PETITION FOR EXPUNGEMENT AND/OR SEALING OF CRIMINAL RECORDS

Illinois – 20 ILCS 2630/5.2 Petition Template

[// GUIDANCE: This template is designed for use in Illinois Circuit Courts. It tracks the structure and substantive requirements of 20 ILCS 2630/5.2 and current Illinois Supreme Court Rules. Replace every bracketed [PLACEHOLDER] with client-specific information before filing.]

TABLE OF CONTENTS

1. Caption & Parties Identification
2. Preliminary Recitals
3. Defined Terms
4. Jurisdiction & Venue
5. Factual Allegations and Eligibility Showing
6. Statutory Compliance Statement
7. Relief Requested
8. Notice of Hearing (to be completed by Clerk)
9. Verification Under 735 ILCS 5/1-109
10. Certificate of Service (Ill. Sup. Ct. R. 12)
11. Proposed Order – Exhibit A (Record Expungement / Sealing)

1. CAPTION & PARTIES IDENTIFICATION

IN THE CIRCUIT COURT OF THE [___] JUDICIAL CIRCUIT
[COUNTY] COUNTY, ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS )
) No. [CASE NUMBER]
v. )
)
[PETITIONER LEGAL NAME], ) PETITION FOR EXPUNGEMENT
) AND/OR SEALING OF
) CRIMINAL RECORDS
)

Attorney for Petitioner (if any):
[LAW FIRM / ATTORNEY NAME]
Attorney No.: [_]
Address: [] • Phone: [__] • Email: [_____]

2. PRELIMINARY RECITALS

A. Petitioner is an individual formerly charged in the above-captioned matter(s) and seeks expungement and/or sealing relief pursuant to 20 ILCS 2630/5.2.

B. No civil or criminal proceedings other than those listed herein are presently pending against Petitioner.

C. All statutory waiting periods applicable to the offenses identified below have fully elapsed.

3. DEFINED TERMS

For ease of reference, capitalized terms shall have the following meanings:

“Act” means the Illinois Criminal Identification Act, 20 ILCS 2630/1 et seq.
“Arrest Record” means each arrest, citation, or charge listed in Section 5 below.
“Expunge” or “Expungement” has the meaning set forth in 20 ILCS 2630/5.2(a)(1)(E).
“Seal” or “Sealing” has the meaning set forth in 20 ILCS 2630/5.2(a)(1)(G).

[// GUIDANCE: Add additional defined terms only if used more than once.]

4. JURISDICTION & VENUE

1. This Court has jurisdiction under the Act.
2. Venue is proper in [COUNTY] County because the Arrest Records were handled in this Circuit.

5. FACTUAL ALLEGATIONS AND ELIGIBILITY SHOWING

5.1 Petitioner has never been convicted of a disqualifying felony or misdemeanor listed in 20 ILCS 2630/5.2(c).
5.2 All court-imposed fines, fees, and restitution have been paid in full.
5.3 Petitioner has had no subsequent arrests or convictions during the applicable waiting period(s).

[// GUIDANCE: Attach certified disposition sheets or Clerk printouts as Exhibit B.]

6. STATUTORY COMPLIANCE STATEMENT

Petitioner affirmatively states:

a. Each Arrest Record qualifies for Expungement and/or Sealing under the Act.
b. Statutory notice will be served on the Illinois State Police, the arresting agency, and the State’s Attorney as required by 20 ILCS 2630/5.2(d)(4).
c. Petitioner is not seeking relief for any offense excluded by 20 ILCS 2630/5.2(a)(3).

7. RELIEF REQUESTED

WHEREFORE, Petitioner respectfully requests that this Court:

1. Enter an order expunging and/or sealing all records identified in Section 5;
2. Direct the Illinois State Police and each law enforcement agency to permanently remove or obliterate the Arrest Records from all indices, databases, and public inspection;
3. Direct the Clerk of the Court to expunge or seal all associated court files and minute entries;
4. Grant such further relief as equity and justice may require.

8. NOTICE OF HEARING

Hearing Date: [TO BE SET BY CLERK] at [TIME]
Courtroom: [ROOM NO.]
Location: [COURTHOUSE ADDRESS]

The undersigned has provided or will provide timely notice to all required parties.

9. VERIFICATION UNDER 735 ILCS 5/1-109

I, [PETITIONER NAME], certify under penalty of perjury that I am the Petitioner in the foregoing Petition; that I have read the Petition; and that the statements set forth therein are true and correct to the best of my knowledge, information, and belief. I understand that making a false statement on this Petition is perjury, a criminal offense.

Date: [MM/DD/YYYY]

[PETITIONER SIGNATURE]
[PETITIONER PRINTED NAME]

Subscribed and sworn before me on [MM/DD/YYYY].

Notary Public
My Commission Expires: [____]

10. CERTIFICATE OF SERVICE (Ill. Sup. Ct. R. 12)

The undersigned certifies that on [MM/DD/YYYY] a copy of the foregoing Petition, together with all exhibits, was served via [e-mail / U.S. Mail / hand delivery] upon:

• Office of the State’s Attorney, [COUNTY] County
• Illinois State Police, Bureau of Identification
• [ARRESTING AGENCY] Records Division

[NAME]
Attorney for Petitioner / Pro Se Petitioner

11. PROPOSED ORDER – EXHIBIT A

IN THE CIRCUIT COURT OF THE [___] JUDICIAL CIRCUIT
[COUNTY] COUNTY, ILLINOIS

THE PEOPLE OF THE STATE OF ILLINOIS )
) No. [CASE NUMBER]
v. )
)
[PETITIONER NAME], ) ORDER ON PETITION FOR
) EXPUNGEMENT / SEALING

This cause coming before the Court on Petitioner’s verified Petition for Expungement and/or Sealing of Criminal Records pursuant to 20 ILCS 2630/5.2; the Court being fully advised in the premises and no objection having been sustained, IT IS HEREBY ORDERED:

1. The Petition is GRANTED.
2. All records of the Arrest(s) and Disposition(s) listed below are hereby [EXPUNGED / SEALED]:
   • Arrest Date [_] – Case No. [_] – Charge [____]
3. The Clerk of this Court shall expunge/seal its files as to the foregoing.
4. The Illinois State Police and the [ARRESTING AGENCY] shall expunge/seal the above records forthwith and certify compliance within 60 days.
5. This Order is effective immediately.

ENTERED: [MM/DD/YYYY]

---

Judge, Circuit Court of [COUNTY] County

[// GUIDANCE: File the Petition, Proposed Order, and Certificate of Service together. Pay the statutory filing fee unless waived. Follow local Clerk’s procedures for scheduling the hearing.]