Illinois Expungement Form

STATE OF ILLINOIS
EXPUNGE/SEAL CRIMINAL RECORDS

Control Number – IL - EXPCRI - 01

Prepared by U.S. Legal Forms, Inc.

Copyright 2016 - U.S. Legal Forms, Inc.

NOTES ON COMPLETING THESE FORMS

The form(s) in this packet contain “form fields” created using Microsoft Word. “Form fields” facilitate completion of the forms using your computer. They do not limit you ability to print the form “in blank” and complete with a typewriter or by hand.

It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the forms toolbar. Look for the button on the forms toolbar that resembles a “shaded letter “a”. Click in this button and the form fields will be visible.

In order to use the form fields properly, it is necessary to “lock or protect” the document. If you wish to make any changes in the body of the form, it is necessary for you “unlock” or “unprotect” the form.

This is done by clicking on “Tools” in the Menu bar and then selecting “unprotect document”. You may then be prompted to enter a password. If so, the password is “uslf”. That is uslf in lower case letters without the quotation marks.

It is very important to understand that, once the document is unprotected, any data entered in the form fields will be lost when the document is again protected. If changes are necessary, unlock the document, using the password “uslf” if necessary, and make any changes that you feel are required. Then protect the document once again.

After any required changes and re-protecting the document, click on the first form field and enter the required information. You will be able to navigate through the document from form field to form field using your tab key. Tab to a form field and insert your data. Inserting date will result in the default line disappearing. You will have sufficient space to enter any required information.

DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Illinois. All Information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem we suggest that you consult an attorney. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

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I. EXPLANATION OF PETITION FOR EXPUNGEMENT

A. In Illinois, an action for “expungement” begins with the filing of a Petition in the Circuit Court. The Petition must contain certain information. The forms in this packet include the necessary information for an Expungement of Records in the State of Illinois.

B. You can use this packet if:

1. The Petitioner has not been previously convicted of any criminal offense or municipal ordinance violation, and he/she must have been acquitted or released without being convicted of a municipal ordinance, felony, or misdemeanor for the offense the Petitioner is seeking to expunge.

2. Petitioner received supervision for an offense and the required time has elapsed since the supervision ended. The amount of time that must elapse can be either two (2) or five (5) years, depending on the nature of the offense. For a list of what offenses require a two or five year waiting period, see the attached Petition.

3. Any individual who received a conviction or supervision for any sexual offense committed against a minor under 18 years old, including indecent solicitation of a child or criminal sexual abuse, or any violation of Section 11-501 of the Illinois Vehicle Code (DUI) or a similar local ordinance, cannot have their criminal records expunged by the presiding judge in their county regardless of the time that has passed.

II. WHAT FORMS ARE INCLUDED

A. Petition to Expunge and Impound Criminal Records

B. Order to Expunge (and Seal)

C. Affidavit in Support of Petition to Expunge or Seal

Note: This package contains forms for use throughout your State. However, some Counties, or Judges may require a different form, or modification to these forms. If this happens, please consult with your local Court Clerk. If you are required to use additional forms, please advise us by sending an e-mail to orders@uslegalforms.com.

III. PROCEDURE FOR AN EXPUNGEMENT OF CRIMINAL RECORDS IN THE STATE OF ILLINOIS

A. Preliminary Note:

1. The attached forms may be completed by:

a. Printing the forms and completing by hand. Use black ink and print neatly.

b. Printing the forms and completing using a typewriter.

c. By completing the forms on your computer using a word processing program and then printing the forms.

2. Use complete names and not initials. Check your spelling carefully, a misspelled word can delay your name change.

3. Print three (3) complete sets of forms.

4. All forms with a heading – the name of the court, the Petitioner’s name, the case number, and the name of the document – require that the heading be completed. You will need to add the name of the court and the full name of the Petitioner. The “Action/Cause No.” will be either assigned by the court clerk or, in counties with under 3 million in population, it will be made to the same judge, and will have the same case number, as the original action.

5. Forms that require your signature and include a notary block MUST be signed in the presence of the notary or court clerk who will complete the acknowledgement. Use your complete name – first name, middle name, and last name.

6. When a form is filed with the court, request the clerk “file-stamp” one copy of the form for your file.

7. A Law Summary is available and can be printed for your State. To do so, go to where you located this package and select the Law Summary link under the form title and print. Review the Law Summary before beginning the process of completing the forms.

B. Procedure

Step 1: Complete all the forms using complete names – middle names instead of middle initials.

Step 2: File the Petition in the Circuit Court in which the original action was filed and pay the appropriate fee.

Step 3: After filing the Clerk will advise you how a hearing will be set and if publication of any notice is required. Follow the directions of the Clerk.

Step 4: Appear as directed by the Clerk and present the Order to Expunge and Seal Arrest Record.

Step 5: Obtain a certified copy of the Order from the Clerk after it has been signed by the Judge.

Court Etiquette

Note: Actual procedures may vary from Court to Court as to actual steps at the hearing, necessity for an actual hearing and formality. This is presented merely as a guide. The Clerk should be able to instruct you on the actual procedures to be used.

1. Court Clerk, Administrator or Judge Calls Case and asks if parties are ready.

2. You Stand and State that you are present and ready to proceed.

3. Judge asks you to proceed or asked that you be sworn and then asks you questions.

4. If the Judge asks you to proceed, you state “You Honor, My name is and I am the [Plaintiff, Petitioner, Joint Complainant] in this case. I am ready to proceed.” I am requesting a Expungement and believe I have filed the necessary documents and followed the directions of the Court and Clerk. I believe I am ready to present the Order to your honor for the Change, or to answer any questions the Court may have.

5. Judge may ask questions of you about the Petition.

6. If the Judge does not ask questions but requests that you explain the Petition, you should verbally restate the contents of the Petition to the Judge. (Go thought Petition and restate all important facts.) At the end of Statement, restate request that the Petition be granted.

7. At this point, the Judge may ask you to present the Order to him or Court Clerk or deputy for his signature or ask you additional questions. After he signs the order you should obtain certified copies from the clerk. You may desire to obtain several certified copies so be sure to make additional copies of the order before attending Court.

Note: If the Judge makes changes to the wording of the Order or directs that you do so, make the changes and then represent to the Court.

Additional Notes