective 1/1/2014).
If YES, your case(s) qualify for sealing when 4 years have elapsed since the termination of the last
sentence on your record. Go to Section Five to fill out a PETITION TO SEAL form (CCCR
0333), a NOTICE OF FILING form, and an ORDER TO SEAL form (CCCR 0334). You must
attach proof to your Petition that you have passed a drug test taken within 30 days before the filing
of your Petition showing the absence within your body of all illegal substances for the following
offenses: Illinois Controlled Substance Act, Methamphetamine Control and Community Protection
Act, and the Cannabis Control Act.
If your criminal record has other dispositions on it we have not yet discussed, continue to the next
Question.
13. If you have gone through all 5 Questions, above, in this Part Two, and if you still have questions
about whether one or more cases on your record qualify for sealing, you can talk with a volunteer
lawyer from Cabrini Green Legal Aid Clinic (for a small fee or for free, depending on your financial
circumstances) in the Criminal Department in Room 1006 of the Daley Center, 50 W. Washington
St., Chicago, IL, 9:00 a.m. Monday through Friday (walk-ins only).
ARE YOU PLANNING ON MOVING?
The law requires you to
promptly notify the Clerk’s Office
of any change in your address
if you move before your case is over.
If you do not change your address with the Clerk’s
Office, your copy of the court’s order, any notice
of a hearing date, if set, or your original criminal
records, if returned to you,
will be mailed to your old, incorrect address!
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SECTION THREE – DEFINITIONS
CONVICTION – a final judgment of guilt by the court. A conviction includes terms such as PROBATION
(except first-offender drug probation that was terminated satisfactorily, known as 710, 1410, Section 10,
Section 410, 40-10, or TASC probation), CONDITIONAL DISCHARGE, FINE (without the term
“supervision”), TIME CONSIDERED SERVED, JAIL TIME, and FINDING OF GUILTY by a judge or jury
(without the term “supervision”). SUPERVISION or first-offender drug PROBATION that was terminated
unsatisfactorily is also considered a conviction.
CRIMINAL OFFENSE – a petty offense, business offense, misdemeanor, felony, or municipal ordinance
violation. A minor traffic offense is not a criminal offense, but a Class A or B misdemeanor traffic offense is
a criminal offense.
DISPOSITION – the result of your criminal case.
EXPUNGE – when the arresting agency and/or the Illinois State Police physically destroys your criminal
records or returns the records to you. It also means that the Clerk’s Office will erase your name from the
Clerk’s Office’s electronic docket system from that day forward. However, the Clerk’s Office always
impounds the court file (removes it from public view and access) and is not permitted to destroy it.
FELONY – a crime that may be punished by imprisonment for more than one year in a state prison. A felony
is more serious than a misdemeanor.
HEARING – If an objection is filed, you will receive a notice in the mail from the Clerk’s Office containing
your court hearing date. At this hearing, the parties are in the courtroom with the judge, who hears
evidence from you and the other present parties about whether your petition should be granted or denied.
LAST SENTENCE – If you are petitioning to seal your criminal record, “last sentence” means the sentence,
order of supervision, or order of qualified probation for a criminal offense that terminates last in time,
regardless of whether you have listed that offense on your petition.
MINOR TRAFFIC OFFENSE – a petty offense, business offense, or Class C misdemeanor under the Illinois
Vehicle Code or a similar provision of a municipal or local ordinance. A minor traffic offense is not a
criminal offense and cannot be expunged or sealed unless you were released without charging.
MISDEMEANOR – a crime that may be punished by confinement in a county jail for a term of up to one year.
MOTION TO VACATE, MODIFY OR RECONSIDER – a written motion filed with the Clerk’s Office by you or
by the prosecutor, arresting agency, chief legal officer of the unit of local government that arrested you, or
Illinois State Police if you or one of these agencies disagrees with the judge’s decision to grant or deny your
petition. You must file a motion to vacate, modify, or reconsider within 60 days after you receive your
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copy of the order granting or denying your petition. The motion to vacate, modify or reconsider will be
ruled on by the same judge who granted or denied your petition.
MUNICIPAL ORDINANCE VIOLATION – an offense defined by a city, village, or other local ordinance that is
criminal in nature.
NOTICE OF APPEAL – a document you or the prosecutor, arresting agency, chief legal officer of the unit of
local government that arrested you, or Illinois State Police files with the Clerk’s Office to begin an appeal of
the judge’s decision granting or denying your petition. The order granting or denying your petition does
not become a final and appealable order until 30 days after service of the order by the Clerk’s Office on you
and the prosecutor, arresting agency, chief legal officer of the unit of local government that arrested you, or
Illinois State Police.
OBJECTION – a written protest against your petition made by the prosecutor, arresting agency, chief legal
officer of the unit of local government that arrested you, or Illinois State Police. It means that the objector
does not want your record to be expunged or sealed. Objections must be filed by the above-listed entities
within 60 days after they receive a copy of your petition. Objections must be in writing and must state with
specificity the nature of the objection. An objection is not the same as a denial. Only the judge can deny
your petition.
PARDON - a type of executive clemency granted by the Governor. It is considered to be an extraordinary
remedy and is rarely granted. It only applies to cases that have resulted in a conviction. The clemency
process is administered by the Prisoner Review Board (even if you never went to prison).
SEAL – to physically and electronically maintain the records, unless the records would be otherwise
destroyed due to age, but to make the records unavailable without a court order, except that the law allows
police agencies and prosecutors certain access to your sealed records. See 20 ILCS 2630/12 and 13. If
your record is sealed, your name will also be erased from the Clerk’s Office’s electronic docket system
from that day forward.
SUPERVISION – a court order holding the case open for a specific period of time, usually between 6 months
and 2 years. During that time, no judgment of guilt is entered. If all of the conditions of the supervision
are followed, the case is dismissed and no conviction is ever entered against you.
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SECTION FOUR– Frequently Asked Questions
1. How much does it cost to file my petition?
The non-refundable filing fee of $120.00 per District is payable to the Clerk of the Circuit Court by
cash, money order, certified check, cashier’s check, or personal check. (705 ILCS 105/27.2a)
Your Driver’s License, State I.D., or Matricular Consular number, telephone number, and case
number should be written on the face of the check.
The Clerk’s Office has six Districts: Chicago, Skokie, Rolling Meadows, Maywood, Bridgeview,
and Markham (see answer to Question #5). If you file all of your petitions in one District at the
same time, there is only one $120.00 filing fee. If your cases originate from more than one
District, you will pay a separate $120 filing fee in each District.
$60.00 of the $120.00 filing fee must be forwarded by the Clerk of the Circuit Court to the Illinois
State Police (ISP). When the Illinois State Police receives your payment from us, it will evaluate
whether to object to your petition for expungement and, if your petition is granted, it will process
the court order and send you a letter notifying you that your Illinois State Police records have been
expunged/sealed.
In addition to the $120.00 filing fee, you are required to pay a $15.00 mailing fee plus the cost of
postage. (705 ILCS 105/27.2a).
If required in the District in which you are filing (see answer to Question #3), you will also be
charged $9.00 per certified copy for each disposition (copy of the Clerk’s Office’s docket for each
criminal case on your record). This is also payable to the Clerk of the Circuit Court.
2. What if I can’t afford the filing fee?
If you qualify based on your personal financial circumstances, you may ask the court for an indigent
person fee waiver (735 ILCS 5/5-105). If your indigent fee waiver petition is granted by a judge,
you will not have to pay the $120.00 filing fee and several other fees in the case (you are still
required to pay for photocopying). An indigent fee waiver petition form is available from the
Clerk’s Office or online at www.cookcountyclerkofcourt.org. Indigent fee waivers are not
available in District One Traffic Division cases.
3. Do I have to attach a copy of my rap sheet and certified copies of my dispositions to
my petition?
If you are filing your petition in District One, Chicago, the Presiding Judge requires that a copy of
your rap sheet be attached to your petition, as well as the certified copies of your dispositions you
obtain from the Clerk’s Office. Districts Two through Six do not require that you attach a copy of
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your rap sheet to your petition. However, if you are filing your petition in District 6, Markham,
the Presiding Judge requires that you attach the certified copies of your dispositions to your
petition.
4. Do I have to attach the results of a drug test to my petition?
Yes, but for certain drug offenses only. If you are filing (1) a petition to seal arrests or charges not
initiated by arrest resulting in orders of first offender probation under Section 10 of the Cannabis
Control Act, Section 410 of the Illinois Controlled Substances Act, Section 70 of the
Methamphetamine Control and Community Protection Act and Section 5-6-3.3 of the Unified
Code of Corrections (2) a petition to seal Class 4 felony convictions under Section 4 of the
Cannabis Control Act (possession prohibited), Section 402 of the Illinois Controlled Substances Act
(possession of controlled or counterfeit substance), the Methamphetamine Precursor Control Act, or the
Steroid Control Act (3) a petition for a certificate of eligibility for sealing for offenses under the
Cannabis Control Act, Illinois Controlled Substances Act, Methamphetamine Control and
Community Protection Act, and any other eligible Class 3 or Class 4 Felony drug related offenses,
or (4) a petition to expunge an order of qualified probation for an offense under the Cannabis
Control Act Section 10, Illinois Controlled Substances Act Section 410, Methamphetamine Control
and Community Protection Act Section 70, Alcoholism and Other Drug Abuse and Dependency
Act Section 40-10, or Steroid Control Act Section 10; then you are required to attach proof to the
petition that you have passed a drug test taken within 30 days before the filing of the petition
showing the absence within your body of all illegal substances.
5. Where do I file my petition?
The Clerk’s Office has 6 Municipal Districts. You must file a separate petition in each District
where you have a criminal record and pay a separate filing fee for each petition. If all of your cases
originated in a single District, such as District Two Skokie, then you will only have to file one
petition and pay one filing fee. Pursuant to global filing, you may file your petition at any of the 6
districts. For example, if your case originated in District Two Skokie, you may file the petition at
any of the other districts.
a. If your Criminal case arose in the City of Chicago, your Petition and Order should be filed in
the Criminal Department or in the Criminal Division of the Clerk’s Office:
DISTRICT 1 -- CRIMINAL DEPARTMENT – CHICAGO, Richard J. Daley
Center, 50 W. Washington Street, Room 1006, Chicago, IL 60602, General
Information 312-603-4641 or -7777, Criminal Manager 312-603-5048, Traffic
Manager 312-603-2920.
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DISTRICT 1 -- CRIMINAL DIVISION – CHICAGO, 2650 S. California Avenue,
Chicago, IL 60608, General Information 773-674-3147, Division Manager 773-
674-2991.
b. If your Traffic case arose in the City of Chicago, your Petition and Order should be
filed in the Traffic Division:
DISTRICT 1 – TRAFFIC DIVISION – CHICAGO, Richard J. Daley Center, 50
W. Washington Street, Room LL-20, Lower Level, Chicago, Illinois 60602,
General Information 312-603-2945, Motion Counter 312-603-2937, Criminal
Manager 312-603-2959, Traffic Manager 312-603-2924.
c. If your Criminal or Traffic case arose in any of the five Suburban Districts, the Petition and
Order should be filed in the District where your case was heard:
DISTRICT 2 – SKOKIE, 5600 Old Orchard Road, Skokie, IL 60077, General
Information 847-470-7250, Criminal Manager 847-470-7269, Traffic Manager
847-470-5088, Assistant Traffic Manager 847-470-5064.
Cities and Villages within District 2: Deerfield, Des Plaines, Evanston,
Glencoe, Glenview, Golf, Kenilworth, Lincolnwood, Morton Grove,
Niles, Northbrook, Northfield, Park Ridge, Skokie, Wilmette, Winnetka,
Cook County Sheriff, Cook County Forest Preserve, Illinois State Police
Districts 3 and 15.
DISTRICT 3 – ROLLING MEADOWS, 2121 Euclid Avenue, Rolling Meadows,
IL 60008, General Information 847-818-3000, Criminal Manager 847-818-2701,
Traffic Manager 847-818-2193, Assistant Traffic Manager 847-818-2578.
Cities and Villages within District 3: Arlington Heights, Barrington,
Barrington Hills, Bartlett, Bensenville, Buffalo Grove, Elgin, Elk Grove
Village, Hanover Park, Harwood Heights, Hoffman Estates, Inverness,
Mount Prospect, Norridge, Prospect Heights, Palatine, Prospect Heights,
Rolling Meadows, Roselle, Rosemont, Schaumburg, Schiller Park, South
Barrington, Streamwood, Wheeling, Cook County Sheriff, Cook County
Forest Preserve, Illinois State Police Districts 2, 3, and 15.
DISTRICT 4 – MAYWOOD, 1500 Maybrook Avenue, Maywood, IL 60153,
General Information 708-865-6040, Criminal Manager 708-865-4978, Traffic
Manager 708-865-5195, Assistant Traffic Manager 708-786-2481.
Cities and Villages within District 4: Animal Control, Bellwood,
Berkeley, Berwyn, Broadview, Brookfield, Burlington North/Sante Fe
Railroad, Cicero, Cook County Sheriff, Elgin/Joliet, Elmhurst, Elmwood
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Park, Forest Park, Forest Preserve, Franklin Park, Hillside, Hines
Hospital, Illinois Commerce Commission, LaGrange Park, Maywood,
Maywood Park District, Melrose Park, Memorial Park, Metra Police
Department, Northlake, North Riverside, Public Safety, Oak Park, River
Forest, River Grove, Riverside, Secretary of State Police, Stone Park,
Triton College, Union Pacific Railroad, Water Reclamation, Westchester.
DISTRICT 5 – BRIDGEVIEW, 10220 South 76
th
Avenue, Bridgeview, IL 60455,
General Information 708-974-6500, Criminal Manager 708-974-6387, Traffic
Manager 708-974-6906, Assistant Traffic Manager 708-974-6520.
Cities and Villages within District 5: Alsip, Bedford Park, Bridgeview,
Burbank, Burr Ridge, Chicago Ridge, Countryside, Crestwood, Evergreen
Park, Forest View, Hickory Hills, Hinsdale, Hodgkins, Hometown, Indian
Head Park, Justice, LaGrange, Lemont, Lyons, Merrionette Park,
McCook, Oak Lawn, Orland Hills, Orland Park, Palos Hills, Palos Park,
Stickney, Summit, Tinley Park, Western Springs, West Haven, Willow
Springs, Worth, Cook County Sheriff, Cook County Forest Preserve, and
Illinois State Police Districts 3 and 15.
DISTRICT 6 – MARKHAM, 16501 S. Kedzie Parkway, Markham, IL
60428, General Information 708-232-4551, Criminal Manager 708-232-
4217, Traffic Manager 708-232-4522.Cities and Villages within District 6:
Blue Island, Burnham, Calumet City, Calumet Park, Chicago Heights,
Country Club Hills, Crete, Dixmoor, Dolton, East Hazelcrest,
Flossmoor, Ford Heights, Glenwood, Harvey, Hazelcrest, Homewood,
Lansing, Lynwood, Markham, Matteson, Midlothian, Oak Forest,
Olympia Fields, Park Forest, Phoenix, Posen, Richton Park, Riverdale,
Robbins, Sauk Village, South-Chicago Heights, South Holland, Steger,
Thornton, and Illinois State Police Districts 3 and 15.
6. What information do I need to bring with me to the courthouse to file my petition?
In addition to a copy of your rap sheet (if you are filing in District 1, Chicago, see answer to
Question #3), you will need the titles and addresses of all legal entities involved in your case, even
if you were never prosecuted. These entities include:
The arresting authority: The law enforcement agency that arrested you. This is usually a police
department or sheriff’s department. If you were never arrested and were instead only given a
notice to appear in court, there will not be an arresting authority. If you were arrested by the City
of Chicago Police Department, you do not need to locate their address because it is pre-printed on
the Notice of Filing form available from the Clerk’s Office.
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The “chief legal officer of the unit of local government that affected the arrest:” This is usually the
attorney who represents the municipality or county that arrested you. (It is NOT the Chief of
Police.) This attorney usually is called the “Corporation Counsel,” “Village Attorney,” or “City
Attorney.” For example, if you were arrested by the Skokie Police Department, you will need
the name and address of the Corporation Counsel for the Village of Skokie. If you were arrested
in the City of Chicago, you do not need to locate the Corporation Counsel’s address because it is
pre-printed on the Notice of Filing form available from the Clerk’s Office.
The State’s Attorney or prosecutor that prosecuted your case: If charges were brought against you, you
will need to know the address for the State’s Attorney or prosecutor that prosecuted the case.
You only need the office and the address – you do not need the name of the particular
individual who prosecuted your case. If you are unclear about which office prosecuted your
case, check your paperwork from the Clerk’s Office. If you were prosecuted in Cook County, you
do not need to locate the Cook County State’s Attorney’s address because it is available to you
on the Notice of Filing form available from the Clerk’s Office.
7. How many copies should I have of the notice of filing and expungement petition?
You will need to bring five copies of your original notice of filing and expungement petition. If you
want copies made at the courthouse, the statutory copying fees will apply. See 705 ILCS 105/27.2
a (k) (first page, $2.00; next 19 pages, 50 cents per page; all remaining pages, 25 cents per page).
The Office of the Clerk of the Circuit Court of Cook County will serve a copy of the notice of
filing and petition to the State’s Attorney, the Department of State Police, the arresting agency and
the chief legal officer of the unit of local government effecting the arrest. The original will remain
with the Court and you will retain a copy.
8. Can I expunge or seal an Order of Protection?
No. The expungement statute only applies to certain criminal and traffic records. It does not apply
to orders of protection, non-criminal minor traffic tickets (unless you were released without
charging), divorces, or other civil matters.
9. Am I eligible for expungement or sealing if there was an order entered for
supervision or a conviction of reckless driving?
Yes. If the arrest or charge for reckless driving occurred prior to your 25
th
birthday, you have no
similar convictions for reckless driving or DUI and you are petitioning the Circuit Court for relief
after you reach 25 years of age.
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10. Can the Clerk’s Office help me fill out my petition?
No. Employees of the Clerk’s Office are absolutely prohibited by law from giving legal advice or
assisting customers to fill out court forms. (705 ILCS 110/1; 705 ILCS 205/10; Illinois Supreme
Court Rule 756). Only Illinois licensed attorneys are permitted by law to give you legal advice. As
the official keeper of the record for the Circuit Court, the Clerk’s Office can, however, provide
you with copies of your dispositions and provide the expungement forms for you to fill out.
11. What is a conviction?
A conviction is a final judgment of guilt by the court. A conviction includes terms such as
PROBATION (except first-offender drug probation that was terminated satisfactorily, known as
710, 1410, Section 10, Section 410, 40-10, or TASC probation), CONDITIONAL DISCHARGE,
FINE (without the term “supervision”), TIME CONSIDERED SERVED, JAIL TIME, and
FINDING OF GUILTY by a judge or jury (without the term “supervision”). SUPERVISION or
first-offender drug PROBATION that was terminated unsatisfactorily is also considered a
conviction.
12. What is NOT a conviction?
The following are not considered to be convictions: SUPERVISION completed satisfactorily,
NOLLE PROSEQUI (NP), STRICKEN OFF WITH LEAVE TO REINSTATE (SOL), FINDING
OF NO PROBABLE CAUSE (FNPC), NON-SUIT, DISMISSED, NOT GUILTY, or successful
completion of FIRST-OFFENDER DRUG probation.
13. Someone else was arrested using my identity. How can I clear my record?
If the person that was arrested was not you, and that person stole your identity or otherwise used
your identity when s/he was arrested or convicted, causing you to have a criminal record, instead
of filing a petition to expunge or seal your record, you should file a PETITION FOR
CORRECTION AND SEALING OF AN ARREST AND CONVICTION RECORD DUE TO
IDENTITY THEFT form (CCCR 0019), along with a NOTICE OF FILING form and an
IDENTITY THEFT ORDER form (CCCR 0021). Court forms are available to the Clerk’s Office
or at www.cookcountyclerkofcourt.org. The filing fees (See Question #1) and procedure for
expungement or sealing petitions described in this packet apply to Identity Theft petitions, as well.
If your identity theft petition is granted, the law provides that the judge may order the arresting
agency, the Illinois State Police, the prosecutor, the trial court, and any other criminal justice
agency(ies) ordered by the court, to correct your arrest or conviction record by removing your
name from the record and inserting the name of the real offender, if known. If your petition is
granted, the Clerk’s Office will also seal the court file and erase your name from the electronic
docket from that day forward. (20 ILCS 2630/5.2(b)(4).)
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14. What if I was charged as a juvenile?
See the Guidelines for Juvenile Expungement available at the Clerk’s Office. There is a separate
process for expungement of juvenile records.
15. If I wait long enough, isn’t my record automatically expunged?
No. There is no such thing as an “automatic” expungement. Once you get arrested, you will have
an arrest record even if you were never charged, the case was dismissed, you were found not
guilty, or you successfully completed court supervision. The only way to remove the arrest from
your record is to file a petition to expunge or seal your record.
16. If I was found not guilty, do I still need to file a petition?
Yes. Your criminal record contains all your arrests, whether you were found guilty or not.
17. I was pressured into pleading guilty even though I was innocent. Does that qualify
me for expungement?
No. Once you plead guilty, any presumption of innocence is waived. Please see Section One to
determine whether your record qualifies for expungement or sealing.
18. My case could be expunged but the time period has not passed yet. If it is also
eligible for sealing, can I seal it now and expunge it later?
Yes.
19. I live out of town. Can I do this by mail?
Yes, you can mail in your completed court forms and other paperwork. Depending on the
requirements of the Presiding Judge in the District in which you are filing (see answer to Question
#3), the paperwork may include a rap sheet, certified disposition(s), and the filing fee. However,
if you are filing an indigent fee waiver petition, this must be filed in person.
20. How do the police agency that arrested me, the prosecutor who prosecuted me, and
any other required parties find out that I filed my petition?
The Clerk’s Office is responsible for serving copies of the Petition on the State’s Attorney or
Prosecutor(s) charged with the duty of prosecuting each offense; the Department of Illinois State
Police; the arresting agency or agencies; and the chief legal officer(s) of the unit(s) of local
government where you were arrested, but you must provide the correct addresses for these
agencies to the Clerk’s Office. The Clerk’s Office has provided a “Notice of Filing” form for you to
list all the agencies that must be served. The Clerk will send the Petition to all of the agencies you
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list on the Notice.
21. What happens if an objection to my petition is filed with the court?
If an objection is filed, the law requires that a court hearing be scheduled and that you, the arresting
agency, the prosecutor, the Chief legal officer of the unit of local government that arrested you,
and the Illinois State Police receive notice of the hearing at least 30 days prior to the hearing date.
On the court hearing date, not prior, the petitioner will find out if the State’s Attorney has an
objection to the petition for expungement. Also, the petitioner will receive a letter from the
Illinois State Police informing the petitioner whether there is an objection to expunging or sealing
of petitioner’s records. Please note that this letter is not the final order grating or denying your
petition. The expungement or sealing petition is granted or denied when the judge signed the final
order.
In Municipal District Two, Municipal District Three, and Municipal District Five the petitioner is
notified that they need to appear at the court hearing only of an objection is filed, If there is no
objection the judge will enter an order granting the expungement, and petitioner will receive the
order in the mail.
If you have moved since the filing of your petition, you are required to promptly notify the Clerk’s
Office of your new address. If you do not change your address with the Clerk’s Office, the Clerk’s
Office will mail the notice of your hearing date to your old address and you may not receive it in
time or at all. (20 ILCS 2630/5.2(d)(2), (d)(7) and (a)(1)(D).)
Possibly if an objection is filed and a hearing date is set, the judge will hear evidence from you and
any other party who received notice and is in attendance on whether your petition should or should
not be granted. The judge may consider the following: the strength of the evidence supporting the
your conviction; the reasons for retention of the conviction records by the State; your age, criminal
record history, and employment history; the period of time between your arrest on the charge
resulting in the conviction and the filing of the petition; and the specific adverse consequences that
you may be subject to if the petition is denied. You should expect that you need to appear in court
or risk having your petition dismissed. Sometimes, a judge will allow an attorney to appear on
your behalf.
