Free CCCR 0320 7-18-08.pmd - Illinois

Order to Seal Arrest Record IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS PEOPLE OF THE STATE OF ILLINOIS or __________________________________________________________, A Municipal Corporation, v. ______________________________________________________________ Defendant/Petitioner

(Rev. 7/18/08) CCCR 0320 A

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Case No(s).

______________________________ ______________________________ ______________________________ ______________________________ ______________________________

ORDER TO SEAL ARREST RECORD
Charge(s): ___________________________________________________________________________________________________

_____________________________________________________________________________________________________________
Date(s) of Arrest(s): _____________________________________________________________________________________________

_____________________________________________________________________________________________________________
Arresting Authority(ies): _________________________________________________________________________________________________

________________________________________________________________________________ I D No.: ________________________
Date of Birth: ____________________________ Current Address: Sex: ___________________ Race: _______________________________________

____________________________________________________________________________________

This cause comes before the Court on the Defendant/Petitioner's Petition to Seal Arrest Record. The Court being fully advised,
FINDS: 1. The Defendant/Petitioner was arrested by the arresting authority(ies) on the date(s) and for the municipal ordinance violation(s) or misdemeanor offense(s) stated above. The Defendant/Petitioner was released without being convicted; OR The Defendant/Petitioner was found not guilty; OR The Defendant/Petitioner was found guilty but the conviction(s) was/were reversed; OR The Defendant/Petitioner was released without conviction following a sentence of supervision and was NOT charged with any of the following offenses: 625 ILCS 11-501, et. seq. Driving under the Influence of Alcohol, Other Drug or Drugs, Intoxicating Compound or Compounds or any combination thereof, or a misdemeanor violation of Article 11 of the Criminal Code of 1961, which includes Adultery, Fornication, Public Indecency, Marrying a Bigamist and/or Obscenity, or 720 ILCS 5/26-5 Dog Fighting, or a misdemeanor violation that is a crime of violence as defined in Section 2 of the Crime Victims Compensation Act (740 ILCS 45/2), which includes: 720 ILCS 5/12-1 Assault, or 720 ILCS 5/12-2 Aggravated Assault, or 720 ILCS 5/12-3 Battery, or 720 ILCS 5/12-3.2 Domestic Battery, or (OVER)

2.

(Rev. 7/18/08) CCCR 0320 B 720 ILCS 5/12-5 Reckless Conduct, or 720 ILCS 5/12-15 Criminal Sexual Abuse, or 720 ILCS 5/12-30 Violation of an Order of Protection, or 510 ILCS 70/1 a misdemeanor violation of the Humane Care for Animals Act, or 730 ILCS 150/1 any offense or attempted offense that would subject a person to registration under the Sex Offense Registration Act. 3. The Defendant/Petitioner has not subsequently been convicted of any misdemeanor or felony and has not been placed on supervision for a misdemeanor or felony within THREE (3) years after the acquittal or release or reversal of conviction, or completion of the terms and conditions of the supervision. The Defendant/Petitioner has paid all costs and fees for the filing of this Petition. The Circuit Court Clerk has served notice on the arresting authority(ies), the Department of State Police (in an offense required to be reported to the Department), the State's Attorney and the chief legal officer of the unit of local government effecting the arrest and: None of the agencies filed an objection to the Petition to Seal within 90 days from the date of Notice; OR This Court, having heard evidence in the matter, finds that the records should be sealed. 6. Any order of protection previously entered against the Petitioner will, by law, not be sealed. Any order of protection is maintained in a separate index under the direction of the Clerk of the Circuit Court. IT IS THEREFORE ORDERED as follows: A. That the Petition to Seal the Defendant/Petitioner's arrest record is GRANTED and the official records be SEALED as follows: 1. The Clerk of the Circuit Court SHALL SEAL all records of the Defendant/Petitioner together with all photographs, fingerprints, and other records of identification taken as a result of the arrest. 2. The Department of State Police SHALL SEAL all records of the Defendant/Petitioner together with all photographs, fingerprints, and other records of identification taken as a result of the arrest. Such records shall not be disseminated or otherwise made accessible except as provided in Paragraph B below of this Order. 3. The arresting authority(ies) SHALL SEAL all records of the Defendant/Petitioner together with all photographs, fingerprints, and other records of identification taken as a result of the arrest. 4. That the arresting authority(ies) shall request the return of any other law enforcement records relating to the incident(s) set forth in the Petition which have been transferred to the Federal Bureau of Investigation or any other law enforcement agency as a result of this/these arrest(s) and SHALL SEAL such records upon their return to the arresting authority(ies). B. That any arrest records SEALED by the arresting authority(ies), the Department of State Police and the Clerk of the Circuit Court may be disseminated for inspection and use by the Court for the purposes of subsequent sentencing for misdemeanor and felony violations and inspection and use by law enforcement agencies, the Department of Corrections, and State's Attorneys and other prosecutors in carrying out the duties of their offices. ENTERED: Dated: _____________________________________, __________ _____________________________________________________ Presiding Judge Judge's No.

4. 5.

DOROTHY BROWN, CLERK OF THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS