INFORMATIONAL HANDOUT ON THE PROCESS OF FILING A

PETITION TO EXPUNGE/ PETITION TO SEAL (Pursuant to Public Act 93-1084)

(FOR CUSTOMERS)

 

1.      The customer will need to complete their Petition to Expunge or Petition to Seal Arrest Record or Petition to Seal Conviction, whichever applies.

2.      The customer will have their signature on the Petition notarized by a Notary Public (if required).

3.      The customer needs to make six (6) copies of the petition and notice.

4.      The customer will fill out the first page of the Order to Expunge, or Order to Seal Arrest Record or Order to Seal Conviction, whichever applies.

5.      The customer will file their petition and notice with the Circuit Court Clerk. The Deputy Clerk will then help assist the customer with picking the court date, time, and location to appear in court.

A.     If the customer is filing a Petition to Expunge and Seal, the filing fee will be $60.00 cash or money order accepted, also they will file the original Notice of Motion along with proof of service. The Customer will serve a copy of the Notice and Petition to Expunge and Seal to:

1) State’s Attorney of Will County, 121 North Chicago Street, Joliet, IL 60432 or  

     prosecutor charged with the duty of prosecuting the offense.

2) Illinois State Police, Bureau of Identification, 260 N. Chicago Ave., Joliet, Il 60431-1342

                                    3) Chief of Police of the Arresting Police jurisdiction.

                                    4) Chief legal officer of the unit of local government affecting the arrest;

B.     If the customer is filing a Petition to Seal Arrest Record, Petition to Seal Conviction, or  Petition to Seal Felony Drug Conviction, the filing fee will be $101.64 cash or money order accepted ($60.00 filing fee + $41.64 mailing fee ($10.00 + cost of postage x 4 agencies)), also they will file the original Notice of Motion along with proof of service. The customer needs to give four (4) copy sets to the Circuit Court Clerk in order to serve the parties listed above. If the customer does not provide said copy sets; customer will be charged an additional $4.50 per set for our office to prepare said copy sets. 

 

When the customer is selecting a court date on the Notice of Motion for an expungement, the State has thirty (30) days to file an objection or if the customer is filing to have their record sealed, the State has ninety (90) days to file an objection.

 

6.      The customer will appear in court on the date, time, and location set from the Notice of Motion form.

7.      The customer will present their completed Order to the judge if their Petition is granted.

8.      If the Order is granted the customer must pay the Circuit Court Clerk the following additional fees.

     The customer must pay the statutory mailing fees, copy and certification fees.

A.     Order to Expunge and Seal; $79.64 plus $19.91 for each agency required to receive notice

      beyond those indicated below and ordered by the Court. Copies shall be mailed to the

      following:

1)      The petitioner or his attorney (certified copy)

2)      The arresting police agency (certified copy)

3)      The State’s attorney or local prosecutor (certified copy)

4)      Illinois State Police, Bureau of Identification (certified copy)

5)      Other agencies as may be ordered by the Judge

B.     Order to Seal Arrest Record/ Order to Seal Conviction/ Order to Seal Felony Drug Conviction; $77.64 plus $19.41 for each agency required to receive notice beyond those indicated below and ordered by the Court. Copies shall be mailed to the following:

1)      The petitioner or his attorney (certified copy)

2)      The arresting police agency (certified copy)

3)      The State’s attorney or local prosecutor (certified copy)

4)      Illinois State Police, Bureau of Identification (certified copy)

5)      Other agencies as may be ordered by the Judge                                       *See reverse side

                 

9.      Plus the customer will deliver to the Circuit Court Clerk a certified check or money order payable to the Department of State Police in the amount of $60.00. This is a statutory fee that is required before the Illinois State Police will expunge/ seal any record. (20 ILCS 2630/5) The State Police Dept. does waive the $60.00 fee if the customer has the poor person application and affidavit of assets and liabilities forms approved by the Chief Judge’s Office.

10.  Please Note: that the Orders will not be processed until the additional fees listed in line #8 and #9 are received by the Circuit Court Clerk.

 

LOCATION IN WHICH PETITIONS ARE HEARD

 

Pursuant to Administrative Order of the 12th Judicial Circuit Court, the Petitions are heard by the            

presiding Judge of the Felony Division in Courtroom 405 at the Will County Court House, 14 West

Jefferson Street, Joliet, Illinois on any Friday – 9:30 a.m.

 

            General public information:

Reference for the customer the State Appellate Defender’s brochure booklet & forms packet are available through our office. Expungement Project, Office of the State Appellate Defender, Administrative Office, P.O. Box 5240, Springfield, Illinois 62705-5240, or contact them at the toll-free phone number (866) 431-4907. E-mail/website: expungement.Springfield@osad.state.il.us

 

 

PAMELA J. MCGUIRE, CLERK OF THE CIRCUIT CLERK OF WILL COUNTY

 

                                                                                                                                                                  (Revised 06/07)