22. Do I have to appear in court?
In Municipal District One, Municipal District Fourth, and Municipal District Six a court date is
scheduled upon filing a petition with the Clerk’s Office. In Municipal District One notification is
mailed 30 days prior to your hearing date.
In Municipal District Two, Municipal District Three, and Municipal District Five the petitioner is
notified that he must appear in the scheduled court hearing only of an objection is filed, If there is
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no objection the judge enters an order granting the expungment. The petitioner will receive the
order in the mail.
23. How long does it take?
At least a few months. The State’s Attorney or Prosecutor(s) charged with the duty of prosecuting
each offense; the Department of Illinois State Police; the arresting agency or agencies; and the chief
legal officer(s) of the unit(s) of local government where you were arrested have 60 days to object to
your petition. If they object, a hearing date will be scheduled at least 30 days from then. If the
judge grants your petition, it could take the law enforcement agencies up to 60 days after that to
expunge, seal or impound your records.
24. What is the difference between expungement and sealing?
Expunged records are destroyed or returned to you. Please see the wording on the Order to
Expunge and Impound Criminal Records form (CCCR 0331). If the judge grants your
expungement petition and orders the Illinois State Police to “expunge” your records, both the
Illinois State Police and the arresting agency will destroy your records or return them to you. If the
judge grants your expungement petition and orders the Illinois State Police to “impound” your
records, only the arresting agency will destroy your records or return them to you, while the
Illinois State Police will impound, or seal, your records. The Department of Corrections can
access your impounded records if you are convicted of a subsequent offense.
Sealed records are maintained by the agencies. Most of the general public will not have access to
sealed records. However, law enforcement and prosecutors will still have access to your sealed
records to carry out the duties of their offices. Also, the following entities have access to sealed
convictions: Department of Children and Family Services if it determines the information is
necessary to perform its duties under the Abused and Neglected Child Reporting Act, the Child
Care Act of 1969, or the Children and Family Services Act (20 ILCS 2605/2605-315); school
boards/regional school superintendents (20 ILCS 2605/2605-325); fire departments (20 ILCS
2605/2605-330); private child services organizations that devote a major portion of their time to
the provision of recreational, social, educational, or child safety services to children (20 ILCS
2605/2605-335); private carrier companies that provide public transportation to ascertain whether
a job applicant for a driving position has been convicted of a criminal or drug offense listed in the
Metropolitan Transit Authority Act (20 ILCS 2605/2605-340); the Department of Corrections
upon conviction for any offense; healthcare organizations/hospitals. For both expungement and
sealing, the Clerk’s Office impounds the court file and does not destroy it or return it to you. But,
your name is erased from the Clerk’s Office’s electronic docket system from that day forward and
your case is not accessible to the public.
25. How do I find out if the judge has granted or denied my petition?
After the judge has granted or denied your petition, the Clerk’s Office will mail a copy of the
court’s order to you at the address you provided to the Clerk’s Office. If, however, you are in
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court at a court hearing on your petition when the order is entered, you may be handed a copy of
the order at the conclusion of the hearing. The Clerk’s Office will also mail a copy of the order to
the State’s Attorney or Prosecutor(s) charged with the duty of prosecuting each offense; the
Department of Illinois State Police; the arresting agency or agencies; the chief legal officer(s) of the
unit(s) of local government where you were arrested, and to any other criminal justice agencies if
ordered by the court.
26. If the court orders my record expunged or sealed, do I have to take any action?
The Clerk’s Office will mail a copy of the court’s order to you and to the four law enforcement
agencies served with the Petition(s). The agencies have 60 days to file a motion to vacate or modify
the court’s order.
The Illinois State Police (ISP) will process the court order and send you a letter notifying you that
your ISP records have been expunged or sealed within 60 days of the date of service of the order. If
a motion to vacate, modify, or reconsider is filed, notice of the ISPs compliance with each order to
expunge or seal will be sent to you within 60 days of service of the order resolving the motion. In
the event of an appeal from the circuit court order, the ISP will send written notice to you of its
compliance with an Appellate Court or Supreme Court judgment to expunge or seal records within
60 days of the issuance of the court’s mandate. Notice from the ISP is not required while any
motion to vacate, modify, or reconsider, or any appeal or petition for discretionary appellate
review is pending. The ISP will also forward a copy of the court’s final order to the Federal Bureau
of Investigations (FBI), so that the FBI may process the order, if it chooses to do so. You will not
receive anything from the FBI directly. You may call the ISP to check on the status of your records
at (815) 740-5160.
If at any time you want to know what is contained in your FBI criminal history record, you may
contact the FBI at U.S. Department of Justice, 1000 Custer Hollow Road, Clarksburg, WV 26306,
(304) 625-3878. Requests to the FBI must be made in writing and must specifically mention that
you are entitled to a copy of your arrest record under the Freedom of Information Act. Be certain to
include your name, address, date and place of birth, and rap sheet (fingerprints).
Your records will also be expunged or sealed by the local police agency that arrested you.
Depending on the local agency and local unit of government involved, you may have to pay them an
additional fee to have your records expunged. It is important to follow the instructions of these
police agencies. If the local law enforcement agency does not expunge your records, your records
will still be accessible to prospective employers and other members of the public.
27. Once my petition is granted, should I get a certified copy of the court’s order?
Since your record will be unavailable to you after it is expunged, it is a good idea to keep a certified
copy of your expungement order for your records. A “certified” copy is a copy containing a Clerk’s
Office seal verifying it to be an authentic court document. For some unforeseen reason, a person
may need a certified copy of their expungement order. It will save time and money if the person
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Dorothy Brown, Clerk of the Circuit Court of Cook County
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already has a certified copy in a secure place. If you do not retain a certified copy of your
expungement order, and you need one at a later date, you will have to file a petition with the court
to temporarily unseal your case to obtain a certified copy, then re-seal the case. For example,
people sometimes need certified copies of their order and disposition to provide to the Immigration
and Naturalization Service (INS) for naturalization purposes.
There is a $4.00 fee for a certified copy of your expungement order. (705 ILCS 105/27.2a) You
may contact the Clerk’s Office in person, by mail, or by phone for a certified copy of your Order.
28. Once my record is expunged or sealed, do I have to tell employers about it?
No, and it is against the law for employers or potential employers (except law enforcement, state’s
attorneys and other prosecutors, the State Police, and the Department of Corrections) to ask you
whether you ever had any records expunged or sealed. Once your record has been expunged, it
“may not be considered by any private or public entity [other than by law enforcement agencies,
the Department of Correction, State’s Attorneys, or other prosecutors] in employment matters,
certification, licensing, revocation of certification or licensure, or registration” (20 ILCS 2630/12).
Also, it is a civil rights violation if the potential employer uses the fact that you had a criminal
record expunged or sealed as the reason to refuse to hire you, as a reason to fire you, or as a reason
to affect the terms, conditions or privileges of your employment, among other things. (775 ILCS
5/2-103.)
Employers are not allowed to ask you if you have had records expunged or sealed, and you are not
required to disclose this information on employment applications. (20 ILCS 2630/12.)
See answer to Question #22 for a description of which employers may have access to your
expunged or sealed records.
29. Once my petition is granted, do I have to disclose my expunged or sealed record
when I get an occupational license or certificate?
No, unless the law requires it. A list of regulated licenses in the State of Illinois can be found at the
Illinois Department of Financial and Professional Regulation’s website: www.idfpr.com (This is
not a list of licenses which will require disclosure of an expunged or sealed record).
30. What if my petition is denied?
If your Petition(s) is denied, you may ask the Presiding Judge of the Division(s), Department(s), or
District(s) in which your case was heard to reconsider your Petition(s). To do this, you can file a
Motion to Reconsider and a Notice of Motion and serve (mail) a copy of these on the four required
agencies (State’s Attorney/Prosecutor, the Illinois State Police, the arresting agency, and the chief
legal officer of the unit of local government where you were arrested). You must do this within 60
days of service of the order.
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Or, you may file a Notice of Appeal with the Clerk’s Office. This form is available in the Criminal
Department, Criminal Division, Suburban Districts, or online at
www.cookcountyclerkofcourt.org. The order denying your petition will not become final for the
purposes of appeal until 30 days after service of the order on you and all parties entitled to notice.
After filing your Notice of Appeal, you must ask the Clerk’s Office to prepare a Record on Appeal,
which will contain the documents from your criminal case file. Unless a State Appellate Defender
is appointed by the judge to represent you on the appeal, there is a fee for preparation of the
Record on Appeal (ROA): Under 100 pages = $110, Over 100 pages = $185, Over 200 pages =
an additional fee of $.30 per page. (705 ILCS 105/27.2a(k).) Your case will then be heard before
the Illinois Appellate Court.
If you are filing a Notice of Appeal regarding a misdemeanor case in the Criminal Department, your
case will be added to the “Appeals Call” and the judge will determine if you qualify as “indigent” to
have your ROA fees waived.
31. What is a pardon?
If you are unable to have your criminal record expunged or sealed, you should see if you qualify for
a pardon from the Governor.
A pardon is different from petitioning the court for expungement of your records. It is a type of
executive clemency granted by the Governor. There are no statutory requirements describing who
qualifies for a pardon – it is left to the judgment of the Governor. It is considered to be an
extraordinary remedy and is rarely granted. For more information, contact the Prisoner Review
Board (even if you never went to prison) at (217) 782-7273 or visit
www.cookcountyclerkofcourt.org.
If a pardon from the Governor states that your criminal record may also be expunged, you would
file an expungement petition after obtaining the pardon. Whenever a person who has been
convicted of an offense is granted a pardon by the Governor which specifically authorizes
expungement, an objection to the petition may not be filed. If you receive a pardon based on actual
innocence, you may petition the Illinois Court of Claims for monetary restitution if you were
improperly imprisoned.
32. What is a Certificate of Innocence?
A Certificate of Innocence is available to a person convicted and subsequently imprisoned by the
State of Illinois for one or more felonies which he/she did not commit. Certificates of Innocence
are issued by a judge. A Certificate of Innocence allows you to petition the Illinois Court of Claims
for monetary restitution for your improper conviction without obtaining a pardon from the
Governor.
To receive a Certificate of Innocence, you must prove by a preponderance of the evidence that the
judgment of conviction was reversed or vacated and that the indictment or information was
dismissed -- or if a new trial had been ordered, that you were found not guilty at the new trial.
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Also, you must prove that you did not, by your own conduct, voluntarily cause or bring about your
conviction. If the court grants a certificate of innocence, it must also enter an order expunging the
conviction for which you have been determined to be innocent as provided in subsection (h) of
Section 2-702 of the Code of Civil Procedure.
Certificate of Innocence court forms are available at the Clerk’s Office or on the Clerk’s website at
www.cookcountyclerkofcourt.org.
33. What is a Certificate of Eligibility for Sealing?
A Certificate of Eligibility for Sealing is available to a person who has been convicted of a Class 3 or
Class 4 felony who meets certain criteria. See 730 ILCS 5/3-3-2 (a)(10), et. seq. These certificates
are issued by the Prisoner Review Board and can only be granted once in the petitioner’s lifetime.
A Certificate of Eligibility for Sealing allows you to petition the Illinois Circuit Court to have an
order granted for your record to be sealed. By granting the Certificate, the Board recommends
that the Court order the sealing of all official records of the arresting authority, the Clerk of the
Circuit Court, and the Department of State Police concerning the arrest and conviction.
To receive a Certificate, you must receive a unanimous vote from a three member panel of the
Prisoner Review Board. A person may petition the Board if at least five years has elapsed since the
expiration of the sentence or since the arrest (Note: time requirement does not apply for petty,
traffic, conservation, or local ordinance offenses). Additionally, if the person is seeking to have
convictions for drug possession sealed, the petitioner must demonstrate that he or she has
completed a drug abuse program for the offense sought and provide proof that he or she has
completed the program successfully.
If you have been convicted of the following offenses, you are ineligible to apply for a Certificate of
Eligibility for Sealing:
a. A sex offense described in Article 11 or Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
or 11-1.60 of the Criminal Code of 2012
b. Aggravated assault
c. Aggravated battery
d. Aggravated domestic battery
e. Violation of an order of protection
f. An offense under the Criminal Code of 2012 involving a firearm
g. Driving under the influence of alcohol, other drug or drugs, intoxicating compound or
compounds or any combination thereof
h. Aggravated driving while under the influence of alcohol, other drug or drugs,
intoxicating compound or compounds or any combination thereof
i. Any crime defined as a crime of violence under Section 2 of the Crime Victims
Compensation Act
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If a person has applied to the Board for a Certificate of Eligibility for Sealing and was denied, he or
she must wait at least four years before reapplying or filing for pardon from the Governor unless
the Chairman of the Prisoner Review Boards grants a waiver.
Certificate of Eligibility for Sealing court forms are available at the Clerk’s Office or on the Clerk’s
website at www.cookcountyclerkofcourt.org.
34. What is a Certificate of Eligibility for Expungement?
A Certificate of Eligibility for Expungement is available to a person who has been convicted of a
Class 3 or Class 4 felony and subsequently served in the United States Armed Forces or National
Guard or who at the time of filing the petition is enlisted in the United States Armed Forces or
National Guard of this or any other state and served one tour of duty and who meets the
requirements of this paragraph. See 730 ILCS 5/3-3-2 (11), et. seq. A Certificate of Eligibility for
Expungement allows you to petition the Illinois Circuit Court to have an order granted for your
record to be expunged. By granting the Certificate, the Board recommends that the Court order
expungement of all official records of the arresting authority, the Clerk of the Circuit Court, and
the Department of State Police concerning the arrest and conviction for the Class 3 or 4 felony.
To receive a Certificate, you must receive a unanimous vote from a three member panel of the
Prisoner Review Board.
If you have been convicted of the following offenses, you are ineligible to apply for a Certificate of
Eligibility for Expungement:
j. A sex offense described in Article 11 or Sections 11-1.20, 11-1.30, 11-1.40, 11-1.50,
or 11-1.60 of the Criminal Code of 2012;
k. An offense under the Criminal Code of 2012 involving a firearm; or
l. A crime of violence as defined in Section 2 of the Crime Victims Compensation Act or
a similar provision of a local ordinance; or
m. If the person has not served in the United States Armed Forces or National Guard of
this or any other state or has not received an honorable discharge from the United
States Armed Forces or National Guard of this or any other state or who at the time of
the filing of the petition is serving in the United States Armed Forces or National
Guard of this or any other state and has not completed one tour of duty.
If a person has applied to the Board for a Certificate of Eligibility for Expungement and was denied,
he or she must wait at least four years before reapplying or filing for pardon from the Governor
unless the Chairman of the Prisoner Review Boards grants a waiver.
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Dorothy Brown, Clerk of the Circuit Court of Cook County
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35. What is a Certificate of Good Conduct?
If you are unable to have your criminal record expunged or sealed, you should see if you qualify for
a Certificate of Good Conduct. Certificates of Good Conduct are issued by a judge.
An employer cannot be held civilly or criminally liable for an act or omission by an employee who
has been issued a Certificate of Good Conduct. So, even if you have a criminal record, an
employer may be more likely to hire you if you have a Certificate of Good Conduct. See 730 ILCS
5/5-5.5-30.
Certificates of Good Conduct are not considered to be expungements, sealings or pardons. A
Certificate of Good Conduct does not limit the prospective employer from accessing criminal
background information, as it does not hide, alter, or expunge the criminal record.
A person is eligible for a Certificate of Good Conduct if s/he has demonstrated that s/he is a fully
rehabilitated, law-abiding citizen and:
a. Has not been convicted more than twice of a felony;
b. Was not convicted of the following offenses or attempted offenses:
1. Sex Offender Registration Act
2. Arsonist Registration Act
3. Child Murderer and Violent Offender Against Youth Registration Act
4. Class X Felony
5. Aggravated DUI
6. Aggravated Domestic Battery
7. Forcible Felony
Certificates of Good Conduct are issued by a judge and can be revoked by the Circuit Court upon
any subsequent conviction). The Court must make a specific finding of rehabilitation with the force
and effect of a final judgment on the merits when the court is satisfied that:
a. You have conducted yourself in a manner warranting issuance
b. Relief is consistent with your rehabilitation
c. Relief is consistent with the public interest.
In order to be issued a Certificate of Good Conduct, applicants must conduct themselves in a
manner warranting the issuance of the Certificate for the following minimum time periods:
i. One year if your most serious crime was a misdemeanor; or
ii. Three years if your most serious crime was a felony.
Certificate of Good Conduct court forms are available at the Clerk’s Office or on the Clerk’s
website at www.cookcountyclerkofcourt.org.
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36. What is a Certificate of Relief from Disabilities?
If you are unable to have your criminal record expunged or sealed, and you want to obtain a
professional license listed below, you should see if you qualify for a Certificate of Relief from
Disabilities. Certificates of Relief from Disabilities are issued by a judge.
Even if you have a criminal record, you can still obtain or renew your professional license, and an
employer may be more likely to hire you if you have a Certificate of Relief from Disabilities. See
730 ILCS 5/5-5.5-5 et. seq.The court may issue a Certificate of Relief from Disabilities at the time
sentence is pronounced, or at any time thereafter upon verified application to the court.
You are eligible for a Certificate of Relief from Disabilities if you:
a. Have not been convicted more than twice of a felony;
b. Have not been convicted in Illinois or another jurisdiction of the following
offenses:
1. Sex Offender Registration Act
2. Arsonist Registration Act
3. Child Murderer and Violent Offender Against Youth Registration Act
4. Class X Felony
5. Aggravated DUI
6. Aggravated Domestic Battery
7. Forcible Felony
For purposes of a Certificate of Relief from Disabilities, “conviction” includes a plea or a verdict of
guilty upon which a sentence of probation, conditional discharge, or supervision has been imposed.
730 ILCS 5/5-5.5-5.
The court may issue a Certificate of Relief from Disabilities when
a. The relief sought is consistent with rehabilitation, and
b. The relief sought is consistent with the public interest.
The licenses and certifications covered by the Certificate are as follows:
1. The Animal Welfare Act – Animal Welfare Inspector (except for violations of Section 3 Owner’s
Duties, 3.01 Cruel Treatment, 3.02 Aggravated Cruelty, 3.03 Animal Torture, 3.03-1 Depiction of Animal
Cruelty, or 4.01 Animals in Entertainment of the Humane Care for Animals Act (510 ILCS 70/3, 510 ILCS
70/3.01, 510 ILCS 70/3.02, 510 ILCS 70/3.03, 510 ILCS 70/3.03-1, or 510 ILCS 70/4.01); or Section 26-5 of
the Criminal Code of 2012 Dog Fighting (720 ILCS 5/48-1));
2. The Illinois Athletic Trainers Practice Act – Athletic Trainer (225 ILCS 5/1 et seq.)
3. The Barber, Cosmetology, Esthetics, Hair Braiding, and Nail Technology Act of 1985 (225
ILCS 410/1-1 et seq.);
4. The Boiler and Pressure Vessel Repairer Regulation Act – Boiler & Pressure Vessel
Repairperson (225 ILCS 203/1 et seq.);
5. The Boxing and Full-Contact Martial Arts Act (225 ILCS 105/1 et seq.);
6. The Illinois Certified Shorthand Reporters Act of 1984 – Certified Shorthand Reporter (225
ILCS 415/1 et seq.);
7. The Interior Design Title Act – Interior Designer (225 ILCS 310/1 et seq.);
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Dorothy Brown, Clerk of the Circuit Court of Cook County
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8. The Illinois Professional Land Surveyor Act of 1989 – Land Surveyor (225 ILCS 330/1 et seq.);
9. The Illinois Landscape Architecture Act of 1989 – Landscape Architect (225 ILCS 315/1 et
seq.);
10. The Marriage and Family Therapy Licensing Act – Marriage & Family Therapist (225 ILCS
55/1 et seq.);
11. The Private Employment Agency Act – Counselor for an Employment Agency (225 ILCS
515/0.01 et seq.);
12. The Professional Counselor and Clinical Professional Counselor Licensing Act -- Counselor
(225 ILCS 107/1 et seq.);
13. The Real Estate License Act of 2000 – Real Estate Agent (225 ILCS 454/1-1 et seq.);
14. The Illinois Roofing Industry Licensing Act -- Roofer (225 ILCS 335/1 et seq.);
15. Professional Engineering Practice Act – Engineer (225 ILCS 325/1 et. seq.);
16. Water Well and Pump Installation Contractors License Act (225 ILCS 345/1 et. seq.);
17. The Auction License Act (225 ILCS 407/5-1 et. seq.);
18. Illinois Architecture Practice Act of 1989 (225 ILCS 305/1 et. seq.);
19. The Dietician Nutritionist Practice Act (225 ILCS 30/1 et. seq.);
20. The Environmental Health Practitioner Licensing Act (225 ILCS 37/1 et. seq.);
21. The Funeral Directors and Embalmers Licensing Code (225 ILCS 4/1-1 et. seq.);
22. The Land Sales Registration Act of 1999 (765 ILCS 86/1-1 et. seq.);
23. The Professional Geologist Licensing Act (225 ILCS 745/1 et. seq.); and
24. The Structural Engineering Practice Act of 1989 (225 ILCS 340/1 et. seq.).
For the purposes of determining whether to issue a Certificate of Relief from Disabilities, the court may
request that the probation or court services department conduct an investigation of you, and that they
submit a confidential report of the investigation. 730 ILCS 5/5-5.5-15(c).
Once issued, no application for one of the above qualified licenses shall be denied because the person with
the Certificate of Relief from Disabilities was previously convicted of one or more criminal offenses, or has
a “lack of good moral character” because of those convictions, unless:
a. There is a direct relationship between one or more of the previous criminal offenses
and the specific license sought; or
b. The issuance of the license would involve an unreasonable risk to property or to the
safety or welfare of specific individuals or the general public.
Certificate of Relief from Disabilities court forms are available at the Clerk’s Office or on the Clerk’s
website at www.cookcountyclerkofcourt.org.
37. What is the Offender Initiative Program?
The Offender Initiative Program was created to reduce recidivism by requiring the Court upon
successful completion to dismiss an active case against a defendant. See 730 ILCS 5/5-6-3.3 et. seq.
This Program entails that defendants refrain from criminal activity, obtain employment and attend
educational courses among other requirements that the Court deems necessary. A person qualifies
for the Program with the consent of the State’s Attorney and if he or she meets the following
requirements. The individual has never been convicted of or placed on probation or conditional
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discharge for, any felony offense in this State, any other state or under the laws of the United States
and is currently charged with one of the following probationable felony offenses:
a. Theft
b. Retail theft
c. Forgery
d. Possession of a stolen motor vehicle
e. Burglary
f. Possession of burglary tools
g. Possession of cannabis
h. Possession of a controlled substance
i. Possession of methamphetamine
A person will be deemed ineligible to participate in the Program if he or she is charged with a
violent offense. When a defendant is placed in the program, the preliminary hearing is waived and
the Court enters an order specifying that the proceedings shall be suspended while the defendant
participates in the program for at least one year. Upon successful completion of the Program, the
State’s Attorney will dismiss the case or the Court will discharge the person and dismiss the
proceedings. If the terms and conditions of the program are not satisfied, the Court will enter an
order that the Program was not completed and continue the case for arraignment.
SECTION FIVE--Court Forms
Expungement and Sealing Court Forms
Notice of Filing (Rev. 4/29/10) CCCR 0325
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
or
___________________________________________,
A Municipal Corporation,
v.
______________________________________________
Defendant/Petitioner
NOTICE OF FILING
(District One Cases Only)
To: Cook County State’s Attorney Chicago Police Department
2650 S. California Ave., 11
th
Floor 3510 S. Michigan Ave.
Chicago, Illinois 60608 Chicago, Illinois 60653
Illinois State Police Corporation Counsel
260 N. Chicago St. 121 N. LaSalle St., Room 600
Joliet, Illinois 60432 Chicago, Illinois 60602
Take notice that I have this day filed with the Clerk of the Circuit Court of Cook County, Illinois the following:
Petition to Expunge and Impound
Order to Expunge and Impound
Petition to Seal
Order to Seal
Petition to Unseal and Reseal
A true and correct copy of the same is attached hereto and served upon you by the Circuit Court Clerk.
Date:
____________________________, ___________ ______________________________________
Signature of Petitioner
CERTIFICATE OF MAILING
The undersigned certifies that the above notice and attached pleadings were placed in U. S. Mail with first class postage
prepaid or by personal service and directed to all parties listed above.
______________________________________________ By: _________________________________________
Signature Deputy Clerk
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
}
Case No(s). ______________________________
______________________________
______________________________
______________________________
______________________________
Atty. No.: _______________ Pro Se 99500
Attorney (or Pro Se Petitioner)
Name:
___________________________________________
Address: _________________________________________
City/State/Zip:__________________________________
Telephone: _______________________________________
Notice of Filing (Rev. 4/29/10) CCCR 0324 A
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
or
___________________________________________
,
A Municipal Corporation,
v.
______________________________________________
Defendant/Petitioner
NOTICE OF FILING
To: Cook County State’s Attorney’s Office Arresting Agency or Agencies
__________________________________________ __________________________________________
__________________________________________ __________________________________________
__________________________________________ __________________________________________
__________________________________________
Illinois State Police
260 North Chicago Street Chief Legal Officer(s) of the Unit(s) of
Joliet, Illinois 60432 Local Government that Arrested You
Take notice that I have this day filed with the Clerk of the Circuit Court of Cook County, Illinois the following:
Petition to Expunge and Impound
Order to Expunge and Impound
Petition to Seal
Order to Seal
Petition to Unseal and Reseal
A true and correct copy of the same is attached hereto and served upon you by the Circuit Court Clerk.
Date:
____________________________, ___________ _______________________________________
Signature of Petitioner
CERTIFICATE OF MAILING
The undersigned certifies that the above notice and attached pleadings were placed in U. S. Mail with first class postage
prepaid or by personal service and directed to all parties listed above.
_______________________________________________ By: __________________________________________
Signature Deputy Clerk
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
}
Case No(s). ______________________________
______________________________
______________________________
______________________________
______________________________
Atty. No.: _______________ Pro Se 99500
Attorney (or Pro Se Petitioner)
Name:
____________________________________________
Address: __________________________________________
City/State/Zip:___________________________________
Telephone: ________________________________________
_________________________________________
_________________________________________
_________________________________________
(Rev. 4/29/10) CCCR 0324 B
ADDRESSES FOR THE COOK COUNTY
STATE’S ATTORNEY’S OFFICES
District 1
Cook County State’s Attorney
2650 S. California Ave., 11
th
Floor
Chicago, IL 60608
District 2 - Skokie
Cook County State’s Attorney
5600 Old Orchard Rd., Room 263
Skokie, IL 60077
District 3 - Rolling Meadows
Cook County State’s Attorney
2121 Euclid, Room 223
Rolling Meadows, IL 60008
District 4 - Maywood
Cook County State’s Attorney
1500 W. Maybrook Dr., Room 252
Maywood, IL 60153
District 5 - Bridgeview
Cook County State’s Attorney
10220 S. 76th Ave., Room 223
Bridgeview, IL 60455
District 6 - Markham
Cook County State’s Attorney
16501 S. Kedzie Pkwy., Room 220
Markham, IL 60428
Petition to Expunge and Impound Criminal Records (4/29/10) CCCR 0330 A
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
or
______________________________________________,
A Municipal Corporation,
v.
______________________________________________,
Defendant/Petitioner
PETITION TO EXPUNGE AND IMPOUND CRIMINAL RECORDS
The above-named Petitioner states under oath that:
1. The Petitioner was arrested and/or charged on the date(s) and for the offense(s) stated below:
Case Number(s) Arresting Charge(s)
Date(s) of Arrest SID/IR, DCN/CB
Agency(ies)
__________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________
_______________________________________________________________________________________________________________________________________________________________________________________________________________________________
_________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
Additional cases listed on attached page.
Petitioner’s Address:
_______________________________________________________________________________
________________________________________________________________________________________________
2. a. The Petitioner’s conviction was set aside on direct review or on collateral attack and the court deter-
mined by clear and convincing evidence that the Petitioner was factually innocent of the charge, or
b. The Petitioner has never been convicted of a criminal offense as defined by 20 ILCS 2630/5.2(a)(1)(C),
and
3. Each arrest or charge not initiated by arrest, other than a minor traffic offense resulted in
a. acquittal, dismissal, or the petitioner’s release without charging; and/or
b. a conviction that was vacated or reversed; and/or
c. an order of supervision was successfully completed for an offense that is subject to expungement and the
requisite time period has elapsed.
(OVER)
}
Case Nos. _____________________________
_____________________________
_____________________________
__________________________
_____________________________
Date of Birth: ___________________
Gender:
Male
Female
Race:
_________________________
(4/29/10) CCCR 0330 B
d. an order of qualified probation was successfuly completed for an offense that is subject to expungement
and the requisite time period has elapsed and the Petitioner has attached proof to this Petition that s/he has
passed a drug test taken within 30 days before the filing of this Petition showing the absence within his or
her body of all illegal substances; and/or
e. The Petitioner was granted a pardon by the Governor which specifically authorizes expungement.
4. The Petitioner was arrested and released without charging for a minor traffic offense.
5. The Petitioner does not have pending charges against him/her.
WHEREFORE, the Petitioner asks the Court to expunge and impound his/her arrest records and return the expunged records to
Petitioner at the address shown above, or at the address updated by the Petitioner with the Clerk of Court as required by 20 ILCS
2630/5.2(d)(2).
Dated:
_____________________________, ____________ _________________________________________
Defendant/Petitioner
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
Prepared By:
______________________________________________________________________________
______________________________________________________________________________
_______________________________________
Cook County Attorney Code: ____________________________
Address: ___________________________________________
City/State/Zip: ______________________________________ Received this day ________ of __________________
Telephone:
_________________________________________ ____________________________________________
(States Attorney/Prosecutor/ISP/Arresting
Agency/Chief Local Government Legal Office)
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, 735 ILCS 5/1-109
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 and as to such matters the undersigned certifies as aforesaid that
s/he verily believes the same to be true.
Order to Expunge and Impound Criminal Records (4/29/10) CCCR 0331
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
or
________________________________________________,
A Municipal Corporation,
v.
________________________________________________,
Defendant/Petitioner
ORDER TO EXPUNGE AND IMPOUND CRIMINAL RECORDS
This Court, having considered all pleadings and any objections thereto, and after an evidentiary hearing,
ORDERS THAT:
1. The Petition to Expunge and Impound is granted.
2. The above Arresting Agency(ies) and the Chicago Police Department shall expunge the arrest(s) from its records, if
any, within 60 days of the date of service of this order. It is further directed that the Arresting agency(ies) shall request
the return of all identification materials from any other repositories and custodians of statistics that were previously
notified of this arrest(s) by the Arresting Agencies.
3. The Circuit Court Clerk shall impound the record of this arrest until further order of the court upon good cause
shown and shall obliterate the name of the Petitioner on the official index.
4. The Illinois State Police, Bureau of Identification, shall expunge (or impound, if required by law) their files of the
record of this arrest(s) within 60 days of the date of service of this order.
5. This order shall not become effective until 30 days after entry.
6. In accordance with the law, orders of protection, civil no contact orders, and civil no contact stalking orders shall
not be expunged and impounded.
Prepared By:
________________________________________ ENTERED:
Cook County Attorney Code: ___________________________
Name: _____________________________________________
Dated: _________________________, _________
Address: ___________________________________________
City/State/Zip: ______________________________________ ____________________________________________
Presiding Judge Judge’s No.
Telephone: _________________________________________
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
}
Case Nos. _____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
Date of Birth: ___________________
Gender:
Male
Female
Race: _________________________
Order Denying Petition to Expunge and Impound Criminal Records (4/29/10) CCCR 0332
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
or
______________________________________________,
A Municipal Corporation,
v.
______________________________________________,
Defendant/Petitioner
ORDER DENYING PETITION TO EXPUNGE AND IMPOUND CRIMINAL RECORDS
This Court, having considered all pleadings and any objections, and after an evidentiary hearing, hereby denies the
Petition to Expunge and Impound Criminal Records for the following reason(s).
1. Petitioner’s record is not legally eligible for expungement relief.
2. Petitioner failed to attach the required drug test.
3. Petitioner’s drug test showed the presence of an illegal substance.
4. The Court, in the exercise of its discretion, finds that the Petitioner’s interest in being free from a criminal
record is outweighed by the public’s interest in retaining the record.
5. Other _____________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
Prepared By: ________________________________________ ENTERED:
Cook County Attorney Code:
____________________________
Name: _____________________________________________
Dated: _________________________, _________
Address: ___________________________________________
City/State/Zip: ______________________________________ ____________________________________________
Presiding Judge Judge’s No.
Telephone:
_________________________________________
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
}
Case Nos. _____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
Petition to Seal Criminal Records (4/30/10) CCCR 0333 A
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
or
______________________________________________,
A Municipal Corporation,
v.
______________________________________________,
Defendant/Petitioner
PETITION TO SEAL CRIMINAL RECORDS
The above-named Petitioner states under oath that:
1. The Petitioner was arrested and/or charged on the date(s) and for the offense(s) stated below:
Case Number(s) Arresting Charge(s) Date(s) of Arrest SID/IR, DCN/CB
Agency(ies)
__________________________________________________________________________________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________________________________________________________
Additional cases listed on attached page.
Petitioner’s Address:
___________________________________________________________________________
________________________________________________________________________________________________
2. The Petitioner was released without charging; or
3. The Petitioner’s arrest (s) or charge(s) not initiated by arrest was:
a. for a misdemeanor offense that resulted in acquittal, dismissal, or conviction when the conviction was reversed
or vacated; and
b.not a minor traffic offense; and
c. not a felony offense, unless the felony charge was amended to a misdemeanor or otherwise eligible to be sealed.
4. The Petitioner’s arrest(s) or charge(s) not initiated by arrest resulted in order(s) of supervision for an offense that is
subject to sealing, successfully completed by the petitioner, and the requisite time period has elapsed.
5. The Petitioner’s arrest(s) or charge(s) not initiated by arrest resulted in misdemeanor conviction(s) for an offense that is
subject to sealing, and the requisite time period has elapsed.
(OVER)
}
Case Nos. _____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
Date of Birth: ___________________
Gender:
Male
Female
Race: _________________________
Dated: _____________________________, ____________ ________________________________________
Defendant/Petitioner
Prepared By:
__________________________________________________________________________
__________________________________________________________________________
_____________________________________
______
______
___
Cook County Attorney Code: ____________________________
Address: ___________________________________________
City/State/Zip: _______________________________________
Cook County Attorney Code: ____________________________
Address: ____________________________________________
City/State/Zip: _______________________________________ Received this day ________ of __________________
Telephone:
__________________________________________ ____________________________________________
(States Attorney/Prosecutor/ISP/Arresting
Agency/Chief Local Government Legal Office)
Under penalties as provided by law pursuant to Section 1-109 of the Code of Civil Procedure, 735 ILCS 5/1-109 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 and as to such matters the undersigned certifies as aforesaid that
s/he verily believes the same to be true.
(4/30/10) CCCR 0333 B
6. The Petitioner’s arrest(s) or charge(s) not initiated by arrest resulted in order(s) of first offender probation for an offense
that is subject to sealing, the requisite time period has elapsed, and the Petitioner has attached a drug test.
7. The Petitioner’s arrest(s) or charge(s) not initiated by arrest resulted in a Class 4 felony conviction for an offense that is
subject to sealing, the requisite time period has elapsed, and (for drug cases) the Petioner has attached a drug test.
8. The Petitioner has not previously had any felony conviction sealed.
9. The Petitioner does not have any pending charges against him/her.
WHEREFORE, the Petitioner asks the Court to seal his/her arrest records.
Order to Seal Criminal Records (6/9/10) CCCR 0334
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
or
________________________________________________,
A Municipal Corporation,
v.
________________________________________________,
Defendant/Petitioner
ORDER TO SEAL CRIMINAL RECORDS
This Court, having considered all pleadings and any objections thereto, and after an evidentiary hearing,
ORDERS THAT:
1. Defendant/Petitioner’s Petition to Seal Criminal Records is GRANTED.
2. The Illinois State Police, the above Arresting Agency(ies), the Chicago Police Department, and the Clerk of the
Circuit Court shall seal the arrest(s) from its records, if any, within 60 days of the date of service of this order. It
is further directed that the Arresting agency(ies) shall request the return of all identification materials from any
other repositories and custodians of statistics that were previously notified of this arrest(s) by the Arresting
Agencies.
3. This order shall not become effective until 30 days after entry.
4. In accordance with the law, orders of protection, civil no contact orders, and civil no contact stalking orders
shall not be sealed.
DOROTHY BROWN CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
}
Case Nos. _____________________________
_____________________________
_____________________________
_____________________________
_____________________________
Date of Birth: ___________________
Gender:
Male
Female
Race:
_________________________
Prepared By: _______________________________________ ENTERED:
Cook County Attorney Code:
____________________________
Name: _____________________________________________
Dated: _________________________, _________
Address: ___________________________________________
City/State/Zip: ______________________________________ ____________________________________________
Presiding Judge Judge’s No.
Telephone:
_________________________________________
Order Denying Petition to Seal Criminal Records (4/29/10) CCCR 0335
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
PEOPLE OF THE STATE OF ILLINOIS
or
______________________________________________,
A Municipal Corporation,
v.
______________________________________________,
Defendant/Petitioner
ORDER DENYING PETITION TO SEAL CRIMINAL RECORDS
This Court, having considered all pleadings and any objections, and after an evidentiary hearing, hereby denies the
Petition to Seal Criminal Records for the following reason(s).
1. Petitioner’s record is not legally eligible for sealing relief.
2. Petitioner failed to attach the required drug test.
3. Petitioner’s drug test showed the presence of an illegal substance.
4. The Court, in the exercise of its discretion, finds that the Petitioner’s interest in being free from a criminal
record is outweighed by the public’s interest in retaining the record.
5. Other _____________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
__________________________________________________________________________________
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
}
Case Nos. _____________________________
_____________________________
_____________________________
_____________________________
_____________________________
_____________________________
Prepared By: ______________________________________ ENTERED:
Cook County Attorney Code: __________________________
Name: ___________________________________________
Dated: _________________________, _________
Address: _________________________________________
City/State/Zip: _____________________________________ ____________________________________
Presiding Judge Judge’s No.
Telephone: ________________________________________
Affidavit in Support of Petition to Expunge or Seal (7/30/04) CCCR 0328
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
STATE OF ILLINOIS
COUNTY OF COOK
AFFIDAVIT IN SUPPORT OF PETITION TO EXPUNGE OR SEAL
I, _______________________________________________, if sworn to as a witness, can testify competently.
I was arrested on or about
___________________________________ by the ______________________________
Police Department on the charge(s) of ________________________________________________________________.
I appeared in court on this cause and the disposition was _________________________________________________.
My Date of Birth: _________/_________/_________, Sex: _________, Race: _______________________________.
I have been informed by the Office of the Clerk of the Circuit Court of Cook County that the court half sheet
and case file are unavailable.
____________________________________________
(Signature of Petitioner)
VERIFICATION
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 and as to such matters the undersigned certifies as aforesaid that s/he verily believes
the same to be true.
____________________________________________
(Signature of Petitioner)
DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS
}
Atty. No.: _________________ Pro Se 99500
Name: ___________________________________________
Address: _________________________________________
City/State/Zip: ____________________________________
Telephone: ________________________________________
ss:
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2015 CRIMINAL & TRAFFIC EXPUNGEMENT & SEALING PROCEDURAL (State of Illinois Cook County Clerk of the Circuit Court)

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Completed 26 April 2021

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